Iftikhar Alam
Author
Reviewed by Cannabis Experts
Published on: March 1, 2021 | Updated on: November 16, 2024
Table of contents
- Legislation History
- How to Get a Medical Cannabis License
- Where to Purchase Weed in Nevada
- How Much Does Weed Cost in Nevada?
- How to Grow Weed Adhering to Nevada Cannabis Laws
- Is DUI of Marijuana a Crime?
- Nevada Cannabis Laws: Reciprocity
- Nevada Cannabis Laws Regarding Personal Cultivation
- Sales and Distribution in Nevada
- Usage Restrictions
- Employment Laws
- Lab Testing
- Conclusion
Since the passing of Question 2, the world around cannabis in Nevada has drastically shifted. Nevada Cannabis Laws now allow cannabis for medical as well as recreational use for all those who are 21 years of age and older.
You can now purchase up to 1 ounce of cannabis or up to 1/8 of an ounce of concentrate at a time.
Anyone 18 years and older with a valid medical marijuana card can purchase cannabis legally in Nevada, even if the card has been issued from another state. Minors can also qualify for a medical card if a parent or guardian signs the minor release form and agrees to act as the child’s primary caregiver.
Legislation History
Nevada cannabis laws began when voters passed the Regulation and Taxation of Marijuana Act, or Question 2, on November 8, 2016, with 54.4% voting in favor. The Nevada recreational weed laws went into effect July 1, 2017, allowing adults 21 and older to purchase and consume cannabis for personal use. Before approval of Question 2, possession and consumption were reserved for medical cannabis patients suffering from serious health issues.
The Medical Use of Marijuana Act, or Question 9, was approved by 65.4% of Nevada voters in 2000. It legalized home cultivation of cannabis for medical use and created a patient registry system. However, medical marijuana sales in Nevada did not take place until 2015.
Jurisdiction over both the medical marijuana and adult-use programs belongs to the Nevada Department of Taxation. Before Question 2, the medical marijuana program was administered by the Division of Public and Behavioral Health (DPBH). The DPBH currently administers the Medical Marijuana Patient Cardholder Registry.
Nevada legalized cannabis in 2000, so all those patients who qualify for medical conditions that require the use of medicinal marijuana could purchase it from licensed dispensaries. In 2016, Nevada approved the recreational use of cannabis for adults aged over 21 years. The same law went into effect on January 1st, 2017.
Here’s how the quantities are approved as legal for recreational use
- Individuals can possess up to an ounce or 28 grams of cannabis and up to ⅛ of an ounce or 3.5 grams of hash, oils, or other concentrated forms of cannabis.
- Individuals can consume cannabis in private settings or licensed locations.
Those individuals registered for the medical possession or use of cannabis can do so under the following guidelines.
- Individuals can possess up to 2.5 ounces or 70 grams of cannabis in 14 day period.
- However, as long as they are registered, there is no limit on the amount of cannabis seed they can cultivate for personal cultivation.
How to Get a Medical Cannabis License
All patients who qualify for the medical program must have a recommendation from a certified physician to obtain medical marijuana with a Nevada marijuana license. Only patients who have been diagnosed with a chronic or debilitating medical condition in which the medical use of marijuana may mitigate the symptoms or effects of that condition will receive recommendations.
The following are qualifying conditions for eligibility for a medical license.
- Addiction to opioids
- Anorexia
- Anxiety disorder
- Autism
- Autoimmune disease
- Cancer
- Cachexia, or wasting syndrome
- Glaucoma
- HIV/AIDS
- Neuropathic conditions
- Persistent muscle spasms, including those caused by multiple sclerosis
- Seizures, including those caused by epilepsy
- Severe nausea or pain
- Any other chronic or debilitating medical condition as classified by the DPBH or upon the acceptance of a petition to add a condition to Nevada’s recognized list of conditions.
Where to Purchase Weed in Nevada
Medical cannabis dispensaries are open for business, and many now have dual-licensed facilities, meaning they can dispense cannabis to both recreational and medical patients.
Recreational dispensaries are determined by county size, with 80 allocated to Clark County, 20 to Washoe County, four to Carson County, and two to the additional 14 counties. Most dispensaries can be found in highly populated areas like Las Vegas and Reno, with the remaining ones sprinkled throughout the rest of the state.
Local governments must authorize dispensary store hours, operate during and only during their established timeframe, and have their store hours posted at all times.
Store hours vary based on local government regulations. For example, Las Vegas allows medical dispensaries to operate between the hours of 6:00 am and 10:00 pm, while Reno dispensaries may be permitted to stay open as late as midnight.
How Much Does Weed Cost in Nevada?
When Nevada opened the doors to its legal cannabis market in 2017, record sales, in addition to some early distribution issues, led to a price increase of 200%. In addition to incredible demand, a scarcity of cultivators and a shortage of supply caused legal establishments to raise their prices.
As it currently stacks up, a gram of marijuana flower normally costs $12 to $20 at licensed dispensaries across Nevada, while the same quantity of pot can be purchased legally in Portland and Denver for $6 to $10. An eighth of cannabis flower, priced at $35 to $70 in Nevada, costs between $17 to $50 in Oregon and Colorado’s largest cities.
Nevada’s comparatively high pot prices are due to costs paid by dispensaries to state-mandated testing labs and a tax that is as high as 38% by the time the weed reaches the buyer. As the industry expands to include more dispensaries and cultivation facilities, more pot supply will force shops to compete for customers.
Nevada has less than one-eighth the number of open dispensaries in Oregon and Colorado, and costly lab testing standards for those states are not as stringent as in Nevada.
How to Grow Weed Adhering to Nevada Cannabis Laws
Question 2 permits adults who are not participating in the state’s medical cannabis program to grow up to 6 weed plants legally and to possess the entire harvest from those plants if they reside 25 miles or more away from an operating cannabis retailer. No residence may have more than 12 plants at any one time.
Cultivation of 12 plants or more is a category E felony punishable by a minimum of 1 year and a 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 a 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, a maximum of 10 years imprisonment, and a fine up to $50,000.
Is DUI of Marijuana a Crime?
Nevada law prohibits drunk driving and drugged driving. Even if the driver is not impaired, it is DUI to drive with the following pot levels:
- Blood: At least two nanograms per milliliter (or 5 nanograms per milliliter of marijuana metabolite);
- Urine: At least ten nanograms per milliliter (or 5 nanograms per milliliter of marijuana metabolite)
Law enforcement officials will determine if a person is under the influence of marijuana by requesting either a urine sample, blood sample, or field sobriety test. A first-time DUI conviction with no injury is a misdemeanor.
Penalties typically include a fine and a suspended jail sentence. The judge also orders DUI school and a victim impact panel. A first-time DUI also carries a six-month driver’s license suspension. However, defendants can usually drive immediately with a restricted license.
DUI of marijuana charges can be difficult for a prosecutor to prove. A criminal defense attorney may be able to reduce the charges to reckless driving or dismiss them completely.
Nevada Cannabis Laws: Reciprocity
Out-of-state patients with a valid medical marijuana card issued in their home state can purchase cannabis legally in Nevada.
Visiting patients must meet the following conditions and abide by all of Nevada’s medical marijuana possession laws regardless of how much marijuana each patient is allowed to possess in their home state:
- Must have a valid, non-expired medical marijuana card from their home state.
- Their home state must exempt medical marijuana cardholders from criminal prosecution for medical marijuana use.
- The law in your home state must require that physicians advise patients about the benefits of using medical marijuana to ease a patient’s symptoms before that state issues a card.
- The Nevada authorities must be able to verify the validity of your medical marijuana card by accessing a database of registered users.
The majority of medical cannabis states meet these criteria, and the state of Nevada does not maintain a list of programs that do not meet the requirements. If you are uncertain whether or not your medical card is accepted at a Nevada dispensary, it is best to call ahead to be sure before visiting the store.
Nevada Cannabis Laws Regarding Personal Cultivation
You can cultivate cannabis plants for recreational use as long as you live 25 miles from a licensed dispensary. Each individual is allowed up to 6 plants and 12 plants per household. Those who want to cultivate cannabis at home for medicinal purposes will follow the same guidelines.
Sales and Distribution in Nevada
Selling at a licensed dispensary is legal, and all dispensaries must comply with strict regulations regarding license safety and compliance with state laws.
Also, sales are subject to a 15% exercise tax at wholesale prices in Nevada and additional sales tax per locality on retail purchases.
Usage Restrictions
It is illegal to consume cannabis in Nevada in public places like sidewalks, parks, or events. You can only consume it on your private property.
Also, there are strict driving laws, and driving under the influence is penalizable. The penalties may range from fines to license suspension and jail time.
Employment Laws
Nevada law is strict regarding employment under the influence. Most employers like maintaining drug-free workplaces and can enforce drug testing anytime during employment. Those employees who test positive for cannabis may be terminated even if they consume it outside of work.
However, the laws are different for those who are prescribed cannabis for medical purposes. All employers are required to accommodate such employees or patients in the workplace.
Lab Testing
All cannabis grown and processed in Nevada must be tested by an independent testing laboratory. Laboratories must receive a medical marijuana establishment registration certificate before performing any cannabis quality assurance test. Subsequently, labs must meet specific criteria to complete the certification process for conducting tests.
Labs must analyze for the following:
- Cannabinoids
- Foreign matter
- Heavy metals
- Microbes
- Moisture content
- Pesticide and other chemical residues
- Potency
- Solvents
- Terpenes
Conclusion
Nevada cannabis laws are like a breath of fresh air for all cannabis users. Whether it’s for medical purposes or recreational consumption, the laws of the state are focused on the safe and healthy consumption of weed by the young and old.
Although the federal law still prohibits the use and is a challenge, Nevada has risen above as a model for cannabis legalization for other states to follow.
Sources
Footnotes
- Obradovic I. Cannabis regulations in the United States. Observatoire Français Des Drogues Et Des Toxicomanies. Recuperado de https://www.researchgate. net/publication/335402392. 2019.
- Cambron C, Guttmannova K, Fleming CB. State and national contexts in evaluating cannabis laws: A case study of Washington State. Journal of drug issues. 2017;47(1):74-90.
- Patton DV. A history of United States cannabis law. Jl & HealTH. 2020;34:1.
- Pardo B. The uneven repeal of cannabis prohibition in the United States. InLegalizing Cannabis 2020 (pp. 11-38). Routledge.
References
- Know Your Rights. Las Vegas Medical Marijuana Association. Accessed 4/7/2024.
- Oregon Is Still Selling the Nation’s Cheapest Cannabis. Willamette Week. Accessed 4/7/2024.
- Denver Weed Prices Are Low Compared to Those in Other Major Cities. Westword. Accessed 4/7/2024.
- What does a highly regulated pot industry mean in Nevada? No marijuana vending machines, strict lab tests. The Nevada Independent. Accessed 4/7/2024.
The content provided on this blog is for informational purposes only and does not constitute medical, legal, or professional advice. Cannabis use is subject to local laws and regulations, which vary widely by jurisdiction. Always consult with a healthcare professional before starting any new treatment or altering an existing treatment regimen. The authors and publishers of this blog are not responsible for any actions taken based on the information provided herein. Use cannabis responsibly and in accordance with applicable laws. This blog is intended for adults aged 21 and over. The Sanctuary Dispensaries D186, D187.