Nevada Cannabis Laws

Is marijuana legal in Nevada?

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

What are the medical marijuana laws in Nevada?

Medical cannabis laws in Nevada

2000

Nevada Medical Marijuana Act Question 9

The proposed amendment would:

• Provide a confidential registry of patients authorized to use the plant, which would be available only to law enforcement officials;
• Would approve appropriate methods of supply to authorized patients; and
• Would protect plant and property related to the plant’s use from forfeiture except on conviction or a guilty or nolo contendere plea of unauthorized possession or use.
• Nevada legalized medical cannabis in 1998, but the initiative was required to pass in two consecutive elections because it sought to amend the State Constitution of Nevada.

Recreational cannabis laws in Nevada

2001

Assembly Bill 453 (AB 453) contained a provision to make possession of up to one ounce a fine-only misdemeanor, only resulting in criminal charges for a third offense.

2016

Nevada Question 2 Regulation and Taxation of Marijuana Act

“This ballot measure proposes to amend the Nevada Revised Statutes to make it lawful for a person 21 years of age or older to purchase and consume one ounce or less of marijuana other than concentrated marijuana, or one-eighth of an ounce or less of concentrated marijuana. It would also make it lawful for a person 21 years of age or older to cultivate not more than six marijuana plants for personal use and obtain and use marijuana paraphernalia.

The ballot measure would also allow for the operation of marijuana establishments, which the Department of Taxation would regulate. Regulated marijuana establishments would include marijuana cultivation facilities, marijuana testing facilities, marijuana product manufacturing facilities, marijuana distributors, and retail marijuana stores.”

What medical conditions qualify for a Medical Marijuana Card in Nevada?

The Nevada law lists the following medical conditions as qualifiers for a medical cannabis card:

• AIDS/HIV
• An anxiety disorder
• An autism spectrum disorder
• An autoimmune disease
• Anorexia nervosa
• Cachexia
• Cancer
• Dependence upon or addiction to opioids
• Glaucoma
• Muscle spasms, including, without limitation, spasms caused by multiple sclerosis (M.S.)
• Nausea
• Neuropathic condition, whether or not such condition causes seizures
• Seizures, including, without limitation, seizures caused by epilepsy
• Severe or chronic pain

How do I get certified for medical cannabis in Nevada?

With Leafwell, you can get your Nevada Medical Marijuana Card in 4 simple steps:

1. Register online with Leafwell – You can speak to a doctor and qualify for a Nevada medical marijuana card online. The cost of the online consultation for a two-year certificate is $99. You are only billed if approved. If approved, the physician will sign the Waiver and Acknowledgement Forms which you must send to us.
2. Create an account on the government website – You must create an account and download the Waiver and Acknowledgement Form. These will need to be emailed to us, and our physician will sign them and return the documents within 48 hours.
3. Complete the Application on the government website – Upload the signed Waiver and Acknowledgement Forms to your account on the government website and pay either $50 for a one-year card or $100 for a two-year card.
4. Download a temporary letter of approval and receive your medical marijuana card. Once the application is complete, you can immediately download a temporary letter of approval and buy your medical marijuana from a licensed dispensary. You will receive your medical marijuana card in the mail in approximately 7-10 days. Please note that Leafwell will not send you a card – this is the state’s work! Your certificate will be valid for one year or two years, depending on what you selected from the date of issue.

You must be 18 years old or over to get a medical marijuana card. Those under 18 will need to apply as minors and require a caregiver. Caregivers must be aged 18 or over. An applicant can only have one caregiver, and a caregiver can only provide for one cardholder. Caregivers cannot be medical marijuana cardholders in Nevada. See here for Nevada’s MMJ caregiver rules in greater detail. You can log in or start registration here at the Medical Marijuana Cardholder Registry.

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Is telemedicine allowed for medical cannabis consultations in Nevada?

Yes, telemedicine is legal in Nevada, and you can get certified for cannabis online.

How much cannabis can I possess in Nevada with an MMJ Card?

• 2.5 oz. Every 14 days for medical patients.
• 1 oz. flower or ⅓ oz. concentrate for recreational users.

Is it legal to grow cannabis in Nevada?

• For medical card holders = If the patient lives over 25 miles away from their nearest dispensary or if what they need is not available at the dispensary, they may grow cannabis for themselves. Up to 12 plants may be cultivated.
• For recreational users = Illegal

Does Nevada accept out-of-state cards?

Nevada recognizes medical marijuana cards from other states. Nevada allows for medical marijuana reciprocity.

Will my Nevada card be accepted in other states?

A medical marijuana card issued by the state of Nevada is recognized by other states with medical marijuana reciprocity laws.

The following states accept or recognize out-of-state medical marijuana cards:

• Arizona
• Maine
• Massachusetts
• Michigan
• Montana
• New Hampshire
• New Jersey
• New Mexico
• Oklahoma
• Puerto Rico
• Rhode Island
• U.S. Virgin Islands
• Utah
• Washington, D.C.

However, this does not always mean you can purchase cannabis at a medical marijuana dispensary (non-medical adult use is acceptable) – just that the state’s medical marijuana laws protect you to some extent. It is wise to call the dispensary ahead if you are a medical cannabis patient from another state and intend to purchase medical marijuana.

The qualifying condition usually has to match between states, so if your qualifying condition is accepted in one state and not your visiting state, your recommendation is not necessarily valid. You are also accountable to the visiting state’s medical marijuana laws, not the state that issued your card.

The following states accept out-of-state applications, allowing visiting patients to use medical cannabis for the duration of their stay:

• Arkansas
• California
• Hawaii
• West Virginia (cancer patients only)

Are there employment laws protecting medical cannabis cardholders in Nevada?

Employers in Nevada can no longer utilize pre-employment drug tests for marijuana. Employers must make reasonable accommodations for an employee’s need to use medical cannabis, as long as the accommodation would not:

(a) Pose a threat of harm or danger to persons or property or impose an undue hardship on the employer; or

(b) Prohibit the employee from fulfilling any of their job responsibilities.

(c) Prohibit a law enforcement agency from adopting policies and procedures that preclude an employee from engaging in the medical use of marijuana.

This is according to Assembly Bill 132 (2019).

What are the medical cannabis product testing requirements in Nevada?

Third-party labs test for arsenic, lead, cadmium, and mercury under the “heavy metals” label. Cannabinoid content and contaminants are also tested for, and yeast and molds are, too. Medical marijuana in Nevada is tested by third-party labs, which are self-policed.

Where is it safe to purchase cannabis in Nevada?

In all states with a medical marijuana program, the only way to purchase medicinal cannabis products is via a legally-licensed dispensary or pharmacy or another legally designated space to buy cannabis. Only those with a legal license to sell cannabis can do so.

Where is it safe to consume marijuana in Nevada?

All states with a medical marijuana program have some restrictions on where a person can legally use cannabis. Near schools, nurseries, parks, or other places where children are expected to be, using cannabis is illegal. Use of cannabis on or in federal land or buildings, hospitals, or other such healthcare space is also illegal. Private members’ clubs and landowners may also prohibit cannabis use on their property or restrict it at their discretion.

The safest place to use medical cannabis is in the safety of your own home. It is wise to use common sense, generally keep consumption out of public view, and utilize discreet consumption methods wherever possible.