Is Marijuana Legal in Nevada?

Yes, both recreational and medical marijuana are legal in Nevada.

Legislation history

Nevada marijuana legalization began when voters passed the Medical Use of Marijuana Act, or Question 9, in 2000. It legalized home cultivation of cannabis for medical use and created a patient registry system. However, medical marijuana sales in Nevada didn’t take place until 2015.

Legal recreational use followed when the Regulation and Taxation of Marijuana Act, or Question 2, was approved by voters in November, 2016. The Nevada recreational weed laws went into effect in July 2017, allowing adults 21 and older to purchase and consume cannabis for personal use. Before approval of Question 2, possession and consumption were reserved for medical cannabis patients suffering from serious health issues.

Where is it safe to purchase weed in Nevada?

Patients, caregivers, and adults 21 and older can purchase cannabis from licensed retailers or a Nevada dispensary. Recreational users pay a 10% excise tax. No one is allowed to purchase more than 1 ounce of cannabis at a time. 

Finding licensed dispensaries in Nevada

Adults over the age of 21 and medical marijuana cardholders can find licensed dispensaries in Nevada and search by major metro areas including Reno, Lake Tahoe, and Las Vegas. Many dispensaries in Nevada offer delivery and curbside pickup services in addition to storefront sales. 

Where is it safe to consume cannabis?

It is illegal to consume cannabis in any public space, therefore consumption must take place on private property, as long as the property owner has not prohibited it. Cannabis may not be used in any moving vehicle by the driver or passenger, and it is illegal to drive under the influence of marijuana.

Possessing cannabis

Adults 21 years and older can legally possess up to 1 ounce (28 grams) of cannabis edibles, flower, or topicals as well as 3.5 grams of marijuana concentrates. Adults can grow up to six plants per person and up to 12 plants per household, but only if they reside more than 25 miles from a state-licensed dispensary.

Medical marijuana patients and caregivers can possess up to 2.5 ounces (71 grams) of edibles, flower, concentrates, or topicals per two-week period. Patients may grow up to 12 plants for medicinal purposes.

Medical marijuana registry

The Nevada Department of Health and Human Services’ Division of Public and Behavioral Health (DPBH) administers the Medical Marijuana Patient Cardholder Registry. All patients who qualify for the program must have a recommendation from a certified physician in order to obtain medical marijuana in Nevada. Only patients who have been diagnosed with a chronic or debilitating medical condition in which the medical use of marijuana may mitigate the symptoms or effects of that condition will receive recommendations.

Can minors have marijuana?

No one under age 21 may possess weed in Nevada. The only exception is people with medical marijuana cards.

5.1. Penalties

It is a misdemeanor for underage people to hold themselves out as 21 to obtain weed. The punishment is up to $1,000 in fines and/or up to six months in jail.

It is also a misdemeanor for people under 21 to loiter in dispensaries. The punishment is a $500 fine.

It is a gross misdemeanor to knowingly provide cannabis to a minor under 18. The punishment is up to $2,000 in fines and/or up to 364 days in jail. If the minor is over 18 but under 21, knowingly providing pot is only a misdemeanor. The penalty is up to $1,000 in fines and/or up to six months in jail.

Qualifying conditions

• Addiction to opioids
• Anorexia
• Anxiety disorder
• Autism
• Autoimmune disease
• Cancer
• Cachexia, or wasting syndrome
• Glaucoma
• HIV/AIDS
• Neuropathic conditions
• Persistent muscle spasms, including those caused by multiple sclerosis
• Seizures, including those caused by epilepsy
• Severe nausea or pain
• Any other chronic or debilitating medical condition as classified by the DPBH, or upon the acceptance of a petition to add a condition to Nevada’s recognized list of conditions.

Patients can petition the Cannabis Compliance Board to add conditions. 

Application process

1. Register for the Medical Marijuana Program through the online registry.
2. Fill out the application.
3. Designate a primary caregiver, if necessary.
4. Obtain a physician’s signature for the application, certifying that the patient has been diagnosed with a chronic or debilitating medical condition.
5. Scan and submit the application along with a copy of a Nevada state identification card or driver’s license to show proof of permanent residency.
6. Pay the registration fee, which is $50 for one year or $100 for two years.

Is it legal to grow and cultivate cannabis?

Cultivating recreational weed is illegal with one exception. The grower must live more than 25 miles from a licensed dispensary.

People who do live more than 25 miles away may grow up to six marijuana plants. No household may have more than 12 plants total.

The plants must be located in an enclosed space such as a room, greenhouse, or closet. The space must have a lock or security apparatus. And the plants cannot be visible to the public. If the grower is not the property owner, the grower must get the owner’s permission.

Caregiver requirements

Patients in the registry who require assistance obtaining or using medical cannabis may designate one caregiver. Caregivers must be at least 18 years old and a permanent resident of Nevada. Caregivers must be designated as a primary caregiver by the patient and can only provide care for one patient at a time. They must also be the primary person who’s responsible for the person diagnosed with a chronic or debilitating medical condition. Approved caregivers can pick up their patients’ medical cannabis at a designated dispensary, and can possess, transport, and administer a patient’s medical marijuana after purchase. Caregivers cannot be medical cannabis users themselves.

Reciprocity

Dispensaries are authorized to sell to non-residents who have medical marijuana cards from their home state. DPBH keeps a list of states currently approved for medical cannabis reciprocity. 

Lab testing

All cannabis grown and processed in Nevada must be tested by an independent laboratory that will check for the following:

• Cannabinoids
• Foreign matter
• Heavy metals
• Microbes
• Moisture 
• Pesticides and other chemical residues
• Potency
• Solvents
• Terpenes

Frequently asked questions

According to Nevada cannabis laws, how many plants can you grow legally?

Adults can grow up to six plants per person and up to 12 plants per household, but only if they reside more than 25 miles from a state-licensed state dispensary. Medical marijuana patients and caregivers can grow up to 12 plants for medicinal purposes.

How strict are Nevada cannabis laws?

That depends on what you mean by strict. Cannabis is legal for adults 21 and older and for medical patients with a qualifying condition. Adults can legally possess up to 1 ounce (28 grams) of cannabis edibles, flower, or topicals as well as 3.5 grams of marijuana concentrates. They can also grow up to six plants per person and up to 12 plants per household, but only if they reside more than 25 miles from a state-licensed state dispensary.

Medical marijuana patients and caregivers can possess up to 2.5 ounces (71 grams) of edibles, flower, concentrates, or topicals per two-week period. Patients may grow up to 12 plants for medicinal purposes.