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Is It Legal to Possess Weed in Nevada?
As of January 1, 2017, it has been legal to possess marijuana, also known as weed, in Nevada.
The legality of marijuana in Nevada was established through Ballot Question 2, where Nevada voters approved the recreational use of marijuana for adults aged 21 and older.
However, while it's legal to possess weed in Nevada, there are legal limitations set by the Nevada Revised Statutes that control how much marijuana a person can possess.
These legal limitations are outlined under NRS Chapter 678D and state that an adult 21 years or older can legally possess:
- 2.5 ounces of marijuana
- 1/4 ounce of cannabis concentrate
If you possess more marijuana than the legal limit, you could face misdemeanor or felony charges, depending on how much over the limit you were and your intentions.
What Is the Recreational Weed Limit in Nevada?
In Nevada, on January 1, 2024, a law was enacted that increased the recreational weed legal limit, which under NRS Chapter 678D allows adults who are 21 or older to legally possess:
- Up to 2.5 ounces of usable cannabis (flower)
- Up to 0.25 ounces (7 grams) of concentrated cannabis (oils, wax, shatter)
What Are the Punishments for Exceeding the Possession Limits
Those who possess more legal marijuana than the limits stated in NRS Chapter 678D can face serious financial and legal consequences.
Based on the number of offenses, those who possess more marijuana than the legal limits in Nevada can face:
- First Offense (Misdemeanor): Fine up to $600
- Second Offense (Misdemeanor): Fine up to $1,000
- Third Offense (Gross Misdemeanor): Fine up to $2,000 and/or 364 days in Clark County jail
- Fourth & Subsequent Offense (Category E Felony): 1 to 4 years in Nevada state prison and/or fine up to $5,000
Punishments for Large-Scale Marijuana Possession in Nevada (Trafficking Marijuana)
Possession of marijuana in the amounts cartels or drug dealers typically hold can result in an extremely severe felony conviction, including:
- 50 to 1,000 Pounds (Category C felony): 1 to 5 years in prison with fines up to $25,000
- 1,000 to 5,000 Pounds (Category B felony): 2 to 10 years in prison with fines up to $50,000
- 5,000 Pounds or More (Category A felony): 15 years to life in prison with fines up to $200,000
Where Are You Legally Allowed to Use Marijuana in Nevada
In Nevada, adults ages 21 and over have specific areas where they can legally consume recreational marijuana, which are:
- Private Residence: Marijuana consumption in private homes or properties is allowed. However, a business or property owner has the right to prohibit the use of marijuana on their premises.
- Licensed Cannabis Consumption Lounges: Nevada law allows the operation of licensed cannabis consumption lounges, allowing adults to consume recreational marijuana on the property legally.
Where Can You NOT Consume Cannabis in Nevada
In Nevada, it's illegal to smoke weed in public places.
Commonly prohibited public locations where smoking weed is illegal include:
- Public parks and sidewalks
- Casinos and hotels
- Restaurants and bars
- Concert venues and festivals
- Vehicles (moving or parked)
- Public restrooms
- Federal property, such as national parks, federally subsidized housing, and military bases.
If you are caught consuming recreational marijuana in a public space in Nevada, you may face a misdemeanor charge and a fine up to $600.
How Much Marijuana Can You Buy Per Day in Nevada?
In Nevada, you can buy up to 2.5 ounces of cannabis flower, 0.25 ounces of concentrated cannabis, or up to 7,087 milligrams of THC a day from licensed dispensaries.
These limits on how much you can buy per day apply to the entire day, regardless of whether you visit a different dispensary.
What Are the Nevada Medical Marijuana Laws
Nevada's medical marijuana system was started in 2001 and has since then established important laws and regulations outlined under NRS Chapter 678C, which are meant to make cannabis accessible for qualifying medical patients while preventing abuse.
What Are the Qualification Requirements for a Medical Marijuana Card in Nevada
Under NRS 678C.030, to be eligible for a medical marijuana registry identification card in Nevada, you must be diagnosed with one of the following medical conditions:
- Cancer
- Glaucoma
- Post-Traumatic Stress Disorder (PTSD)
- Acquired Immune Deficiency Syndrome (AIDS)
- Cachexia
- Multiple sclerosis
- Seizures
- Severe nausea
- Severe pain
How to Apply for a Medical Marijuana Card in Nevada
If you are eligible to hold a medical marijuana card by having one of the conditions outlined in NRS 678C.030 you can apply for the Nevada medical marijuana program by following the steps outlined in NRS 678C.200:
- Confirming the condition by visiting a licensed physician or your primary caregiver
- Submitting an application through the Nevada Division of Public and Behavioral Health
- Obtaining a medical marijuana registry card for the period recommended by your physician
How Much Marijuana Can You Possess With a Medical Marijuana Card
Under NRS 678C.200, those with a medical marijuana card can legally possess the following amounts of cannabis:
- Up to 2.5 ounces of usable cannabis within a 14-day period
- Up to 12 cannabis plants for personal use
What Legal Protections Does a Medical Marijuana Card Provide in Nevada
In Nevada, under NRS 678C.200, if you hold a valid medical marijuana identification card, you are exempt from state prosecution for:
- The possession, delivery, or production of cannabis
- Aiding another in the possession, delivery, or production of cannabis
Is It Legal to Grow Weed in Nevada
In Nevada, it is legal to grow weed. However, it's only legal under certain circumstances.
According to NRS 678D.310, to legally grow marijuana in Nevada, you must:
- Be 21 years or older
- Only grow marijuana if your property is more than 25 miles from the nearest licensed dispensary
- Only cultivate up to 6 plants while maintaining only 12 plants per household.
- Only grow marijuana in an enclosed area away from public view, and one that does not affect public health
Punishments for Illegal Cultivation in Nevada
Failing to adhere to Nevada's marijuana growing requirements could result in fines and potential jail time, including:
- First Offense (Misdemeanor): Fine up to $600
- Second Offense (Misdemeanor): Fine up to $1,000
- Third Offense (Gross Misdemeanor): Fine up to $1,000 with the possibility of jail time
- Fourth & Subsequent Offense (Category E felony): Fine up to $5,000 and/or 1 to 4 years in prison
Who Is Legally Allowed to Sell or Distribute Marijuana in Nevada
In Nevada, only businesses that hold a valid distribution license issued by the Nevada Cannabis Compliance Board are legally allowed to engage in the actions of selling and/or distributing marijuana.
In addition, in some Nevada cities, such as Las Vegas, to sell or distribute marijuana, you must also hold a Las Vegas-issued business license along with a special use permit from the city's Planning Department.
Are Dispensaries Illegal in the Strip?
Marijuana dispensaries on the Las Vegas Strip are not necessarily illegal, but instead prohibited in specific areas on and around the Las Vegas Strip.
Under Nevada cannabis law, marijuana dispensaries must not operate in any venue, attraction, or public area on the Las Vegas Strip or Fremont Street Experience and must not be within 1,500 feet of any establishment with an unrestricted gaming license.
Can You Drive If You Have Consumed Marijuana
Under NRS 484C.110, it is illegal to drive if you have taken medical or recreational marijuana and there are 2 nanograms per milliliter of THC or 5 nanograms/milliliter of marijuana metabolite in your bloodstream.
Drugged driving is a serious crime and could result in:
- Fines
- Driver's license suspension
- Criminal charge
- Civil liability (If you get into a car accident)
What Are the Punishments for a Minor Possessing Marijuana in Nevada
In Nevada, anyone under the age of 21 can't legally possess, purchase, or consume marijuana for recreational purposes.
In circumstances where a minor is caught possessing or purchasing marijuana, they could face the following punishments based on the number of offenses:
- First or Second Offense: The minor will be classified as a "child in need of supervision" and will be subjected to informal supervision by a probation officer.
- Third or Subsequent Offense: The Nevada district attorney may file a petition and seek to pursue charges, leading to the potential of time in juvenile jail.
If someone between the ages of 18 and 20 is caught possessing marijuana, they will be charged as an adult and could face misdemeanor charges, community service, fines, and mandatory drug education programs.
Can I Be Fired From My Job in Nevada for Using Marijuana
You could be fired from your job in Nevada for using marijuana, as employers reserve the right to terminate employees for such offenses as proven in the case of Ceballos v. NP Palace LLC where the Nevada Supreme Court ruled that while the state of Nevada legalized recreational marijuana it's still considered a Schedule I controlled substance under federal laws making it out of the scope of employment protections.
However, employees who hold a medical marijuana ID card may have some protections under Nevada marijuana laws from being fired for the use of medical cannabis during or out of work.
Is Marijuana Legal Under Federal Law
Under the U.S. Controlled Substances Act (21 U.S.C. § 812), marijuana is not legal and considered a Schedule I controlled substance under federal law.
With marijuana being illegal federally, federal employees or contractors can be subject to disciplinary actions for the use of cannabis.
In addition, due to marijuana being illegal federally, many banks avoid doing business in the cannabis industry and with licensed dispensaries, making it more challenging to achieve the financial means to start recreational dispensaries.
Defenses to Marijuana-Related Crimes
If you are facing marijuana charges in Nevada, there are many defenses you or your attorney can use to avoid or lessen punishment.
Common defenses that those charged with marijuana offenses in Nevada can utilize include:
- Medical Purposes: If you are a valid medical marijuana cardholder and were charged with a marijuana-related crime, you can defend yourself by stating your condition and how a physician gave the recommendation to undergo cannabis treatment.
- Unlawful Search and Seizure: The 4th Amendment protects individuals from illegal searches and seizures, so if the police searched you or your property without a valid search warrant or probable cause, you could potentially get the charges dismissed.
- Lack of Knowledge: If the marijuana involved in the crime belonged to somebody else, or you had no knowledge of its presence, you could argue that you had no knowledge of the marijuana and had no intent to possess it.
In the situation in which you are charged with a marijuana-related offense, it's highly recommended not to attempt to handle the charges alone but instead enlist the help of a Las Vegas defense attorney who can help navigate your charges and protect your rights.
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