Nevada Cannabis Laws

Is cannabis legal in Nevada?

Cannabis is legal in Nevada for both medical and adult use.

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 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 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, 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."

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 (MS)
• 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 2 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 will need to create an account and download the Waiver and Acknowledgement Form. These will need to be emailed to us. Our physician will sign it 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 1 year card or $100 for a 2 year card.
4. Download a temporary letter of approval and receive your medical marijuana card – Once the application is complete, you can download a temporary letter of approval and buy your medical marijuana from a licensed dispensary immediately. You will receive your medical marijuana card in the mail in approximately 7-10 days. Please note that Leafwell will not be sending 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 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 at the Medical Marijuana Cardholder Reghistry.

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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
• US 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 fine) – just that you are protected by the state’s medical marijuana laws to some extent. It is wise to call the dispensary ahead if you are a medical cannabis patient from another state and you intend on purchasing 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 beholden to the visiting state’s medical marijuana laws, not the state that issued your card.

The following states accept out-of-state applications, allowing a visiting patient application 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 card holders 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.

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. 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 purchase cannabis. Only those with a legal license to sell cannabis can actually 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 any other such healthcare space is also illegal. Private members club 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 and generally keep consumption out of public view, and utilize discreet consumption methods wherever possible.