Cannabis Laws in Nevada Cannabis Laws

Medical Marijuana / Cannabis Laws in Nevada

• 2000 – Nevada Medical Marijuana Act Question 9

The proposed amendment would:

• Provide for a confidential registry of patients authorized to use the plant which would be available only to law enforcement officials;
• Would authorize 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 actually 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 Marijuana 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, as well as obtain and use marijuana paraphernalia.

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

Benefits of having a Medical Marijuana Card in a Recreational State Like Nevada

• Save money on taxes – medical patients pay 4.6% tax compared to 15% for recreational purchases
• Greater purchasing limits. Medical marijuana patients in Nevada can possess up to 2.5 ounces every 14 days, compared to 1 oz. flower, ⅓ oz. concentrate for recreational users
• Younger legal purchasing age – medical marijuana patients can be 18 years-old, recreational users must be 21 or over
• Medical patients have some growing rights if they live over 25 miles from a dispensary

Cannabis Laws and Children in Nevada

You must be aged 18 years-old or over in order to get a medical marijuana card for yourself. Those aged under 18 will need to apply as minors, and will need 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 card holders in Nevada. See here for Nevada’s MMJ caregiver rules in greater detail. You can login or start the registration process here.

There is no law specifying whether or not a child may consume medical cannabis on school grounds. All laws surrounding cannabis use anywhere near a school or school property prohibit it.

Cannabis Cultivation Laws 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

Cannabis and Employment Law in Nevada

Employers in Nevada can no longer utilize pre-employment drug tests for marijuana. Employers must reasonable accommodation for an employee’s need to utilize 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 and all of his or her 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.