Nevada Cannabis Laws & Regulations
The 7th largest state by area in the US, Nevada has a vast amount of desert, with an estimated 86% of the land being owned and run by the federal government for various civilian and military services.
The most popular destination in Nevada is the Las Vegas Strip. But that's not all Nevada has to offer. For those loyal fans, we can’t forget to mention that Las Vegas is now home to the (formerly Oakland) Raiders. While in the Silver State, you can go tubing on the Truckee River, enjoy Lake Tahoe’s clear blue waters, go skiing at Mt. Charleston, explore caves at Great Basin National Park, or take a cruise on Lake Mead.
Voters in Nevada legalized medical marijuana in 2000 and the recreational use and sale of cannabis in 2016. Unfortunately, many of the state's counties do not allow recreational cannabis sales, and growing the plant is illegal in most cases; thus the medical marijuana program is vital for many Nevada residents. As of March 2022, the state of Nevada has 761 operational medical and recreational licenses. Of these licenses, 346 are restricted to medical marijuana, and 415 are recreational facilities. A total of 337 are dual licensed facilities for medical and recreational.
Is Weed Legal in Nevada?
YES. Adults aged 21 and over can legally purchase marijuana for medicinal or recreational use in the state of Nevada.
Weed Legalization in Nevada
Medical marijuana laws in Nevada had to be voted on twice due to them being constitutional amendments. The Nevada Medical Marijuana Act was initially passed in 1998, receiving 59% of the vote. The second vote took place in 2000 and passed with 65% of the vote. After the passage of AB 453, the Nevada medical marijuana program was created. Prior to the passage of this bill, cannabis possession was a felony, no matter the amount.
Although the state had legalized medical marijuana, commercial cannabis businesses such as retail dispensaries, cultivators, and producers were not allowed. Patients had to grow their own medical marijuana if they wanted products. The state also made it difficult for patients to obtain a Nevada medical marijuana card and would draw out the application process. Eventually, a lawsuit was filed to correct this and make it easier for patients. In 2013, SB 374 was finally passed to allow commercial medical cannabis businesses. However, the new legislation came with a caveat. Nevada medical marijuana patients could no longer grow at home unless they met certain conditions, mainly living at least 25 miles from a medical marijuana dispensary or having a condition that makes them too ill to travel.
Nevada voters passed a recreational marijuana ballot initiative in 2016 that allowed for the adult use and retail sale of marijuana. As of 2022, the consumption of cannabis is legal for medicinal and recreational use in the state of Nevada.
Buying Legal Weed in Nevada
In Nevada, the law permits adults over 21 to purchase cannabis from state-licensed dispensaries. Individuals, including minors, may obtain a medical marijuana card for the following chronic or debilitating medical conditions:
- Acquired immune deficiency syndrome;
- An anxiety disorder;
- An autism spectrum disorder;
- An autoimmune disease;
- Anorexia nervosa;
- Cancer;
- Dependence upon or addiction to opioids;
- Glaucoma;
- Cachexia;
- Muscle spasms, including, without limitation, spasms caused by multiple sclerosis;
- Seizures, including, without limitation, seizures caused by epilepsy;
- Nausea; or
- Severe or chronic pain;
- A medical condition related to the human immunodeficiency virus;
- A neuropathic condition, whether or not such condition causes seizures
The state levies a 16.85% tax on marijuana purchases, which covers:
- Retail excise tax (10%)
- Cannabis wholesale excise tax (15%)
- State sales tax (6.85%)
Nevada medical marijuana cardholders are exempt from the 10% retail excise tax but not the 6.85% cannabis excise tax. In addition to taxes on retail sales, the state charges a 15% excise tax to cultivation facilities on products sold, which is calculated according to the Fair Market Value.
Local jurisdictions in Nevada are also permitted to charge taxes on cannabis sales, which can vary by jurisdiction.
Nearly all the excise taxes on cannabis go to fund Nevada’s Distributive School Account in counties where cannabis programs are operational. A small portion of the wholesale excise tax is allocated to the state’s emergency fund.
Is Cannabis Delivery Available in Nevada?
YES. Adults aged 21 and over can legally order marijuana delivery for medicinal or recreational use in the state of Nevada.
Counties reserve the right to ban cannabis delivery sales within their jurisdiction.
Where Can You Legally Use Weed in Nevada?
Cannabis can be legally used in the following areas in Nevada:
✅ Private properties such as residences
✅ Businesses with a commercial cannabis consumption license
Cannabis CANNOT be consumed in:
❌ Public spaces
❌ Businesses that lack a license for commercial cannabis consumption
❌ Motorized vehicles, for both driver and passengers
What are the Restrictions on Cannabis Possession in Nevada?
Adults aged 21 and above may purchase and possess up to:
- Usable cannabis: 2.5 ounces / 70 grams
- Cannabis concentrates: 7 grams
- Cannabis edibles: Any combination of products containing up to 3,543mg of THC
An individual is not permitted to possess or purchase a combined amount of usable cannabis and cannabis concentrates that exceed the legal limit.
For transfer to another adult:
- Dried cannabis: 2.5 ounce / 70 grams
- Cannabis concentrates: 7 grams
An individual may not advertise the sale of cannabis or engage in a monetary transaction to give/receive cannabis from anywhere but a state-licensed dispensary.
For medicinal use:
- Cannabis flower: 2.5 ounces / 70 grams
- Cannabis concentrates: 10,000mg of THC
- Cannabis edibles: 10,000mg of THC
For the state’s home cultivation program:
NV residents can grow a maximum six plants per person, and no more than 12 per household.
Recreational consumers in Nevada may only grow cannabis plants at home if:
- there is no dispensary in the county where your live, or you do not live within 25 miles of a dispensary
Medical cannabis patients in Nevada may only cultivate at home if:
- there is no dispensary in the county where your live or you do not live within 25 miles of a dispensary
- there was no dispensary operating within 25 miles of where you live when you first applied for your card and have not had a lapse in your registration
- you are unable to travel to a dispensary due to illness or lack of transportation
- the dispensaries in the county in which you live are unable to supply the strain of marijuana necessary for your medical condition
Plants must be grown in an enclosed area equipped with a locked door or other security devices. The plants may not be visible from a public place, and the individual must have permission from the legal owner if the property is not theirs.
During vehicular transportation:
- Cannabis may either be in a sealed container or
- Stored in the trunk of the vehicle
Have Questions About Getting a Med Card in Nevada?
Learn more about medical cannabis and how NuggMD Nevada can help you get your card with our extensive set of patient resources: