Nevada Marijuana Laws

By Kit Yona, M.A. | Legally reviewed by John Mascolo, Esq. | Last reviewed September 24, 2024

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Medical marijuana and adult-use recreational marijuana have been legal in the state of Nevada for quite some time.

In 2023, the state increased the possession limits for marijuana (cannabis). 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.

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, the medical cannabis program, 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.

Nevada Marijuana Laws: How They Work

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, which became legal after AB 341 became law in June 2021. The first two to open are in Las Vegas.

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.

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.

While possession of a legal amount of marijuana is legal in Nevada, it's still a Schedule I drug in the Controlled Substances Act (CSA). 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, but as of September 2024, nothing has changed.

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 on criminal records.

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

Licensed cultivators are responsible for a 15% wholesale excise tax. The Nevada state sales tax of 10% applies to all retail sales.

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.

Nevada Medical Marijuana Laws

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

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:

  • AIDS/HIV complications
  • Anxiety disorders
  • Glaucoma
  • Autism spectrum disorder
  • Autoimmune diseases
  • Anorexia nervosa
  • Cancer
  • Opioid dependence/addiction
  • Glaucoma
  • Cachexia
  • Muscle spasms, including, without limitation, spasms caused by multiple sclerosis (MS)
  • Seizures/epilepsy
  • Nausea
  • Severe or chronic pain
  • Neuropathic conditions

This can be telemedicine or an in-person visit. If your condition is not listed, speak to your physician or contact the MMCR.

Once you have the recommendation, you can apply through the MMCR portal or by mail. If you file online, you'll get a temporary medical marijuana card to allow you to buy medical marijuana before your actual card arrives.

MMCR patients can have up to 2.5 ounces of usable cannabis, 0.25 ounces of cannabis concentrate, or the equivalent in cannabis products such as vapes, edibles, and topicals. Any combination of the above must stay under the possession limit. Edibles cannot have more than 10 milligrams of THC (tetrahydrocannabinol) per serving and 100 milligrams per container.

Patients can also cultivate, process, and use the product from up to 12 cannabis plants at a time in their private homes. Plants must be in a locked room and not visible to the public. Growers must be at least 25 miles from the nearest marijuana dispensaries. The state can waive this rule if the patient suffers economic hardship, lacks transportation, or is growing a strain not available at dispensaries within that range.

While MMCR patients have to pay the Nevada sales tax on purchases, they are exempt from the 10% marijuana retail tax.

Nevada Adult-Use Recreational Cannabis Laws

Ballot Question 2 in 2016 allowed Nevada voters to pave the way for the recreational use of marijuana to be available in 2017. The Cannabis Compliance Board (CCB) manages adult-use marijuana.

Much like MMCR patients, adult recreational marijuana users have a possession limit of either:

  • 2.5 ounces of usable cannabis
  • 0.25 ounces of cannabis concentrate
  • The equivalent in cannabis products such as vapes, edibles, and topicals

Any combination must be under the possession limit. Edibles can't have more than 10 milligrams of THC (tetrahydrocannabinol) per serving and 100 milligrams per container.

Any adult over 21 can cultivate, process, and use the product from up to six cannabis plants grown in their homes. If there are two or more adults in the homes, they may grow up to 12 marijuana plants. All cultivation must be in a locked room that the public can't see from a public place. You can't grow plants if the home is within 25 miles of a licensed marijuana distributor.

Besides the Nevada state sales tax, recreational use purchases are subject to a 10% cannabis excise tax.

Nevada Marijuana Law Penalties

The table below recaps what we've discussed and gives a detailed look at the penalties for violating Nevada marijuana laws.

Relevant Nevada marijuana laws

Nevada Revised Statutes — Title 56:

Nevada Cannabis Compliance Board (CCB)
Is marijuana legal in Nevada?
  • Medical marijuana and adult-use recreational marijuana are legal in Nevada. Adult-use recreational marijuana is only legal for those 21 or older.
  • It is illegal to use cannabis in public except for in licensed consumption lounges. The penalty for use in public is a misdemeanor with a fine of up to $600.
  • It is illegal for anyone in a moving vehicle to use cannabis.
Nevada marijuana possession limits and penalties

Adults over 21 may have up to 2.5 ounces of marijuana or 1/4 ounce of cannabis concentrate.

Those under 21 possessing 2.5 ounces of marijuana or less are subject to community service or drug education programs.

Penalties for possession of marijuana:

  • Possession of 1 ounce or less by person under 21 (misdemeanor): up to 24 hours community service; education program; and evaluation for treatment
  • Possession of more than 1 ounce when under 21 or more than 2.5 ounces when 21 and older but less than 50 pounds (E felony): up to $5,000 fine and one to four years in prison *
  • Possession of 50 pounds or more but less than 1,000 pounds (C felony): up to $25,000 fine and one to five years in prison
  • Possession of 1,000 pounds or more but less than 5,000 pounds (B felony): up to $50,000 fine and two to 10 years in prison
  • Possession of 5,000 pounds or more (A felony): up to $200,000 fine and life in prison or 15 years

* under most circumstances, probation will be granted in cases involving an E felony.
Nevada marijuana home cultivation limits and penalties

Adults over 21 may cultivate up to six cannabis plants for recreational use in their homes if 25 miles or more from a licensed cannabis establishment. If there are two or more adults in the home, the limit is 12 cannabis plants.

Medical marijuana patients have certain protections and can ignore the 25-mile buffer if they are suffering economic hardship or lack transportation.

Penalties for Illegal Cultivation:

  • Cultivate plants within 25 miles of a retail distributor or in public view or not on property you possess or have consent to use — first offense (misdemeanor) up to $600 fine; second offense (misdemeanor) up to $1,000 fine; third offense (gross misdemeanor) up to $2,000 fine and/or 364 days in jail; fourth or greater offense (E felony) up to $5,000 fine and one to four years in prison
  • Cultivate more than 12 plants in a household (E felony): Up to $5,000 fine and one to four years in prison
  • Possess by weight, 50 pounds or more but less than 1,000 pounds (C felony): up to $25,000 fine and/or one to five years in prison
  • Possess by weight, 1,000 pounds or more but less than 5,000 pounds (B felony): up to $50,000 fine and two to 10 years in prison
  • Possess by weight, 5,000 pounds or more (A felony): up to $200,000 fine and life in prison or 15 years
Nevada marijuana illegal sales penalties

All marijuana sales in Nevada not conducted in a licensed cannabis dispensary or a cannabis consumption lounge are illegal and subject to penalty. Sharing or gifting of a legal amount of cannabis without remuneration is allowed between qualified adults. Penalties for Cannabis Sales:

  • Illegal sale or offer of sale — First offense (C felony): up to $5,000 fine and one to five years in prison
  • Illegal sale or offer of sale — Second offense (B felony): up to $20,000 fine and two to 10 years in prison
  • Illegal sale or offer of sale — Third or greater offense (B felony): up to $20,000 fine and three to 15 years in prison
  • Possession with intent to sell — First offense (D felony): up to $5,000 fine and one to four years in prison
  • Possession with intent to sell — Second offense (C felony): up to $10,000 fine and one to five years in prison
  • Possession with intent to sell — Third or greater offense (B felony): up to $20,000 fine and three to 15 years in prison
  • Trafficking 50 or more pounds but less than 1,000 pounds (C felony): up to $25,000 fine and one to five years in prison
  • Trafficking 1,000 pounds or more but less than 5,000 pounds (B felony): up to $50,000 fine and two to 10 years in prison
  • Trafficking 5,000 pounds or more (A felony): up to $200,000 fine and life sentence or 15 years in prison

Sales to minors can be Class A felonies. Also, violations on or near grounds of a school, playground, public park, public pool, youth recreation center or arcade, school bus, or college campus may bring doubled penalties.

Note: State laws are always subject to change through the passage of new legislation and rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct independent legal research to verify the status of any Nevada state laws you are reviewing.

Nevada Marijuana Laws: Related Resources

Facing Marijuana Charges? A Nevada Attorney Can Help

With the changes in Nevada law and the continuing tension between state and federal marijuana laws, it's important to have reliable information. An expert criminal defense attorney can offer you legal advice and advocate on your behalf if you face criminal charges.

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