1. Except as otherwise provided in this section and NRS 453A.326, the Department shall issue medical marijuana establishment registration certificates for medical marijuana dispensaries in the following quantities for applicants who qualify pursuant to NRS 453A.322:

(a) In a county whose population is 700,000 or more, 40 certificates;

(b) In a county whose population is 100,000 or more but less than 700,000, ten certificates;

(c) In a county whose population is 55,000 or more but less than 100,000, two certificates;

(d) In each other county, one certificate; and

(e) For each incorporated city in a county whose population is less than 100,000, one certificate.

2. Notwithstanding the provisions of subsection 1, the Department:

(a) Shall not issue medical marijuana establishment registration certificates for medical marijuana dispensaries in such a quantity as to cause the existence within the applicable county of more than one medical marijuana dispensary for every ten pharmacies that have been licensed in the county pursuant to chapter 639 of NRS. The Department may issue medical marijuana establishment registration certificates for medical marijuana dispensaries in excess of the ratio otherwise allowed pursuant to this paragraph if to do so is necessary to ensure that the Department issues at least one medical marijuana establishment registration certificate in each county of this State and, pursuant to paragraph (e) of subsection 1, each incorporated city of this State in which the Department has approved an application for such an establishment to operate.

(b) Shall, for any county for which no applicants qualify pursuant to NRS 453A.322, within 2 months after the end of the period during which the Department accepts applications pursuant to subsection 5, reallocate the certificates provided for that county pursuant to subsection 1 to the other counties specified in subsection 1 in the same proportion as provided in subsection 1.

3. The Department:

(a) Shall not accept an application for the issuance of a medical marijuana establishment registration certificate pursuant to paragraph (e) of subsection 1 unless the application is accompanied by a letter from the incorporated city in which the proposed medical marijuana dispensary will be located endorsing the issuance of the medical marijuana establishment registration certificate;

(b) May accept such an application at any time if no medical marijuana establishment registration certificate has been issued to a medical marijuana dispensary located in the incorporated city pursuant to paragraph (e) of subsection 1; and

(c) May accept such an application on or before December 31, 2018, only from an applicant who holds a medical marijuana establishment registration certificate.

4. With respect to medical marijuana establishments that are not medical marijuana dispensaries, the Department shall:

(a) Issue a medical marijuana establishment registration certificate to at least one cultivation facility and at least one facility for the production of edible marijuana products or marijuana-infused products in each county; and

(b) Determine the appropriate number of additional such establishments in each county as are necessary to serve and supply the medical marijuana dispensaries to which the Department has granted medical marijuana establishment registration certificates and issue such a number of medical marijuana establishment registration certificates for such establishments in each county.

5. Except as otherwise provided in subsection 3, the Department shall not, for more than a total of 10 business days in any 1 calendar year, accept applications to operate medical marijuana establishments.

(Added to NRS by 2013, 3705; A 2015, 2985; 2017, 3693, 3748; R 2019, 3896, effective July 1, 2020)