LEARN | LAWS & REGULATIONS
Is marijuana legal in Nevada?
Yes, both recreational and medical marijuana are legal in Nevada.
Nevada marijuana legalization began when voters passed the Regulation and Taxation of Marijuana Act , or Question 2, on November 8, 2016, with 54.4% voting in favor. The Nevada recreational weed laws went into effect July 1, 2017, allowing adults 21 and older to purchase and consume cannabis for personal use. Before approval of Question 2, possession and consumption were reserved for medical cannabis patients suffering from serious health issues.
The Medical Use of Marijuana Act , or Question 9, was approved by 65.4% of Nevada voters in 2000. It legalized home cultivation of cannabis for medical use and created a patient registry system. However, medical marijuana sales in Nevada didn’t take place until 2015.
Jurisdiction over both the medical marijuana and adult-use programs belongs to the Nevada Department of Taxation. Before Question 2, the medical marijuana program was administered by the Division of Public and Behavioral Health (DPBH). The DPBH currently administers the Medical Marijuana Patient Cardholder Registry.
Where is it safe to purchase?
Patients, caregivers, and adults 21 and older can purchase and consume cannabis from licensed retailers or a Nevada dispensary. Recreational users pay a 10% excise tax. No one is allowed to purchase more than 1 ounce of cannabis at a time.
Finding licensed dispensaries in Nevada
Adults over the age of 21 and medical marijuana card holders can find licensed dispensaries in Nevada and search by major metro areas including Reno, Lake Tahoe, and Las Vegas. Many dispensaries in Nevada offer delivery and curbside pickup services in addition to storefront sales. Delivery is normally illegal in the state but has been allowed temporarily as part of the state’s COVID-19 pandemic response.
Where is it safe to consume?
It is illegal to consume cannabis in any public space, therefore consumption must take place on private property, as long as the property owner has not prohibited it. Cannabis may not be used in any moving vehicle by the driver or passenger, and it is illegal to drive under the influence of marijuana.
For recreational use , adults 21 years and older can legally possess up to 1 ounce (28 grams) of cannabis edibles, flower, or topicals, and 3.5 grams of marijuana concentrates. Adults can grow up to six plants per person and up to 12 plants per household but only if they reside more than 25 miles from a licensed state dispensary.
Medical marijuana patients and caregivers can possess up to 2.5 ounces of edibles, flower, concentrates, or topicals per two-week period. Patients may grow up to 12 plants for medical purposes.
Medical Marijuana Registry
All patients who qualify for the program must have a recommendation from a certified physician in order to obtain medical marijuana with a Nevada marijuana license. More details can be found online . Only patients who have been diagnosed with a chronic or debilitating medical condition in which the medical use of marijuana may mitigate the symptoms or effects of that condition will receive recommendations.
- Addiction to opioids
- Anxiety disorder
- Autoimmune disease
- Cachexia, or wasting syndrome
- Neuropathic conditions
- Persistent muscle spasms, including those caused by multiple sclerosis
- Seizures, including those caused by epilepsy
- Severe nausea or pain
- Any other chronic or debilitating medical condition as classified by the DPBH, or upon the acceptance of a petition to add a condition to Nevada’s recognized list of conditions.
- Register for the Medical Marijuana Program through the online registry .
- Fill out the application.
- Designate a primary caregiver, if necessary.
- Obtain a physician’s signature for the application, certifying that the patient has been diagnosed with a chronic or debilitating medical condition.
- Scan and submit the application along with a copy of a Nevada state identification card or driver’s license to show proof of permanent residency.
- Pay the registration fee, which is $50 for one year or $100 for two years.
Patients in the registry who require assistance obtaining or using medical cannabis may only designate one caregiver. Caregivers must be at least 18 years old and a permanent resident of Nevada. Caregivers must be designated as a primary caregiver by the patient and can only provide care for one patient at a time. They must also be the primary person who’s responsible for the person diagnosed with a chronic or debilitating medical condition. Approved caregivers can pick up their patients’ medical cannabis at a designated dispensary, and can possess, transport, and administer a patient’s medical marijuana after purchase. Caregivers cannot be medical cannabis users themselves.
Dispensaries are authorized to sell to out-of-state medical marijuana patients who have medical marijuana cards from their home state. States currently approved for medical cannabis reciprocity can be found on DPBH website.
All cannabis grown and processed in Nevada must be tested by an independent testing laboratory . Laboratories must receive a medical marijuana establishment registration certificate before performing any cannabis quality assurance test. Subsequently, labs must meet certain criteria in order to complete the certification process to conduct tests.
Labs must analyze for the following:
- Foreign matter
- Heavy metals
- Moisture content
- Pesticide and other chemical residue
This page was last updated September 22, 2020.
View the marijuana laws & regulations for Nevada.
Nevada Marijuana Laws
As of November 8th, 2016, both recreational and medical marijuana are legal in Nevada. Recreational consumers who are 21 years of age and older are now able to purchase up to 1 ounce of cannabis (or up to 1/8 ounce of concentrate) at a time.
Who can purchase marijuana in Nevada?
Thanks to the passing of Question 2, recreational marijuana is officially legal for people who are 21 years of age and older.
Anyone 18 years and older with a valid medical marijuana card can purchase cannabis legally in Nevada, even if the card has been issued from another state. Minors can also qualify for a medical card as long as a parent or guardian signs the Minor Release Form and agrees to act as the child’s primary caregiver.
Recreational consumers are allowed to purchase up to one ounce of cannabis flower or up to 1/8 of an ounce of concentrate at one time from recreational dispensaries. Note a 15% excise tax will be added to every purchase.
Those with a valid medical marijuana card who are at least 18 years old and older (or their caregivers) can purchase up to 2.5 ounces worth of useable marijuana within a two-week period (14 days). This includes flower, edibles, concentrates, topicals — basically, anything containing cannabis that could get a person high.
Calculations for this limit are based on the total weight of cannabinoids in a product. For example, if a patient wishes to purchase five 100 milligram candy bars, he or she will be able to purchase the remaining weight in flower, concentrates or topicals (which equals around 2.48 ounces of usable marijuana) within a 14-day period.
Although patients can shop at multiple dispensaries, purchases are tracked in real-time throughout the state to prevent purchases of more than 2.5 ounces every 14 days. Where to Buy
Where to Purchase Marijuana in Nevada
Medical marijuana dispensaries are open for business, and many now have dual-licensed facilities, meaning they are able to dispense cannabis to both recreational and medical patients. Check out our Nevada dispensary directory for the current complete list.
Recreational dispensaries are determined by county size, with 80 being allocated to Clark County, 20 to Washoe County, four to Carson County and two to the additional 14 counties. Most dispensaries can be found in highly populated areas like Las Vegas and Reno, with the remaining ones sprinkled throughout the rest of the state.
Dispensary store hours must be authorized by local governments, be in operation during and only during their established timeframe and have their store hours clearly posted at all times.
Store hours vary based on local government regulations. For example, Las Vegas allows medical dispensaries to operate between the hours of 6:00am and 10:00pm, while Reno dispensaries may be permitted to stay open as late as midnight.
Where Can You Consume Marijuana in Nevada?
Cannabis consumption is for private use only. It is illegal to smoke in public, on federal land or in a vehicle without risking a fine.
There is currently one marijuana social lounge in operation in Nevada, though more are planned on the way.
Though some hotels allow tobacco smoke, most will not permit marijuana use because of concerns regarding conflicting federal law. This is especially true of casinos that work hard to meet gaming regulations, making them less likely to “gamble” with federal marijuana law.
Although there has been some discussion about opening a few marijuana resorts on Las Vegas Boulevard in the future, it’s always best to keep a low profile when consuming cannabis in Nevada.
Those caught violating public consumption laws in Nevada will be charged with a misdemeanor which is punishable by up to six months in jail, a fine of up to $1,000 or both. The ruling judge may assign community service in addition to or in lieu of both jail time and fines.
Driving Under the Influence of Marijuana in Nevada
Driving under the influence of marijuana is illegal in Nevada and could result in a fine, potential community service and even jail time. Law enforcement officials will determine if a person is under the influence of marijuana by requesting either a urine sample, blood sample or field sobriety test.
If the urine sample shows at least ten nanograms of marijuana per milliliter (or 15 nanograms per milliliter of marijuana metabolite) or the blood test shows two nanograms of marijuana per milliliter (or five nanograms per milliliter of marijuana metabolite), the person will be considered high “per-se,” though this can often be contested in court.
When marijuana is being transported in a vehicle, it should be in a sealed container away from the driver and any minor passengers. Failure to do so could result in an “Open Container” fine or, in the case of minors in the vehicle, the much more severe citation “aggravating circumstance.”
It is also illegal to take marijuana across state lines even if the next destination also has legal marijuana laws because of different marijuana regulations in each state.
The U.S. Postal Service should never be used as a cannabis delivery system. All mail is subject to search, especially if it smells like marijuana. If an employee at the post office notices an odd or suspicious package, they are required to report it to the proper authorities. If they decide that there is something illegal in the package, they might still deliver it and then arrest the addressee for sending contraband through the mail.
Consumption by Minors
Unless the minor has a valid medical marijuana recommendation, it is illegal for him or her to consume cannabis and cannabis-infused products and could result in a misdemeanor.
Those caught distributing marijuana-related products to minors are punishable with a minimum one-year sentence for first time offenses and up to life in prison (with potential parole after five years) for subsequent offenses.
As party of the passing of Question 2, growing at home will be banned within 25 miles of any dispensary, effectively blocking most of the population of Nevada from growing their own flower. This stipulation may be waived if the dispensary is unable to supply the marijuana to the cardholder, the cardholder is too ill to travel to the dispensary, or the cardholder lacks transportation to travel to the dispensary. Those that are allowed to cultivate can only grow up to 12 plants total, regardless of whether they are mature or not. Explore Strains
Out-of-state patients with a valid medical marijuana card issued in their home state can purchase cannabis legally in Nevada.
Visiting patients must meet the following conditions and abide by all of Nevada’s medical marijuana possession laws regardless of how much marijuana each patient is allowed to possess in their home state:
- Must have a valid, non-expired medical marijuana card from their home state.
- Their home state must exempt medical marijuana cardholders from criminal prosecution for medical marijuana use.
- The law in your home state must require that physicians advise patients about the benefits of using medical marijuana to ease a patient’s symptoms before a card is issued by that state.
- The Nevada authorities must be able to verify the validity of your medical marijuana card by accessing a database of registered users.
The majority of medical cannabis states meet these criteria, and the state of Nevada does not maintain a list of programs that do not meet the criteria. If you are uncertain whether or not your medical card is accepted at a Nevada dispensary, it is best to call ahead to be certain before visiting the store.
Nevada allows medical cannabis delivery, and has granted temporary permission for recreational dispensaries to offer delivery during the COVID pandemic. It is unknown if REC delivery provisions will continue after emergency guidelines have been recalled.
Legal information about medical and recreational marijuana laws in Nevada, including Las Vegas and Reno.