Under Nevada marijuana laws, both recreational and medical cannabis are legal. State law dictates that adults over the age of 21, can possess and use marijuana recreationally. In this article, we’ll cover everything you need to know about Nevada and Las Vegas pot laws.
Is Marijuana Legal in Nevada?
Perhaps one of the most critical Nevada marijuana laws is Regulation and Taxation of Marijuana Act or more commonly known as Question 2. This law was passed by voters in November of 2016 and it’s a critical milestone in Nevada’s history as it led to the legalization of recreational pot across the state.
But, what does this mean for Nevadians?
Question 2 went into effect in July of 2017, its passing meant that adults over the age of 21 years could now legally purchase, possess, and consume recreational cannabis. But, there are a few conditions that apply to this law.
The possession limit on flowers: Firstly, Nevada cannabis law states that adults can only purchase and possess up to 1 ounce of cannabis flowers.
The possession limit on concentrates: Prefer concentrates over flowers? The possession limits for concentrates are 0.125 ounces which work out to 3.5 grams.
Cultivating: In this state, an adult can grow up to 6 cannabis plants for recreational use.
Medical Cannabis Laws: Is Marijuana Legal in Las Vegas?
In 2001, the Nevada Legislature approved and adopted the Medical Use of Cannabis Program. These Nevada marijuana laws expand to those who wish to use pot for medical purposes and its regulations are a lot different compared to recreational users.
Under the Nevada Medical Cannabis Program, you will find the requirements patients need to meet to qualify for medical pot. Here we have summarized key aspects.
NRS 678C.040 states that a patient can appoint a primary caregiver. A primary caregiver is a person above the age of 18 years. They’re responsible for the well-being of a patient diagnosed with a chronic condition.
Under the Nevada medical cannabis laws, NRS 678C.110, a patient requires written documentation when applying to the medical pot program. This documentation must be signed and provided by an attending physician. It states that the patient has been diagnosed with a chronic and/or debilitating medical condition.
Is Weed Legal in Vegas: Medical Marijuana Possession and Criteria
Under Nevada marijuana laws, a qualifying patient is one who has a chronic or debilitating medical condition. State law defines these chronic or debilitating conditions as:
Some form of acquired immune deficiency syndrome i.e. HIV or AIDS
Autism spectrum disorder
Under state law, a patient can receive cannabis for medical use if they are currently being treated for an illness which produces:
Muscle spasms, this includes multiple sclerosis
Severe chronic pain
Possession Limits for Medical Marijuana Patients
In this state, approved medical marijuana patients may possess the following:
No more than 2.5 ounces of cannabis within a 14 day period.
No more than 12 cannabis plants which include both immature and mature plants.
Las Vegas Marijuana Laws: What Can’t You Do?
Las Vegas may seem like the perfect place to break some common state marijuana laws. But, don’t be fooled! Here are some Nevada pot laws you should not break.
Smoking and driving: It comes with no surprise that driving while intoxicated is illegal in Las Vegas, Nevada. First-time offenders can face anywhere from 2 days to 6 months of jail time and fines ranging from $400 to $1000. Under Nevada pot laws, you may also have your driver’s license suspended for up to 90 days.
Smoke at home: Marijuana is still illegal under federal law! It doesn’t matter if you’re in Las Vegas or at the Bellagio. You should only smoke at your private property away from the public. That being said, there are a few cannabis-friendly hotels and lodges that accept smoking on their premises.
Gift but don’t sell: Gifting 1 ounce of pot or ⅛ ounce of concentrate, without any remuneration, is legal under state law.
Travel out of state is prohibited: It is illegal to travel out of state or out of the country with cannabis even if it was purchased legally.
Is Weed Legal in Las Vegas: Nevada Laws and Penalties
Nevada pot laws prohibit public use and possession of cannabis. Possession or use in a public space is classed as a misdemeanor and is punishable with a $600 fine.
Selling pot is prohibited under Nevada pot laws. First-time offenders caught selling between 1 ounce to 100 lbs of cannabis is considered a felony. It is punishable by incarceration, 1 to 4 years, and a fine of up to $5,000.
State law does allow users to grow their own cannabis. However, growing more than 12 plants is considered a felony and is punishable by incarceration, 1 to 4 years, and a fine of up to $5,000.
In Las Vegas, it is illegal to distribute cannabis-based products and paraphernalia to minors (below 21 years old). Minors can only consume cannabis if they have a valid medical marijuana card. It is a felony to distribute marijuana paraphernalia to minors and it’s punishable by incarceration, 1 to 5 years, inclusive of a fine of $10,000.
Buying From Dispensaries in Nevada
Locals and out-of-state visitors can purchase recreational cannabis from dispensaries located across the state. You will need to show evidence of age either through a driver’s license or passport.
In Nevada, the average cost of cannabis can range from $20 per gram to upwards of $200 per 10 grams.
Nevada, like most states, does tax marijuana. The taxes are as follows:
10% excise tax applies to retail sales
Growers face a 15% wholesale tax on their production and cultivation
A 2020 Update: How Coronavirus Impacted Nevada Marijuana Sales and Facts
Thinking of starting up a marijuana dispensary in Las Vegas? Wait just a minute!
As COVID-19 swept across the nation many states—Maine, Oregon, etc—were affected by the pandemic. When we compare Nevada pot sales from 2018 to 2019 we see a 20% increase in sales. In 2019 pot sales reached $692 million while in 2018 they were $580 million.
As of 2020, Nevada pot sales have begun to plummet. The drop in pot sales is due to a combination of factors that include delivery-only options and a lack of tourism.
Expungement Laws of Nevada 2020
On June 11th, 2020 Governor Sisolak made headlines by proposing new legislation that pardoned those previously convicted of minor marijuana possession.
Since the legalization of recreational cannabis, the governor states that the approval of the new expungement laws would clear the names of those who were previously convicted for possessing and using cannabis in small amounts.
The expungement would not only take away the stigma associated with conviction but it would also restore those previously convicted the right to vote, serve on a jury, and the right to access federal student financial aid.
Where Else has Marijuana been Legalized?
Not sure what other states have legalized pot? There are quite a few!
Maine legalized cannabis for recreational use in 2016. Like in Nevada, the legal age for possession and adult-use is 21 years old.
In 2012, Colorado passed Amendment 64. This was a huge milestone as it allows Coloradans to recreationally use cannabis.