Nevada weed Laws 

6 min read

Nevada Marijuana Laws 

February 8, 2023

In Nevada, the possession, use, and sale of marijuana for both medical and recreational purposes are legal for individuals 21 years of age and older. Nevada has a well-established medical marijuana program that has been in place since 2000. And in 2016, Nevada voted to legalize recreational marijuana, and the first retail sales began in July 2017.  The state has a strict regulatory system to control the production, testing, and distribution of marijuana products to ensure public safety. 

Who Can Purchase and Use Marijuana in Nevada?

Based on Nevada marijuana laws, only state-licensed retail stores can legally sell cannabis; hence it is illegal to buy it from any other source. Customers must be 21 or older and show ID. The only lawful place to purchase marijuana is a licensed dispensary, and the sales must go directly to the dispensary with a limit of 1 ounce of cannabis or 1/8 of an ounce of concentrated cannabis per purchase. Once purchased, cannabis must be kept in the trunk and unopened until you get home. Public use of marijuana is illegal in Nevada, both for residents and tourists. Although medicinal and recreational marijuana is decriminalized under state marijuana laws, it remains illegal under federal law.

Where Can I Use or Possess Marijuana in Nevada?

  • Cannabis can be legally used by adults 21 and older, but only in specific locations.
  • Cannabis use is not permitted on federal property or in public areas. It cannot be consumed when the user is driving a car or is a passenger in a moving vehicle. It is only allowed on private land, such as one’s own home, provided the owner hasn’t prohibited it.
  • As of January 2020, Nevada marijuana laws prohibit employers from denying job opportunities to applicants based on marijuana use revealed in pre-employment screenings. An individual cannot be terminated for legally using cannabis during non-working hours.

How Much Cannabis Can I Grow?

Adults 21 years and older are legally allowed to cultivate cannabis plants at home for personal use, provided there is no state-licensed retail cannabis store within a 25-mile radius of their home.

The rules are as follows: 

  • Up to 6 plants per person, but no more than 12 plants per household;
  • Plants must be grown in a closet, room, greenhouse, or other enclosed areas that are equipped with a lock or other security device;
  • Plants must not be visible from a public place;
  • A grower must own the property or have the legal owner’s permission.

What Are the Medical Marijuana Laws in Nevada?

In Nevada, the Division of Public and Behavioral Health does not have an age limit for obtaining a medical marijuana card as long as a doctor approves it.

For patients under 18, the Minor Release Form for medical use must be signed by a parent or guardian who also serves as the primary caregiver. The medical marijuana card must be obtained from Nevada or any other state that allows the medical use of marijuana.

Medical marijuana cardholders in Nevada can purchase up to 2.5 ounces of usable cannabis within a 14-day period, which can include edibles, flowers, concentrates, and topicals. This limit applies to a single type of cannabis or a combination of products. Dispensaries share customer information and will not sell more than the allowed limit. Customers can purchase from one dispensary or multiple dispensaries.

Learn more about the Nevada Medical Marijuana Program.

Here are the following qualifying conditions to get treatment with medical cannabis in Nevada:

  • Cancer;
  • AIDS;
  • PTSD;
  • Glaucoma;
  • Cachexia;
  • Seizures;
  • Severe pain or nausea, or
  • Persistent muscle spasms.

To obtain a medical marijuana card in Nevada, the following steps must be completed:

  • Submit an application packet and a $25 fee to the Nevada Medical Marijuana Program.
  • Provide a recommendation from a licensed doctor for medical marijuana use to treat symptoms.
  • Pay a $75 fee if the application is accepted.
  • The application and registration process can be done online with a registry account, driver’s license scan, and application download. However, a physician’s recommendation and a waiver and acknowledgment signed in the presence of a notary public must be obtained before uploading documents.

Once approved, the cardholder is entitled to use and possess marijuana for one year and must follow Nevada law. This includes obtaining marijuana from licensed dispensaries, purchasing no more than 2.5 ounces in 14 days, and growing up to 12 plants under certain circumstances. Medical marijuana use is approved for adults over 18, with some exceptional cases of patients between ages 10 and 18, with parental approval and additional requirements.

Advertising Marijuana Laws in Nevada 

In Nevada, the advertising of cannabis products is subject to strict regulations. According to state law, all advertisements for cannabis products must be truthful and accurately reflect the products’ properties and potential effects. Furthermore, advertisements for cannabis products cannot be misleading or make exaggerated claims.

Advertising for cannabis products is also subject to restrictions in terms of placement and content. Advertisements cannot be displayed in areas where minors are likely to view them and must be placed in a manner that makes it clear that they are intended for adult audiences only. Additionally, advertisements cannot depict persons under the age of 21 or use cartoon characters or mascots that appeal to children.

Finally, advertising for cannabis products cannot contain any health or medical claims that have not been approved by the United States Food and Drug Administration (FDA). These restrictions aim to ensure that individuals have accurate information about the products they are purchasing and to prevent minors from being exposed to marketing products that are intended for adult use only.

It is crucial for individuals and businesses involved in the cannabis industry in Nevada to familiarize themselves with the state’s advertising laws and regulations in order to avoid any legal issues or penalties.

Marijuana Packaging and Labeling Requirements in Nevada

In Nevada, marijuana packaging and labeling requirements are regulated by the Nevada Department of Taxation and the Nevada Division of Public and Behavioral Health. These regulations ensure that marijuana products are appropriately labeled, contain accurate information, and are packaged safely and securely.

Marijuana products must be packaged in child-resistant packaging that is opaque, resealable, and tamper-evident. This prevents minors from accessing the products and protects public health and safety. The packaging must also include a label that displays the product’s name, weight, potency information, and any warnings or cautionary statements.

The labeling on marijuana products must be clear, conspicuous, and legible. It must also include information about the product’s ingredients, potency, and serving size. Additionally, any warnings or health and safety information must be prominently displayed. All labeling information must be in English and comply with the Federal Food, Drug, and Cosmetic Act.

In Nevada, it is also illegal to make false or misleading statements about the quality or potency of marijuana products. This means that all information on the label must be accurate and truthful.

Overall, Nevada’s packaging and labeling requirements are in place to protect the public and ensure that marijuana products are safe and responsibly consumed. 

Conclusion

It’s important to note that Nevada marijuana laws are subject to change, and it’s always a good idea to stay informed about any updates or modifications to the law. This includes updates on purchase and possession limits, licensing requirements for businesses, and any changes to the medical marijuana program. Failure to comply with these laws can result in severe consequences, including fines and imprisonment.

While marijuana is legal in Nevada for medical and recreational purposes, it’s important to understand and follow the laws and regulations related to its use. Staying informed about the constantly evolving marijuana laws in Nevada is essential to ensure a safe and compliant experience. Whether you are a medical patient, a recreational user, or a business owner, it’s essential to stay up-to-date on the latest Nevada marijuana laws to avoid legal trouble.