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Nevada cannabis board delays lab- and testing-focused rules, approves rest of regulatory package
Summary
After extended industry testimony, the Nevada Cannabis Compliance Board voted to postpone sections of its NCCR 11 regulatory package (lab/testing, sample-size and COA rules) for 60 days to allow more workshops; the board adopted the remaining regulations at the same meeting.
The Nevada Cannabis Compliance Board voted to postpone a set of testing- and laboratory-related regulatory changes for 60 days and approved the remainder of a 2024/LCB-updated regulatory package at its November meeting.
Chair Guzman Freilich moved to postpone the portions of NCCR 11 most contested by industry — including the LCB’s revisions to section 61 (listed standards), section 68 (sample-size language), section 72 (certificate-of-analysis/COA procedures) and section 73 (investigation fees). After discussion and an amendment setting a 60-day delay, the board approved the postponement by voice vote.
Industry representatives told the board the changes introduced by the Legislative Counsel Bureau (LCB) differed from language workshopped in 2024 and risked operational confusion. Lake Martin of the Nevada Cannabis Association warned that a proposed 20-gram sample-size minimum “is contrary to legislative intent” in SB 157 because the statute ties sample size to lot size, and said the industry needs a clear effective date or delayed implementation to manage existing inventory.
Laboratory counsel and testing providers urged the board to pull section 61, which lists multiple secondary standards labs would be expected to consult. “Asking labs to look at a plethora of secondary resources… and then trying to discern which specific provisions they’re supposed to adhere to” creates compliance burdens, Kimberly Max of Rushton (representing RSR Analytical) said. Lab representatives also pressed staff on provisions that would govern when COAs must be posted and whether labs could withhold COAs for nonpayment.
CCB staff and Chief Cronkite said the draft did not require labs to release COAs before payment; staff described existing operational options to hold COAs in Metrc while disputes are resolved and said the rules could be revised through workshops. Staff also noted much of the LCB’s revision consolidated cross-referenced standards into a single list (section 61), and that the board’s prior 2024 workshops had supported some of the language now under review.
After the postponement vote, the board approved the remaining regulatory items in the package (all items except the held sections of regulation 11). Chair Guzman Freilich said the 60-day delay was intended to allow targeted workshops and additional review before the board returns to the topics.
