Nevada

Legislation History

Nevada voters passed the Regulation and Taxation of Marijuana Act, or Question 2, on November 8, 2016, with 54.4% voting in favor. The law 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, 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.

Regulatory Authority

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 marijuana program was administered by the Division of Public and Behavioral Health (DPBH). The DPBH currently administers the Medical Marijuana Patient Cardholder Registry.

How Old Do I Need
to Be to Consume?
21+
Recreational
18+
Medical
Possession Limit
for Flower
1 oz
Recreational
2.5 oz per 14-day period
Medical
Possession Limit
for Concentrates
0.125 oz
Recreational
2.5oz per 14-day period
Medical

Where is it Safe to Purchase?

Patients, caregivers, and adults 21 and older can purchase and consume cannabis from licensed retailers or dispensaries throughout Nevada. Patients and caregivers are no longer subject to a 2% excise tax, as the wholesale excise was raised to 15% in 2017 so that dual-purpose dispensaries did not need to distinguish between their medical and adult use inventories. Recreational users 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 the property owner has not prohibited it. Cannabis may not be used in any moving vehicle whether you are the driver or passenger, and it is illegal to drive under the influence of marijuana.

Possession

Adults 21 years and older can legally possess up to one ounce (1 oz.), or 28.35 grams, of cannabis, or one-eighth ounce (0.125 oz), or 3.54 grams, of marijuana concentrates.

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, but only if they reside more than 25 miles from a licensed state dispensary.

Medical Marijuana Registry

All patients who qualify for the program must have a recommendation from a certified physician in order to obtain medical marijuana. More details can be found online. 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.

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
  • Any other chronic or debilitating medical condition as classified by the Division, or upon the acceptance of a petition to add a condition to Nevada’s recognized list of conditions.

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 old 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. They must also have “significant responsibility for managing the well-being of a person diagnosed with a chronic or debilitating medical condition.” 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.

Reciprocity

Dispensaries are authorized to sell to out-of-state medical marijuana patients with their qualifying state card. States currently approved for medical cannabis reciprocity can be found on DPBH website.

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 certain criteria in order to complete the certification process to conduct tests. Full requirements may be found here.

Labs 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

Licensing

Full licensing procedures and requirements can be found online.

For the first 18 months of the program, only existing medical marijuana dispensaries could apply for a retail license. Others can apply through the Department of Taxation for one of five license types:

  • Cultivation Facility
  • Distributor
  • Product Manufacturing Facility
  • Testing Facility
  • Retail Store

Employees of a marijuana business must be at least 21 years old and not have any felony convictions.

 

This page was last updated on January 28, 2019.