Nevada Marijuana Laws

Marijuana became legal for recreational, adult use when 55 percent of voters approved Question 2 at the ballot in November, 2016. The new law allows adults 21 and older to possess up to 1 ounce of marijuana, and/or 3.5 grams of concentrates. Gifting and home cultivation are also permitted in some cases.

Nevada Marijuana Attorneys

The following Nevada lawyers are actively involved in the practice of cannabis law:

Nevada_legalmann
Nevada_diazandgaltlaw

LAW BREAKDOWN

Possession of marijuana for personal use is legal in Nevada after 55 percent of voters approved ‘Question 2’ in November 2016 at the ballot.

Possession

It is legal for adults 21 and older to possess up to 1 ounce of marijuana and/or 3.5 grams of concentrates without penalty. Possession of more than 1 ounce is a misdemeanor, punishable by a maximum fine of $600. Possession or use of marijuana in a public place is a likewise a misdemeanor, also punishable by a maximum $600 fine.

Sale or Delivery

Gifting up to 1 ounce of cannabis flower or 3.5 grams of concentrated marijuana is legal, as long as nothing else of value exchanges hands. Distributing larger amounts comes with serious penalties.

Distribution of between 1 ounce and 100 pounds is a felony, on a first offense punishable by between 1 and 4 years in prison, and up to $5,000 in fines. On a second offense, the maximum possible prison term increases to 5 years, and the potential fine increases to $10,000. For any subsequent offense, the prison term is between 3 and 15 years, and a $20,000 fine is possible.

When the weight involved is between 100 and 2,000 pounds, the punishment is between 1 and 5 years in prison, and up to $25,000 in fines. For weights of between 2,000 and 10,000 pounds, the minimum prison term is 2 years, the maximum is 10, and the top fine is $50,000.

And finally, when the amount involved is more than 10,000 pounds, the prison term is from 5 years to life, and a $200,000 fine is possible.

Sale or distribution of any amount to a minor is also a felony, with a mandatory minimum of 5 years in prison, a maximum of life, and up to $20,000 in fines.

Cultivation

Growing cannabis is permitted in Nevada for people who live more than 25 miles from a marijuana dispensary, elimintating a larger proportion of the state’s population. Those that qualify can legally cultivate up to six cannabis plants at home, with no more than 12 plants in a single shared residence. Plants must not be grown where they are “visible from a public place by normal unaided vision,” according to Question 2.

Cultivation of 12 or more plants is a felony, and the maximum punishment is between 1 and 4 years in prison and $5,000 in fines. Penalties for larger amounts increase in line with distribution charges outlined above.

Hash and Concentrates

It is legal in Nevada to possess up to an eighth of an ounce (3.5 grams) of marijuana concentrates without penalty. Possession of any more than that can draw criminal charges.

Paraphernalia

Possession and use of marijuana paraphernalia by those aged 21 and older is legal in Nevada.

Sale to a minor is a felony; it comes with a mandatory minimum of 1 year in jail, a maximum of 5 years in prison, and up to $10,000 in fines.

MEDICAL MARIJUANA

The medicinal use of marijuana was legalized in Nevada by way of ballot initiative, and by a wide margin, in 2000. The law allows the use, possession and cultivation of marijuana for patients who possess “written documentation” confirming that cannabis may alleviate their condition.

Qualifying conditions – AIDS/HIV, Cachexia, Cancer, Glaucoma, Post-traumatic stress disorder (PTSD), persistent muscle spasms or seizures, severe nausea or pain and any other condition subject to approval by a physician

Patient possession limits – Patients or their primary caregivers may possess two and a half ounces of usable marijuana.

Home cultivation – Yes. 12 mature plants are allowed, and there are additional limits for patients residing within a 25-mile radius of an operating dispensary. Patients cultivating specific strains not available at a local dispensary are exempt from the additional limits.

State-licensed dispensaries – Yes

Caregivers – Yes. A caregiver is a designated person responsible for the well-being of a patient suffering from a chronic or debilitating medical disease. Patients are only permitted to have one dedicated caregiver. Caregivers must be 18 years of age or older.

Reciprocity – Yes

Contact information

Application information for the Nevada medical marijuana registry is available by writing or calling:

Nevada Department of Health and Human Services, Nevada State Health Division
4150 Technology Way, Suite 104
Carson City, Nevada 89706
Phone: 775-687-7594
Fax: 775-684-4156
health.nv.gov/MedicalMarijuana.htm

PENALTIES

Offense Penalty Incarceration   Max. Fine

Possession

Personal Use

Up to 1 oz No Penalty None $ 0
More than 1 oz Misdemeanor N/A $ 600
Possession or use in public Misdemeanor N/A $ 600

Sale or Delivery

Gifting up to one ounce for no remuneration No Penalty None $ 0
Gifting up to 1/8 oz of concentrated marijuana for no remuneration No Penalty None $ 0
More than 1 oz – less than 100 lbs (first offense) Felony 1* – 4 years $ 5,000
More than 1 oz – less than 100 lbs (second offense) Felony 1* – 5 years $ 10,000
More than 1 oz – less than 100 lbs (subsequent offense) Felony 3* – 15 years $ 20,000
100 – less than 2000 lbs Felony 1* – 5 years $ 25,000
2000 – less than 10,000 lbs Felony 2* – 10 years $ 50,000
10,000 lbs or more Felony 5* – life $ 200,000
To a minor Felony 5* – life $ 20,000
* Mandatory minimum sentence

Cultivation

12 plants or more Felony 1* – 4 years $ 5,000
100 – less than 2000 lbs Felony 1* – 5 years $ 25,000
2000 – less than 10,000 lbs Felony 2* – 10 years $ 50,000
10,000 lbs or more Felony 5* – life $ 200,000
* Mandatory minimum sentence

Hash & Concentrates

Up to 3.5 g No Penalty None $ 0
Possession of greater quantities incur criminal penalties.

Paraphernalia

Possession or use of paraphernalia by those 21 or older No Penalty None $ 0
Sale to a minor who is at least 3 years younger Felony 1* – 5 years $ 10,000
* Mandatory minimum sentence

Civil Asset Forfeiture

Vehicles and other property may be seized.

Miscellaneous

Knowingly maintaining a structure used for drug offenses Felony 1* – 6 years $ 10,000
100 – 2000 lbs Civil Penalty N/A $ 350,000
2000 – 10,000 lbs Civil Penalty N/A $ 700,000
10,000 lbs or more Civil Penalty N/A $ 1,000,000
* Mandatory minimum sentence