Nevada Cannabis Laws

Nevada has legalized marijuana for both medical and recreational use.

In 2000, Nevada voters said “yes” to the Nevada Medical Marijuana Act, Question 9, which legalized the possession, cultivation, and use of medical marijuana for qualified patients. In addition to establishing cannabis quality and safety regulations, the passage of SB 374 in 2014 saw the development of 66 dispensaries and 200 cannabis production sites in Nevada. This bill also placed cultivation restrictions for cardholders and initiated reciprocity for nonresident medical cannabis patients.

Recreational marijuana was legalized when 54% of voters approved the Regulation and Taxation of Marijuana Act, Question 2, in 2016. Adults 21 years and older gained the right to purchase and consume marijuana for personal use. Home cultivation was also permitted for those who met certain criteria.

Marijuana Laws in Nevada

Marijuana is legal for medical and recreational use in Nevada. Each program is guided by rules and regulations to promote the lawful use, possession, and cultivation of cannabis.

Medical Cannabis Laws

Qualified patients with a state-issued medical cannabis card may purchase up to 2.5 ounces of cannabis or cannabis products every 14 days from a licensed dispensary. There’s no blanket rule permitting home cultivation, but some patients can legally grow marijuana depending on the location of their nearest dispensary. While there’s no age limit for medical marijuana patients, those under 18 must designate a primary caregiver to manage all healthcare decisions, including purchasing cannabis and managing medical cannabis use. A parent or legal guardian over 18 may apply as a caregiver.

Medical marijuana patients are permitted to drive under the influence of cannabis as long it does not interfere with their ability to do so safely. Those caught operating in a negligent or life-threatening manner may be punished per Nevada’s DUI laws.

Recreational Marijuana Laws

Adults 21 and over with a valid state ID can purchase and possess up to 2.5 ounces of cannabis flower and ¼ ounce of concentrated marijuana from a licensed dispensary. The same cultivation laws apply to recreational users: Adults may grow cannabis within their private homes depending on their location.

While Nevada is a fully legal marijuana state, consuming cannabis in public is prohibited, as is driving under the influence for non-medical patients. Passengers are also prohibited from using marijuana inside a moving vehicle. Penalties for violating state marijuana laws vary from a misdemeanor (with fines starting at $600) to a felony (with a minimum of 12 months jail time), depending on the severity of the offense.

Adult cannabis users are taxed at a higher rate than medical cannabis patients. Nevada imposes a 4.6% sales tax and a 10% excise tax on marijuana retail sales. To date, Nevada has generated over $150 million in tax revenue from recreational cannabis purchases, which is used to support public education, fund homeless initiatives, and cushion the state’s emergency fund.

CBD and Delta-8 Laws

Hemp-derived CBD containing less than 0.3% THC is legal in Nevada. Other hemp-derived or synthetic cannabinoids, such as delta-8 and delta-10, were once considered legal until the passage of SB 49, which prohibited the production, distribution, and sale of all THC isomers without express approval from the state’s Cannabis Compliance Board.

What to Know About About Medical Cannabis in Nevada

As a fully legal state, Nevada has developed a comprehensive set of guidelines and regulations to help residents understand the rights, responsibilities, and restrictions regarding cannabis use.

Certain Medical Conditions Qualify for Medical Cannabis

The following is a list of qualifying conditions for medical marijuana in Nevada:

• AIDS/HIV
• Anxiety disorders
• Autism spectrum disorder
• 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 or vomiting
• Painful peripheral neuropathy
• Neuropathic condition, whether or not such condition causes seizures
• Seizures, including, without limitation, seizures caused by epilepsy
• Severe or chronic pain

Telemedicine Is Allowed

You can get certified to receive a medical marijuana card online. If you’re ready to apply, Leafwell can get you approved in minutes. Contact one of our certified physicians today to get started.

Nevada Has Reciprocity Laws

Nevada offers reciprocity, which means licensed medical marijuana dispensaries will recognize valid medical marijuana cards from out of state. Current recreation laws also allow nonresidents with valid government-issued IDs to purchase and possess cannabis in Nevada. Below is a list of additional states that have reciprocity laws and adult-use programs:

• Arizona
• Arkansas *
• Hawaii *
• Louisiana
• Maine
• Michigan (at the dispensary’s discretion)
• New Hampshire
• New Jersey *
• New Mexico
• Oklahoma *
• Puerto Rico
• Rhode Island
• U.S. Virgin Islands *
• Utah * (up to two 21-day periods in a calendar year)
• Washington, D.C.

*Visitors must complete a visiting patient application with the state program.

States that have recreational cannabis for adults 21 and older but do not accept out-of-state cards include:

• Alaska
• California
• Colorado
• Connecticut
• Illinois
• Maryland
• Massachusetts
• Minnesota (currently only tribal dispensaries)
• Missouri
• Montana
• New York
• Oregon
• Vermont
• Washington

There Are Employment Protections for Cardholders

State law prohibits employers from refusing to hire or firing medical cannabis patients who test positive for marijuana. This rule is not applicable to prospective firefighters, emergency services technicians, or vehicle operators that are required by state or federal law to receive regular drug screening. According to Assembly Bill 132, employers must make reasonable accommodations for employees who use medical cannabis as long as these concessions do not:

1. Pose a threat of harm or danger to persons or property, or impose an undue hardship on the employer; or
2. Prohibit the employee from fulfilling any of their job responsibilities; or
3. Prohibit a law enforcement agency from adopting policies and procedures that preclude an employee from engaging in medical marijuana use

Unfortunately, there are no protections for non-medical users in Nevada. A failed drug test may result in termination for employees who use cannabis recreationally, even when consumed outside of working hours.

Can You Grow Cannabis in Nevada?

Nevada marijuana laws permit home cultivation for some medical cannabis patients and recreational consumers. Cardholders and adult consumers may grow their own cannabis if they live over 25 miles away from their nearest dispensary or cannot reasonably access marijuana from a dispensary. Recreational users may cultivate up to six mature marijuana plants per person, with a maximum of 12 per household, whereas patients may cultivate up to 12 plants per individual for medical use.

All plants must be on private property and situated out of public view within a room, closet, greenhouse, or another enclosed area. Plants must be secured by a lock or security device. The cultivator must own the property on which the plants are harvested or obtain written permission from the legal property owner.

The Bottom Line

Medical and recreational marijuana use are legal in the state of Nevada.

Medical cannabis patients may possess up to 2.5 ounces of cannabis or cannabis products every 14 days, and recreational users can possess up to 1 ounce of cannabis flower and ⅛ ounce of cannabis concentrate. Cultivation is permitted for residents who cannot reasonably access a licensed dispensary. Finally, Nevada permits the use of hemp-derived CBD, but synthetic isomers delta-8 and delta-10 have been prohibited.