Nevada marijuana laws

Nevada recreational marijuana laws

Nevada made the jump from being a medical marijuana state to full adult use legalization state when voters passed Question 2 in 2016, which went into effect on January 1st, 2017. The success of Question 2 built off a failed attempt to legalize cannabis in 2006, another in 2002, and 2001’s AB 453, which defelonized cannabis possession and expanded the medical marijuana system created by Question 9 (more on that below). From 2017 to 2023, adults over 21 in Nevada could possess up to one ounce of usable marijuana and 3.5 grams of cannabis concentrate. But as of January 1, 2024, adults can now possess up to two ounces of usable marijuana and seven grams of cannabis concentrate.

Every state that has legalized cannabis has done it a little differently, and in Nevada, that has meant looking at their regulation of the gaming industry as a model, as well as initially trying to include the alcohol industry in the distribution of cannabis (the alcohol distributors ended up lasting in Nevada’s cannabis industry for less than five months). Nevada has also pioneered the drive-through dispensary, with the first in the country opening on tribal land near downtown Las Vegas in late 2017. Neighboring unincorporated Clark County approved drive-through dispensaries in 2020 after seeing the success of the tribal model, and at least 10 Las Vegas Valley dispensaries have drive-thrus as of January 2024.

In addition to Question 2, adult consumers of cannabis can look to the Nevada Revised Statute: Regulation and Taxation of Marijuana, and to the Nevada Administrative Code: Regulation and Taxation of Marijuana for guidance.

Nevada medical marijuana laws

Medical marijuana became legal in Nevada in 2000 when Question 9 passed on its second round of voting. In Nevada, constitutional amendments need two consecutive majority votes to pass, and Question 9 got 59%, then an impressive 65% of the vote. Like California’s Prop 215 from 1996, Question 9 was more of a foundation for legalization to be built upon, rather than a fully fleshed out legalized, regulated, and taxed cannabis industry.

The biggest differences between medical cannabis patients and adult consumers in Nevada are the amount of cannabis they can legally possess and grow. While adult consumers can only possess up to two ounces of usable marijuana and 7 grams of cannabis concentrate, medical marijuana patients can possess up to 2.5 ounces. For both medical and adult consumers, those convicted of possession beyond their legal limit face a misdemeanor and up to a $600 fine for their first offense, and a misdemeanor with a $1,000 fine for their second offense.Beyond Question 9, patients seeking guidance on medical cannabis in Nevada can look to the Nevada Revised Statute: Medical Use of Marijuana and the Nevada Administrative Code: Medical Use of Marijuana.

Nevada qualifying conditions for medical marijuana

Since Nevada has legalized cannabis use for all adults over 21, many would-be patients now need not endure the process of getting a medical card. Instead, they can buy their medicine from adult-use dispensaries. For would-be patients under 21, medical cannabis remains the only option for legal cannabis use in Nevada.

Nevada has a remarkably short list of conditions that can qualify a patient to use medical cannabis. But like California, it has a major caveat that supersedes all of the qualifying conditions. Specifically, Nevada will allow someone to become a cannabis patient if the person has “Any other chronic or debilitating medical condition” which a physician feels may be improved by using cannabis.

Qualifying conditions to become a medical marijuana patient in Nevada include:

• AIDS
• Cancer
• Glaucoma
• Post-traumatic stress disorder (PTSD)
• A medical condition or treatment for a medical condition that produces, for a specific patient, one or more of the following:
  • Cachexia
  • Persistent muscle spasms (including multiple sclerosis)
  • Seizures, including seizures caused by epilepsy
  • Severe nausea
  • Severe pain
• Any other chronic or debilitating medical condition that, in the professional judgment of a physician, might be helped by the use of medical cannabis

For a complete list of qualifying conditions and guidelines, please refer to Nevada Medical Marijuana Cardholder Registry FAQ, or catch up on the latest Nevada cannabis news.

How to get a medical marijuana card in Nevada

The first step in becoming a medical cannabis patient in Nevada is to

1. Create a login for the Online Cardholder Registry
2. Submit an application to the Nevada Department of Health and Human Services online using a scanned Nevada driver’s license and attaching a PDF of a recommendation note from a licensed medical doctor. Submitting the application costs $25.
3. The state will approve or deny your application within 24 to 72 hours. If approved, you’ll receive a temporary medical card permit that you may print out and use for 60 days. The state will mail a permanent card to your home within 10 days.
4. The final cost of the card depends on whether you choose a one-year card or a two-year card. The former costs $50 while the latter costs $100.

You can get more information on the DPBH’s Medical Marijuana Patient Cardholder Registry Homepage and their Medical Marijuana Patient Cardholder Registry FAQs. Since not all doctors may be comfortable recommending medical cannabis to their patients, you can use Leafly’s doctor finder to look for one in your area.

Does Nevada accept out-of-state medical cards?

Yes. While Nevada’s adult use legalization means that you no longer need to have a medical cannabis card to buy marijuana there, having one can be helpful as they are still recognized and grant you greater protections than someone without a medical card.

Nevada has a well-developed system of medical reciprocity where people with out-of-state cards aren’t just allowed to possess cannabis, but can buy it from Nevada dispensaries, so long as they present a valid out-of-state medical cannabis card.

When does my Nevada medical card expire?

Medical cannabis cards in Nevada can be good for one year ($50) or two years ($100) from the date of issue.

Nevada marijuana growing laws

Like their neighbors in Arizona, cannabis cultivation is only allowed in Nevada if patients or adult consumers live over 25 miles from their closest dispensary. Nevada’s statute appears to uphold the right of patients to continue growing if a dispensary opens closer to their home, so long as when they began cultivating there no dispensary was within 25 miles of them.

The biggest difference between cultivation for medical patients and other adult cannabis consumers is the number of plants they can grow. Medical marijuana patients are allowed to cultivate up to 12 plants (mature and immature), while non-medical consumers are limited to six plants per person (up to 12 per household). All cultivation must not be visible from a public place and must take place “within a closet, room, greenhouse, or other enclosed area that is equipped with a lock or other security device.”

Nevada public consumption laws

While having a medical cannabis card does allow patients to grow and possess more cannabis than other adults, it does not allow them to legally consume it in public places or places exposed to public view. Additionally, marijuana cannot legally be possessed in any jail, prison, or correctional facility. Those convicted of public consumption are looking at a misdemeanor and up to a $600 fine for their first offense, and a misdemeanor with a $1,000 fine for their second offense.

Nevada cannabis DUI laws

Like in any other state in the US, it is illegal for someone to drive in Nevada if they are intoxicated on a substance above the legally established limit, including alcohol and cannabis. Even medical cannabis patients can get DUIs, and having a medical card is not a defense against a DUI charge. Any driver in Nevada has implied consent to submit to a chemical test, and a refusal to submit to this test deems that refusal admissible in any criminal or administrative investigation as evidence.

The only legal testing method that police can officially administer is a blood sample. If a motorist’s blood registers more than two nanograms of marijuana per milliliter of blood or five nanograms of marijuana metabolites per milliliter of blood, police can legally charge that person with a DUI.

Penalties

• First offense (within seven years): Between two days and up to six months in jail, $400 to $1,000 fine, 48 to 96 hours of community service; must pay for and participate in an education course on the abuse of alcohol and controlled substances within the time specified.
• Second offense (within seven years): Between 10 days and up to six months in jail or between 10 days and up to six months on house arrest, $750 to $1,000 fine or the equivalent number of community service hours; court may order participation in a program for the treatment of alcohol and drugs.
• Third and subsequent offenses (within seven years): Category B felony; between one year and up to six years in prison, during which they shall be segregated from violent offenders in a minimum-security facility; $2,000 to $5,000 fine.

Previous Nevada DUI testing laws for cannabis included urine samples and were heavily criticized for being scientifically inaccurate, occasionally leading to cannabis patients testing above the legal limit despite not being impaired. Successful efforts to change the state’s “per se” testing limit passed in 2021, eliminating urine samples and creating a new standard believed to be fairer to cannabis patients.

For more information, please refer to Nev. Rev. Stat. Chapter 484C.

Nevada cannabis testing regulations

While labs there do not have to be ISO certified (like labs in California), Nevada has some very robust testing requirements compared to other medical and adult use states. Testing labs in Nevada are required to test for moisture content, potency, terpenes, foreign matter, mycotoxins, heavy metals, pesticide residue, herbicides, growth regulators, total yeast and mold, total Enterobacteriaceae, Salmonella, pathogenic E. coli, and four species of Aspergillus.

When it comes to heavy metals, Nevada only requires testing for arsenic (2ppm), cadmium (0.82 ppm), lead (1.2 ppm), and mercury (0.4 ppm), which some observers have criticized as not stringent enough. There have been calls to add tests for chromium, nickel, and other metals associated with stainless steel that is frequently used in oil cartridges.

In 2019, Nevada Gov. Steve Sisolak created a multiagency task force to “root out corruption or criminal influences” in Nevada’s legal cannabis market, specifically lab testing.