{"id":374817,"date":"2016-03-31T21:35:54","date_gmt":"2016-04-01T02:35:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/nevada-law\/nevada-marijuana-laws.html"},"modified":"2024-09-24T11:39:47","modified_gmt":"2024-09-24T16:39:47","slug":"nevada-marijuana-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/nevada-law\/nevada-marijuana-laws.html","title":{"rendered":"Nevada Marijuana Laws"},"content":{"rendered":"\n
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Nevada Marijuana Laws<\/h1>\n
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\n By Kit Yona, M.A.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Medical marijuana and adult-use recreational marijuana have been legal in the state of Nevada for quite some time.<\/p>\r\n

In 2023, the state increased the possession limits for marijuana (cannabis<\/a>). State law allows legal possession of up to 2.5 ounces of adult-use cannabis for those ages 21 and older. The increase maintains Nevada’s reputation as a cannabis-friendly state. But there are limits to marijuana possession, use, and cultivation in Nevada, though.<\/p>\r\n

In this article, we’ll explain the cannabis laws in effect in Nevada and some of the recent changes. We will discuss recreational marijuana use<\/a>, the medical cannabis program<\/a>, and the agencies that oversee them. You’ll get a much better understanding of how Nevada marijuana laws work and your best options for the legal use of cannabis.<\/p>\r\n

Nevada Marijuana Laws: How They Work<\/h2>\r\n

Medical use and adult recreational use of marijuana are legal in Nevada, but you still must follow specific limits and restrictions. Public consumption of any cannabis products is illegal and carries a misdemeanor charge along with a $600 fine. There is an exception for licensed cannabis consumption lounges<\/a>, which became legal after AB 341<\/a> became law in June 2021. The first two to open<\/a> are in Las Vegas.<\/p>\r\n

You can use marijuana products on private property. If the home is a rental, the tenants must have permission to use cannabis products from the owner. It’s illegal for anyone to use marijuana in a moving vehicle. This includes all passengers.<\/p>\r\n

Using and possessing marijuana paraphernalia is legal for adults over 21 years of age. The sale of paraphernalia to a minor at least three years younger than the seller is a felony with a mandatory minimum of one year in jail and a fine of up to $10,000.<\/p>\r\n

While possession of a legal amount of marijuana is legal in Nevada, it’s still a Schedule I drug<\/a> in the Controlled Substances Act (CSA)<\/a>. This means you’re subject to federal law on federal lands such as national parks or military bases. All signs point to a federal reclassification soon<\/a>, but as of September 2024, nothing has changed.<\/p>\r\n

When marijuana became legal in Nevada, some residents had convictions for offenses that were no longer illegal. Assembly Bill (AB) 192 allows for decriminalized convictions to get sealed<\/a> on criminal records.<\/p>\r\n

Driving a motor vehicle under the influence of marijuana carries the same penalties that an alcohol-fueled DUI does<\/a>, such as a suspension of your driver’s license. Nevada is one of the few states that uses a per se standard<\/a> for those arrested with cannabis in their systems and administers a drug test.<\/p>\r\n

Licensed cultivators are responsible for a 15% wholesale excise tax. The Nevada state sales tax of 10% applies to all retail sales.<\/p>\r\n

With a basic understanding of Nevada marijuana laws under your belt, let’s take a look at the two different types of cannabis available: medical use and adult-use recreational.<\/p>\r\n

Nevada Medical Marijuana Laws<\/h3>\r\n

Nevada voters approved the legalization of medical cannabis in 2000<\/a>, but the state didn’t put the framework in place until the passage of Senate Bill (SB) 374<\/a> in 2013. The Department of Public and Behavioral Health (DPBH) manages the Nevada Medical Marijuana Program (NMMP)<\/a>. You must be a member of the Medical Marijuana Cardholder Registry (MMCR)<\/a> to have access to medical cannabis in Nevada.<\/p>\r\n

To get approved, you’ll first need a recommendation from a health care provider in good standing with the state of Nevada. They must confirm that you suffer from one or more of the following qualifying conditions:<\/p>\r\n