Recreational and medical marijuana are both legal in Nevada. Adults age 21 and older may possess up to 2.5 oz of marijuana or up to 7 g of concentrate (increased in June 2023 from 1 oz and 3.5 g, respectively). It remains illegal to consume marijuana in public places or to drive under the influence of THC. Additionally, possession of more than the allowed amount is a misdemeanor offense punishable by a $600 fine.
Individuals who are not enrolled in the state’s medical marijuana program can cultivate 6 plants, provided they reside 25 miles or more from an operating dispensary, but plants must be grown in a secure, indoor location. Individuals who are enrolled in the state’s medical program may grow up to 12 plants, provided they reside 25 miles or more from an operating dispensary with the following two caveats: New patients may be authorized to grow their own 12 plants even if they reside within 25 miles of a dispensary if no dispensary within their county of residence carries a specific cultivar for their illness or if they are incapable of traveling due to illness or lack of transportation, according to Chapter 453A.718.2(b) of the Nevada Administrative Code. As is the case with individuals cultivating marijuana for non-medicinal reasons, all plants must be grown in a secure, indoor location.
Failure to adhere to these laws is a felony with following penalty structure:
• 12 plants or more: Minimum of 1 year of incarceration, maximum of 4 years; $5,000 maximum fine.
• 100-2000 lbs: Minimum of 1 year of incarceration, maximum of 5 years; $25,000 maximum fine.
• 2000-10,000 lbs: Minimum of 2 year of incarceration, maximum of 10 years; $50,000 maximum fine.
• 10,000 lbs or more: Minimum of 5 year of incarceration, maximum of life in prison; $200,000 maximum fine.
Any healthcare provider currently licensed to write a prescription for a chronic or debilitating medical condition and is in good standing with their state Board may recommend marijuana for any of the following conditions:
• Autism spectrum disorder
• Autoimmune disorders
• Chronic pain
• Opioid dependency
• Muscle spasms
• Neuropathic conditions
• PTSD (post-traumatic stress disorder)
• Severe nausea
• Severe pain
Patients may petition the Division to include additional conditions beyond those listed above, pursuant to Nevada Revised Statute 453A.710. The Division will approve or deny this petition within 180 days.
Out-of-state patients with valid medical cannabis cards may purchase marijuana in a Nevada medical dispensary, provided they are enrolled with programs from the following jurisdictions:
• District of Columbia
• Ely Shoshone Tribe
• New Hampshire
• New Jersey
• New York
• New Mexico
• Pyramid Lake Paiute Tribe
• Rhode Island
• Yerington Paiute Tribe
• Winnemucca Indian Colony
For more information on the state’s medicinal marijuana program, please see the Department of Health and Human Services Nevada Division of Public and Behavioral Health website: http://dpbh.nv.gov/Reg/Medical_Marijuana/