Nevada Marijuana Laws

Nevada is not only about vibrant nightlife and large casinos. The Silver State is also one of the 19 states where marijuana is legal for medical and recreational use.

So, if you’re a resident or someone planning a visit and you’ve been wondering, is marijuana legal in Nevada? Or, is marijuana recreational in Nevada? Rest easy: you can buy and possess cannabis in Nevada if you’re aged 21 or more.

That said, legalization is not the end of every marijuana story.

What’s this other part, and why does it matter? Well, Nevada marijuana laws explain everything you need to know about cannabis in Nevada, including how to grow marijuanas in the Silver State. 

Medical Marijuana in Nevada: The Double Vote

Is medical marijuana legal in Nevada? Yes, marijuana is legal for medical use in Nevada.

Voters in the state voted in favor of medical marijuana twice consecutively because ballot initiatives that seek to amend the constitution need two consecutive majority votes to scale through.

In 1998, Nevada voters voted in favor of Question 9, the Medical Use of Marijuana act, with 59% of the vote, and increased the majority rate when they voted in favor of the measure again in 2000 with 65% of the vote.

Nevada officially legalized medical marijuana when Assembly Bill 453A passed in July 2001. It allowed patients with a qualifying medical condition and a physician’s recommendation to buy, possess and use medical marijuana.

The Division of Public and Behavioral Health (DPBH) at the Department of Health and Human Services (DHHS) is in charge of medical marijuana in Nevada. The DPBH issues medical marijuana cards and maintains a medical marijuana registry.

DPBH data shows that there are 12,903 active patient cardholders and 652 active caregiver cardholders as of July 2022.

Nevada Medical Marijuana Card

Why do you need a medical marijuana card? 

Nevada medical marijuanas laws state that “only persons with a qualifying debilitating medical condition, with a valid Nevada Medical Marijuana Registry card, are exempted from criminal laws of the state for engaging in the medical use of marijuana as justified to mitigate the symptoms or effects of the person’s debilitating medical condition.”

A qualifying condition only makes you eligible to apply for a medical marijuana card; it does not authorize you to buy medical marijuana. To obtain a medical marijuana card, you have to apply to the DPBH.

An application does not guarantee that you will receive a medical marijuana card.

The DPBH can refuse your application for any of the following reasons:

• • Failure to provide the required information
  • The failure to establish the qualifying medical condition
  • Failure to document the consultation with an attending physician regarding the medical use of marijuana in connection with the qualifying medical condition
  • Failure to comply with the regulations adopted by the DPBH
  • The DHHS determines that you provided false information
  • The DPBH determines that your attending physician is not licensed to practice medicine in this state or is not in good standing, as reported by the Board of Medical Examiners
  • DPBH determines that you or your designated primary caregiver, if applicable, has been convicted of knowingly or intentionally selling a controlled substance
  • The DPBH has previously prohibited you from obtaining or using a registry identification card.
  • In the case of a person under 18 years of age, the custodial parent or legal guardian with responsibility for health care decisions for the person has not signed the written statement required

Fortunately, Elevate Holistics knows all about medical marijuana card applications in Nevada, and we can help you get it done in three easy steps.

Click here for detailed information on how we can help you get a Nevada medical marijuana card.

Is Marijuana Recreational in Nevada?

Yes, adult-use marijuana is legal in Nevada, meaning adults aged 21 and older can buy a specified quantity of marijuana for personal use.   

Assembly Bill 453A, which legalized medical marijuana, contained a provision that reduced the penalty for possessing small amounts of marijuana.

Before that provision, possession of any amount of marijuana was a felony. After lawmakers passed Assembly Bill 453A in 2001, possession of up to one ounce of marijuana became a misdemeanor punishable by only a fine. 

Voters attempted to legalize recreational marijuana in 2002, but the measure garnered only 39% of the vote. Another voter initiative to legalize recreational marijuana failed in 2006 after only 44% of voters approved it.

Nevada finally legalized recreational marijuana in 2016 when Question 2, the Initiative to Regulate and Tax Marijuana, passed with a 54% vote.

On 1 January 2017, it became legal for adults 21 and over to possess up to one ounce of marijuana and grow up to six plants if they live more than 25 miles from a dispensary. 

Nevada Marijuana Laws

Even after we’ve answered that salient question: is marijuana recreational in Nevada? We still have to talk about the laws surrounding marijuana in Nevada.

The laws are crucial because even though cannabis is legal, you can still unwittingly commit marijuana crimes if you don’t know the law. Even medical marijuana patients can commit marijuana crimes. 

Nevada marijuana law states, “Issuance of a Nevada Medical Marijuana Registry card does not exempt the holder from prosecution under the state or federal laws that apply to marijuana and is not recognized by the federal government.”

So, what are the dos and don’ts of cannabis in Nevada? Let’s dive right in. 

How Much Marijuana Can I Possess in Nevada?

The possession limit is one of the very important laws. Marijuana is legal, but that doesn’t mean you can have as much as you want. 

Adults 21 and older can possess up to one ounce of cannabis or 3.5grams of concentrated cannabis. If you possess cannabis above the legal limit, you’ll face the consequences.

Possession of more than one ounce is a misdemeanor punishable by a $600 fine, and a second offense is a misdemeanor punishable by a $1000 fine. 

Medical marijuana patients enjoy a higher possession limit – they can buy up to 2.5 ounces of marijuana every fourteen days. 

Where Can I Buy Marijuana in Nevada?

The Nevada Cannabis Compliance Board (CCB) states that “the only legal way to buy cannabis in Nevada is from a state-licensed retail store. It is illegal to buy cannabis from any other source.”

Marijuana laws in Nevada do not protect you if you buy from unlicensed sources. 

Nevada DUI Laws

DUI law under the marijuana laws in Nevada states that a person is under the influence of marijuana if the drug has impaired their ability to drive safely.

The law does not specify a legal limit for marijuana in your system. Consequently, if the police suspect your driving is impaired, they can pull you over and administer tests to determine if you are driving under the influence of marijuana.

The CCB states that “driving under the influence of cannabis is illegal and dangerous. Any amount of cannabis consumption puts you at risk of driving impaired.”

Even if you consume medical marijuana to manage a qualifying condition and the marijuana impairs your driving, you can face the following consequences:

• • A first-time DUI offense is a misdemeanor that attracts two days to six months in jail, or up to 96 hours of community service in place of jail time, $400 to $1000 in fines, and you must complete a course on the abuse of alcohol and controlled substances at your own expense.
  • A second DUI offense within seven years is a misdemeanor punishable by ten days to six months in jail, $750 to $1000 in fines, and attendance at a drug abuse program.
  • A third and subsequent offense within seven years is a Class B felony punishable by one to six years in prison and $2000 to $5000 in fines.  

Is CBD legal in Nevada?

Yes, hemp-derived CBD is legal in Nevada if it contains no more than 0.3% CBD, according to the terms of the 2018 Farm Bill.

You can find CBD oil in licensed marijuana stores in Nevada, but don’t expect to find CBD edibles in stores. Nevada prohibits CBD-infused foods. 

What is the Age Limit for Cannabis in Nevada?

Medical marijuana patients have no age limits, but minors can only buy marijuana via their caregivers.

On the other hand, you must be aged at least 21 to buy recreational marijuana.

People younger than 21 who provide false information about their age to buy marijuana from a licensed cannabis establishment face a $500 fine. 

Can You Grow Weed in Nevada?

More than half of the states that have legalized marijuana for medical or adult use allow home growing, and Nevada is one of those states.

But how much weed can you grow in Nevada? 

Nevada Weed Growing Laws

Medical marijuana patients can grow up to twelve plants at home if:

• • They don’t live within 25 miles of a licensed dispensary
  • They cannot visit a dispensary due to illness or lack of transportation.
  • The dispensaries within 25 miles of where they live don’t have the marijuana strain they need for their medication.
  • No dispensary was operating within 25 miles of their residence when they first applied for a registry card.  

Adults 21 and older can grow marijuana in Nevada only if there’s no state-licensed retail cannabis store within 25 miles of their home.

To grow cannabis in Nevada, you must abide by the following rules:

• • You can grow up to six but only twelve plants per household, no matter how many people aged at least 21 in the house.
  • You must grow your plants in a secure, enclosed area 
  • Your plants must not be visible to the public
  • You must be the owner of the property on which you grow your plants or obtain permission from the owner.

You risk stringent penalties if you grow more plants than Nevada marijuana laws allow. For instance, growing up to 12 plants or more is a felony with a penalty of up to four years in jail and a $5000 fine. 

Can Patients Have Caregivers in Nevada?

Thanks to marijuana laws in Nevada, patients can have caregivers. So, if you’re ill or incapacitated and need help buying and using medical marijuana, a caregiver can do that for you.

However, marijuana laws in Nevada specify the following rules for caregivers:

• • Must be over the age of 18
  • A minor’s caregiver must be their parent or legal guardian.
  • Patients can have only one caregiver
  • A caregiver can serve only one patient
  • A patient cannot act as a caregiver to another patient 

Where Can I Consume Marijuana in Nevada?

You can’t consume cannabis in public or in a moving vehicle, even if you’re a passenger. 

According to the CCB, “Cannabis can only be consumed on private property (at home, for example), and as long as the property owner has not prohibited it.”

So, if your landlord prohibits cannabis use, you must comply because doing otherwise will be breaking your tenancy agreement.

In addition, remember that marijuana is still illegal federally, so don’t consume marijuana on any federal property in Nevada.

Does Nevada Have Reciprocity?

If you’re an out-of-state patient visiting Nevada, you’re in luck.

Nevada recognizes all out-of-state medical marijuana cards, so you can use your card to purchase marijuana at licensed dispensaries. 

Marijuana Dispensaries in Nevada

There are several licensed dispensaries located in different areas of Nevada, and these dispensaries are usually medical, adult, or medical and adult-use.

In addition, dispensaries in Nevada can deliver cannabis and offer curbside pick-up to patients and adult-use buyers.

However, if you visit a dispensary to purchase medical marijuana, you must have your Nevada marijuana card, while recreational users must have a valid ID proving they are at least 21.

You can use any of the following means of identification:

• • Driver’s license or instruction permit issued by Nevada or any other state or territory of the United States.
  • An identification card issued by Nevada or any other state or territory of the United States for the purpose of proof of age of the holder of the card.
  • United States military identification card.
  • A Merchant Mariner Credential or similar document issued by the United States Coast Guard.
  • A passport issued by or recognized by the United States Government or a permanent resident card issued by the United States Citizenship and Immigration Services of the Board of Homeland Security.
  • A tribal identification card issued by a tribal government.

Click here for a list of all licensed Nevada dispensaries. 

Understanding Marijuana in Nevada: Elevate Holistics is Your Expert Guide

Is marijuana legal in Nevada? Is marijuana recreational in Nevada? Yes, and yes, marijuana is legal for both medical and recreational use in Nevada. 

However, as we’ve also explained, knowing if a state has legalized weed is not the only information you need – understanding the laws is also crucial.

Your cannabis journey is much easier when you have access to adequate information and a trusted source that can help you handle the hassles and allow you to concentrate on enjoying the healthful benefits of marijuana.

Elevate Holistics’ complete marijuana service is available to make things easy for you. We have in-house experts who can consult with you and answer all your canna-questions.