- 1. The Board shall cause to be made and kept a record of all proceedings at regular and special meetings of the Board. These records are open to public inspection.
2. Except as otherwise provided in subsections 3, 4 and 6, any and all information and data prepared or obtained by the Board or by an agent or employee of the Board:
- (a) Relating to an application for a license or a registration card, a request for a transfer of ownership interest pursuant to the regulations adopted by the Board pursuant to NRS 678B.380 or a request to obtain the approval of the Board of any act, transaction, qualification, extension or exemption for which the approval of the Board is required pursuant to this title or the regulations adopted pursuant thereto and which is given at a meeting of the Board;
- (b) That is required by the Board to be provided to the Board pursuant to this title or any regulation adopted pursuant thereto or which may be otherwise obtained relative to the finances, earnings or revenue of any licensee, registrant or applicant for a license or registration card;
- (c) Pertaining to the criminal record, antecedents and background of a natural person;
- (d) For which an assurance that the information and data will be held in confidence and treated as confidential has been provided in writing by the Board or an agent or employee of the Board who has been authorized by the Board to provide such an assurance;
- (e) Relating to the internal layout and structural elements of a cannabis establishment;
- (f) Relating to the security of a cannabis establishment, including, without limitation, the security measures and emergency preparedness of a cannabis establishment and any assessment of threats to or vulnerabilities of a cannabis establishment;
- (g) That constitutes a trade secret, as defined in NRS 600A.030, and for which the word “Confidential” or “Private” or another indication of secrecy was placed in a reasonably noticeable manner on any medium or container that describes or includes any portion of the trade secret at the time it was provided to the Board or an agent or employee of the Board;
- (h) That contains the name or other personal information of a natural person who facilitates or delivers services in accordance with the provisions of this title and the regulations adopted pursuant thereto;
- (i) Whose disclosure would likely prejudice the effectiveness of the operations of a law enforcement agency;
- (j) Relating to the activities of a licensee or registrant involving the medical use of cannabis; or
(k) Relating to disciplinary action taken in accordance with NRS 678A.520 to 678A.600, inclusive, or an audit, inspection or investigation,
is confidential and may be revealed in whole or in part only in the course of the necessary administration of this title or upon the lawful order of a court of competent jurisdiction.
3. The following information and data are not confidential:
- (a) The name of a licensee.
- (b) The name of each owner, officer and board member of a licensee.
- (c) The name of the receiver for a cannabis establishment subject to receivership.
- (d) The physical address of a cannabis sales facility or cannabis consumption lounge.
- (e) The local governmental jurisdiction in which a cannabis establishment is located.
- (f) Information and data relating to the scoring and ranking of applications for a license.
- (g) A complaint served pursuant to NRS 678A.520.
- (h) A decision and order issued pursuant to NRS 678A.590 or 678A.595, including, without limitation, any information and data relating to any civil penalty imposed by such a decision and order.
- (i) A consent or settlement agreement entered into pursuant to NRS 678A.645, including, without limitation, any information and data relating to any civil penalty imposed by such a consent or settlement agreement.
- 4. The Board may reveal information and data declared confidential pursuant to subsection 2 to an authorized agent of any governmental entity. If any confidential information and data is provided by the Board to a governmental entity pursuant to this section, the information and data remains confidential and may not be provided to any other person or governmental entity. To the extent practicable, any governmental entity that receives any confidential information and data from the Board pursuant to this section shall treat the information and data as confidential. Notwithstanding any other provision of state law, information and data declared confidential pursuant to subsection 2 may not be otherwise revealed without specific authorization by the Board pursuant to the regulations of the Board.
5. A person seeking an order of a court of competent jurisdiction for the disclosure of information and data declared confidential pursuant to subsection 2 must submit a motion in writing to the court requesting the information. At least 14 days before submitting the motion, the person must provide notice to the Board, the Attorney General and all persons who may be affected by the disclosure of the information and data. The notice must:
- (a) Include, without limitation, a copy of the motion and all documents in support of the motion that are to be filed with the court; and
- (b) Be delivered in person or by certified mail to the last known address of each person to whom notice must be provided.
- 6. The Board may reveal information and data declared confidential pursuant to subsection 2 to the extent necessary to establish a claim or defense in an action against the Board brought by a licensee, registrant or applicant for a license or registration card. The court may order the redaction or sealing of any court records containing confidential information and data revealed pursuant to this subsection to maintain the confidentiality of the information and data.
- 7. All files, records, reports and other information and data pertaining to matters related to cannabis in the possession of the Nevada Tax Commission or the Department of Taxation must be made available to the Board as is necessary to the administration of this title.
8. As used in this section:
- (a) “Governmental entity” means any agency of the United States Government, any state or political subdivision of a state or the government of any foreign country.
- (b) “Information and data” means all information and data in any form, including, without limitation, any oral, written, audio, visual, digital or electronic form, and the term includes, without limitation, any account, book, correspondence, file, message, paper, record, report or other type of document.
(c) “Personal information” means:
- (1) The name, address, telephone number, electronic mail address or date of birth of a person; and
- (2) Any other information that constitutes personal information as defined in NRS 603A.040.
(Added to NRS by 2019, 3782; A 2025, 2978)