Nevada Cannabis Laws

Offense Penalty Incarceration   Max. Fine

Possession

Personal Use

Up to 1 oz No Penalty None $ 0
More than 1 oz Misdemeanor N/A $ 600
Possession or use in public Misdemeanor N/A $ 600

Sale or Delivery

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

Cultivation

12 plants or more 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

Hash & Concentrates

Up to 3.5 g No Penalty None $ 0
Possession of greater quantities incur criminal penalties.

Paraphernalia

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

Civil Asset Forfeiture

Vehicles and other property may be seized.

Miscellaneous

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

Penalty Details

Marijuana is a Schedule I hallucinogenic substance under rule by the Nevada State Board of Pharmacy as authorized by the Nevada Uniform Controlled Substances Act.

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Possession for Personal Use

Fifty-five percent of Nevada voters approved Question 2 in November 2016, which permits adults who are not participating in the state’s medical cannabis program to legally possess personal use quantities of cannabis (up to one ounce and/or up to 3.5 grams of concentrate). Under the law, adults may also grow up to six marijuana plants, and they may possess all of the harvest from those plants, if they reside 25 miles or more away from an operating marijuana retailer. Public use/display of marijuana is still subject to civil penalties. The law took effect on January 1, 2017.

The possession of greater quantities of marijuana remains subject to criminal penalties.

Possession or use of marijuana in public is a criminal misdemeanor, punishable by a maximum fine of $600.

Sale/Delivery

Sale or delivery of less than 100 pounds of marijuana is a category D felony punishable by a minimum of 1 and maximum of 4 years imprisonment and fine up to $5,000 for the first offense. A second offense is a category C felony punishable by a minimum of 1 and maximum of 5 years imprisonment and fine up to $10,000. A third or subsequent offense is a category B felony punishable by a minimum of 3 and maximum of 15 years imprisonment and a fine up to $20,000. Sale or delivery of 100 pounds or more but less than 2,000 pounds of marijuana is a category C felony punishable by a minimum of 1 year and maximum of 5 years imprisonment and a fine up to $25,000. Sale or delivery of 2,000 pounds or more but less than 10,000 pounds is a category B felony punishable by a minimum of 2 years and maximum of 10 years imprisonment and a fine up to $50,000. Sale or delivery of 10,000 pounds or more is a category A felony punishable by life with the possibility of parole after a minimum of 5 years has been served, or for a definite term of 15 years with possibility for parole after a minimum of 5 years has been served, and a fine up to $200,000.

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Selling marijuana to a minor is a category A felony punishable by life with the possibility of parole after a minimum of 5 years has been served, or for a definite term of 15 years with possibility for parole after a minimum of 5 years has been served, and a fine up to $20,000. The person may additionally be responsible for paying for the costs of the minor’s drug treatment costs.

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Cultivation

Question 2 permits adults who are not participating in the state’s medical cannabis program to legally grow up to six marijuana plants, and to possess all of the harvest from those plants, if they reside 25 miles or more away from an operating marijuana retailer. No residence may have more than 12 plants at any one time. The law took effect on January 1, 2017.

Cultivation of 12 plants or more is a category E felony punishable by a minimum of 1 year and maximum of 4 years imprisonment and a fine up to $5,000.

Cultivation of 100 pounds or more but less than 2,000 pounds of marijuana is a category C felony punishable by a minimum of 1 year and maximum of 5 years imprisonment and a fine up to $25,000. Cultivation of 2,000 pounds or more but less than 10,000 pounds is a category B felony punishable by a minimum of 2 years and maximum of 10 years imprisonment and a fine up to $50,000. Cultivation of 10,000 pounds or more is a category A felony punishable by up to life imprisonment and a fine up to $200,000.

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Hash & Concentrates

Question 2 permits adults who are not participating in the state’s medical cannabis program to legally possess up to 3.5 grams of concentrate. Possession of greater quantities is subject to criminal penalties.

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Paraphernalia

Question 2 permits adults to manufacture, possess, use, transport, or purchase marijuana paraphernalia, or to distribute or sell marijuana paraphernalia to a person who is 21 years of age or older.

Sale or delivery of paraphernalia to a minor by an individual aged 18 years or older who is at least 3 years older than the minor is a category C felony punishable by minimum of 1 year and maximum of 5 years imprisonment and a fine up to $10,000. The offender may also be ordered to pay restitution to the minor for treatment costs.

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Sentencing

The court may suspend proceedings against persons who are charged with first time possession or use offenses after a finding of guilty and instead impose conditional probation which will include either a drug education or treatment program. Upon successful completion of the terms of the probation, the proceedings against the defendant will be dismissed.

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First time offenders may be eligible for probation, but probation is generally not allowed for second or subsequent offenses.

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Misdemeanor sentences may be replaced in part or whole by community service.

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Forfeiture

Vehicles and other property may be seized for controlled substance violations. The state has 60 days after seizure to file a forfeiture proceeding. They must notify all those who have an interest in the property. A person with an interest in the property must file a response within 20 days of service.

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Miscellaneous

Knowingly maintaining a structure used for drug offenses

Opening or maintaining a place for the purpose of selling, giving away, or using marijuana is a category B felony punishable by a minimum of 1 year and maximum of 6 years imprisonment and a fine up to $10,000. A second offense of this type or a first offense of this type if the offender had a previous drug-related felony is a category B felony punishable by a minimum of 2 years and maximum of 10 years imprisonment and a fine up to $20,000.

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Controlled substances homicide

If marijuana proximately causes the death of a person, the person who delivered the marijuana to him may be guilty of murder.

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Civil penalties

The state of Nevada is entitled to civil penalties recoverable from certain marijuana offenders. If the amount involved was 100 pounds or more but less than 2,000 pounds, the state is entitled up to $350,000. If the amount was 2,000 pounds or more but less than 10,000 pounds, the state is entitled up to $700,000. If the amount was 10,000 pounds or more, the state is entitled to $1,000,000.

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Driver’s license suspension

If a child is adjudicated delinquent for the unlawful act of using, possessing, selling or distributing a controlled substance… the juvenile court shall: (a) if the child possesses a driver’s license, issue an order suspending the driver’s license of the child for at least 90 days but not more than 2 years.

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CONDITIONAL RELEASE

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual’s criminal record does not reflect the charge.

DRUGGED DRIVING

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

HEMP

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML’s Industrial Use section.

LEGALIZATION
SUMMARY

Fifty-five percent of Nevada voters approved Question 2 permits adults who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants) and to possess personal use quantities of cannabis (up to one ounce of flower and/or up to 3.5 grams of concentrates) while also licensing commercial cannabis production and retail sales. (Home cultivation is not permitted if one’s residence is within 25 miles of an operating marijuana retailer.) Commercial marijuana production is subject to a 15 percent excise tax, much of which is earmarked to the State Distributive School Account.

The new law takes effect on January 1, 2017. Regulations governing commercial marijuana activities must be in place by January 1, 2018.

INFORMATION

https://www.regulatemarijuanainnevada.org/full-initiative-text/

MANDATORY MINIMUM SENTENCE

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence with no chance of parole.

MEDICAL MARIJUANA
QUALIFYING CONDITIONS
  • AIDS
  • Cachexia
  • Cancer
  • Glaucoma
  • Post-traumatic stress disorder (PTSD)
  • Persistent muscle spasms or seizures
  • Severe nausea or pain
  • Other conditions are subject to approval
PATIENT POSSESSION LIMITS

Two and one-half ounces and/or a maximum allowable quantity of edible marijuana products and marijuana-infused products as established by regulation of the Division

HOME CULTIVATION

Yes, twelve mature plants. Limits on home cultivation if patients reside within 25-miles of an operating dispensary. However, patients who are cultivating specific strains of cannabis not provided by a local dispensary may continue to engage in the home cultivation of such strains. Patients who have an established history of cultivating medical cannabis prior to July 1, 2013, also may continue to do so until March 31, 2016.

STATE-LICENSED DISPENSARIES ALLOWED

Yes

STATE-LICENSED DISPENSARIES OPERATIONAL

Yes

MEDICAL MARIJUANA STATUTES
  • Nev. Rev. Stat. §§ 453A.010 – 453A.240 (2008)
  • Nev. Rev. Stat. Ann. §§435A.080(1)(a), (2); 435A.250(2) (2008)
CAREGIVERS

Yes, designated primary caregiver is a person who has significant responsibility for managing the well-being of a person diagnosed with a chronic or debilitating medical condition. Caregiver does not include the attending physician. The caregiver must be 18 years of age or older. Patients may only have one designated primary caregiver.

ESTIMATED NUMBER OF REGISTERED PATIENTS
RECIPROCITY

Yes

CONTACT INFORMATION

Nevada Division of Public and Behavioral Health (DPBH)
http://dpbh.nv.gov/Reg/Medical_Marijuana/

TAX STAMPS

This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction.

Thank you, NORML.ORG for this comprehensive look at Nevada’s cannabis laws.