Nevada Marijuana Laws

Nevada allows medicinal and recreational use of marijuana by adults 21 and older—though public consumption is illegal. Possession of up to one ounce and 3.5 grams of concentrates is permitted under law, and residents who live at least 25 miles from a dispensary can grow up to six plants.

Nevada marijuana laws
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ALL NEVADA NEWS

LAW BREAKDOWN

LAW BREAKDOWNS

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.

Offense Penalty Incarceration Max. Fine
Up to 1 oz No penalty None $ 0
More than 1 oz Misdemeanor N/A $ 600
Possession or use in public Misdemeanor NA $ 600

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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. Unlicensed distribution of 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.

Offense Penalty Incarceration Max. Fine
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      

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Cultivation

Growing cannabis is permitted in Nevada for people who live more than 25 miles from a marijuana dispensary, eliminating a large proportion of the state’s population. Those that qualify can legally cultivate up to 6 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.”

Cultivation of more than 6 plants by an individual 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.

Offense Penalty Incarceration Max. Fine
More than 6 plants 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

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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.

Offense Penalty Incarceration Max. Fine
Up to 3.5 g No Penalty None $ 0

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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.

Offense Penalty Incarceration Max. Fine
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

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Civil Asset Forfeiture

Vehicles and other property may be seized.

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Miscellaneous

Offense Penalty Incarceration Max. Fine
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

Medical Marijuana

MEDICAL MARIJUANA

The medicinal use of marijuana was legalized in Nevada 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:

  • Anorexia
  • Anxiety disorders
  • Autism spectrum disorders
  • Autoimmune disorders
  • AIDS / HIV
  • Cachexia
  • Cancer
  • Chronic pain
  • Glaucoma
  • Opioid dependency
  • Muscle spasms or seizures
  • Post-traumatic stress disorder (PTSD)
  • Neuropathic conditions (whether or not the condition causes seizures)
  • Severe nausea or pain
  • Other conditions are subject to approval

PATIENT POSSESSION LIMITS:
Two and a half ounces of usable marijuana, and/or a maximum amount of edible or infused products as regulated by state regulations.

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

Marijuana Attorney Directory

Nevada Marijuana Attorneys

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