Is Marijuana Legal in Nevada?

Marijuana is legal in Nevada for both recreational and medicinal use. After the Medical Use of Marijuana Act was passed by Nevada voters in 2000, home cultivation of marijuana for medical use became legalized in Nevada. Sales of medical marijuana, however, did not begin in Nevada until 2015.

In November 2016, the Regulation and Taxation of Marijuana Act was passed by voters, legalizing the recreational use of marijuana in Nevada. In July 2017, recreational marijuana laws went into effect in Nevada, allowing adults age 21 and over to purchase marijuana for recreational use.

What Are the Laws Regarding Marijuana Purchase in Nevada?

If you are 21 and over, you may purchase marijuana from licensed retailers or from a licensed Nevada dispensary. You may not purchase more than one ounce of cannabis at a time, however. Licensed dispensaries are available statewide, with many located in Carson County, Washoe County and Clark County. Many offer delivery and curbside pickup service as well as inside sales.

Where is it Legal to Consume Marijuana in Nevada?

In Nevada, you may not consume marijuana in any public space. You may only consume marijuana on private property on which you have the owner’s permission. Additionally, you may not consume marijuana in any moving vehicle, either as a driver or passenger, in Nevada. Driving under the influence of marijuana in Nevada is illegal. Marijuana DUI is a serious crime in Nevada and must be taken seriously. Contact our Nevada criminal defense law office for more information or assistance if you have been charged with a marijuana DUI crime.

How Much Marijuana Can I Legally Possess in Nevada?

How Much Marijuana Can I Legally Possess in NevadaIf you are an adult 21 years old or older, you may legally possess up to one ounce (28 grams) of cannabis flowers, edibles or topicals, as well as 3.5 grams (1/8 oz.) of marijuana concentrates. Adults 21 and over may grow up to six marijuana plants per person, and up to 12 plants per household, only if they live over 25 miles from a Nevada state-licensed marijuana dispensary.

You may also gift marijuana to another adult who is at least 21 years old. The gifted amount cannot exceed one ounce of flower or 1/8 of concentrate, and no money may be exchanged with the person to whom you are gifting the marijuana. You may not gift marijuana to minors.

If you are a medical marijuana patient in Nevada, you may possess up to 2.5 ounces (71 grams) of cannabis flowers, edibles or topicals during any two-week period. Medical marijuana patients in Nevada may grow up to 12 plants for medicinal purposes.

Can I Still Be Charged with a Marijuana-Related Crime in Nevada?

You may still be charged with a marijuana-related crime in Nevada, even though it is legalized. Crimes involving marijuana that you may still be charged with in Nevada include, but are not limited to:

  • Marijuana DUI
  • Selling or delivering marijuana
  • Possession of over one ounce of edible, flower or topical, or over 1/8 oz. of marijuana concentrate
  • Cultivation of 12 or more marijuana plants
  • Selling marijuana paraphernalia to a minor

Any of the above marijuana-related crimes in Nevada may lead to misdemeanor or felony charges, which can impose serious penalties. Because marijuana is still illegal under federal law, you are also subject to be charged with federal crimes for certain offenses violating federal law, including trafficking marijuana across state lines.

If you have additional questions about marijuana laws in Nevada, or want to discuss a recent criminal charge you are facing regarding marijuana in Nevada, contact our criminal defense lawyers. We are available to help at any time.