Nevada

Legislation History

On November 8, 2016, Nevada voters passed the Regulation and Taxation of Marijuana Act, or Question 2, with 54.4% voting in favor. The law went into effect January 1, 2017, allowing adults 21 years of age or 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, and their caregivers.

The Medical Use of Marijuana Act, or Question 9, was approved 65.4% by Nevada voters in 2000. Question 9 allowed Nevada residents home cultivation of cannabis for medical use, and created a patient registry system; however, medical marijuana sales in Nevada didn’t take place until 2015.

Overview

As of July 1, 2017, jurisdiction over both the medical marijuana and adult-use programs was transferred to the Nevada Department of Taxation. Before Question 2, the medical cannabis program was administered by the Division of Public and Behavioral Health (DPBH). The DPBH currently administers the Medical Marijuana Patient Cardholder Registry.

Where is it Safe to Purchase?

Patients, caregivers, and adults ages 21 and older can purchase and consume cannabis from licensed retailers or dispensaries throughout the Nevada. Patients and caregivers will be subject to a two percent (2%) excise tax, while recreational users will pay a 10% excise tax. 

Where is it Safe to Consume?

It is illegal to consume cannabis in any public space, therefore consumption must take place on private property, as long as property owner has not prohibited it. Cannabis may not be used in any moving vehicle whether you are the driver or passenger, as it is illegal to drive under the influence of marijuana.

Possession

Adults ages 21 years and older can legally possess no more than one ounce (1 oz.), or 28.35 grams, of cannabis, or one-eighth ounce (0.125 oz), or 3.54 grams, of marijuana concentrates. The limit for legal possession in any 14-day period is no more than two-and-one-half ounces (2.5 oz), or 70.87 grams, for medical cannabis patients and caregivers.

 

Under Question 2, adults can grown up to six (6) plants per person and up to 12 plants per household for personal adult use; under Question 9, patients and caregivers can grow up to 12 plants for medical purposes. Nevertheless, adults, patients, and caregivers can only legally grow if there is not a state-licensed marijuana retailer or dispensary within 25 miles of their home.

Medical Marijuana Registry

All patients who qualify for the program must have a recommendation from a certified physician in order to obtain medical marijuana. 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. However, dispensaries in Nevada are authorized to sell marijuana to cardholders from states where patients are issued a state or local government medical marijuana card.

Qualifying Conditions

  • Cancer
  • Cachexia, or wasting syndrome
  • Glaucoma
  • HIV/AIDS
  • Persistent muscle spasms, including those caused by multiple sclerosis
  • Post-traumatic stress disorder (PTSD)
  • Seizures, including those caused by epilepsy
  • Severe nausea or pain

Application Process

  1. Register for the Medical Marijuana Program through the online registry.
  2. Fill out the application.
  3. Designate a primary caregiver, if necessary.
  4. Obtain a physician’s signature for the application, certifying that the patient has been diagnosed with a chronic or debilitating medical condition.
  5. Scan and submit the application along with a copy of a Nevada state identification card or driver’s license to show proof of permanent residency.
  6. Pay the registration fee, which is $50 for one year, or $100 for two years.

Caregiver Requirements

Patients in the registry who require assistance obtaining or using medical cannabis may only designate one caregiver. Caregivers must be at least 18 years and a permanent resident of Nevada. Caregivers must be designated as a primary caregiver by the patient and can only provide care for one (1) patient at a time. Approved caregivers can pick up their patients’ medical cannabis at a designated dispensary, and can possess, transport, and administer a patient’s medical marijuana after purchase. Caregivers cannot be medical cannabis users themselves.

Lab Testing

All cannabis grown and processed in Nevada must be tested by an independent testing laboratory (ITL). Laboratories must receive a medical marijuana establishment registration certificate before performing any cannabis quality assurance test. Subsequently, labs must meet certain criteria in order to complete the certification process to conduct tests.

 

ITLs must analyze for the following :

  • Foreign matter inspection
  • Fungal mycotoxin screening
  • Growth regulator screening
  • Heavy metal screening
  • Herbicide screening
  • Microbial screening
  • Moisture content
  • Pesticide residue analysis
  • Potency
  • Terpenes

 

This page was last updated on May 17, 2018.