Marijuana is a Schedule I hallucinogenic substance under rule by the Nevada State Board of Pharmacy as authorized by the Nevada Uniform Controlled Substances Act.

See

• Nevada Rev. Stat. § 453.146 Web Search

Possession for Personal Use

Fifty-five percent of Nevada voters approved Question 2 in November 2016, which permits adults who are not participating in the state's medical cannabis program to legally possess personal use quantities of cannabis (up to one ounce and/or up to 3.5 grams of concentrate). Under the law, adults may also grow up to six marijuana plants, and they may possess all of the harvest from those plants, if they reside 25 miles or more away from an operating marijuana retailer. Public use/display of marijuana is still subject to civil penalties. The law took effect on January 1, 2017.

The possession of greater quantities of marijuana remains subject to criminal penalties.

Possession or use of marijuana in public is a criminal misdemeanor, punishable by a maximum fine of $600.

Sale/Delivery

Sale or delivery of less than 100 pounds of marijuana is a category D felony punishable by a minimum of 1 and maximum of 4 years imprisonment and fine up to $5,000 for the first offense. A second offense is a category C felony punishable by a minimum of 1 and maximum of 5 years imprisonment and fine up to $10,000. A third or subsequent offense is a category B felony punishable by a minimum of 3 and maximum of 15 years imprisonment and a fine up to $20,000. Sale or delivery of 100 pounds or more but less than 2,000 pounds of marijuana is a category C felony punishable by a minimum of 1 year and maximum of 5 years imprisonment and a fine up to $25,000. Sale or delivery of 2,000 pounds or more but less than 10,000 pounds is a category B felony punishable by a minimum of 2 years and maximum of 10 years imprisonment and a fine up to $50,000. Sale or delivery of 10,000 pounds or more is a category A felony punishable by life with the possibility of parole after a minimum of 5 years has been served, or for a definite term of 15 years with possibility for parole after a minimum of 5 years has been served, and a fine up to $200,000.

See

• Nevada Rev. Stat. § 193.130 Web Search
• Nevada Rev. Stat. § 453.321 Web Search
• Nevada Rev. Stat. § 453.337 Web Search
• Nevada Rev. Stat. § 453.339 Web Search

Selling marijuana to a minor is a category A felony punishable by life with the possibility of parole after a minimum of 5 years has been served, or for a definite term of 15 years with possibility for parole after a minimum of 5 years has been served, and a fine up to $20,000. The person may additionally be responsible for paying for the costs of the minor's drug treatment costs.

See

• Nevada Rev. Stat. § 453.334 Web Search

Cultivation

Question 2 permits adults who are not participating in the state's medical cannabis program to legally grow up to six marijuana plants, and to possess all of the harvest from those plants, if they reside 25 miles or more away from an operating marijuana retailer. No residence may have more than 12 plants at any one time. The law took effect on January 1, 2017.

Cultivation of 12 plants or more is a category E felony punishable by a minimum of 1 year and maximum of 4 years imprisonment and a fine up to $5,000.

Cultivation of 100 pounds or more but less than 2,000 pounds of marijuana is a category C felony punishable by a minimum of 1 year and maximum of 5 years imprisonment and a fine up to $25,000. Cultivation of 2,000 pounds or more but less than 10,000 pounds is a category B felony punishable by a minimum of 2 years and maximum of 10 years imprisonment and a fine up to $50,000. Cultivation of 10,000 pounds or more is a category A felony punishable by up to life imprisonment and a fine up to $200,000.

See

• Nevada Rev. Stat. § 193.130 Web Search
• Nevada Rev. Stat. § 453.339 Web Search
• Nevada Rev. Stat. § 453.3393 Web Search

Hash & Concentrates

Question 2 permits adults who are not participating in the state's medical cannabis program to legally possess up to 3.5 grams of concentrate. Possession of greater quantities is subject to criminal penalties.

See

• Nevada Rev. Stat. § 453.096 Web Search

Paraphernalia

Question 2 permits adults to manufacture, possess, use, transport, or purchase marijuana paraphernalia, or to distribute or sell marijuana paraphernalia to a person who is 21 years of age or older.

Sale or delivery of paraphernalia to a minor by an individual aged 18 years or older who is at least 3 years older than the minor is a category C felony punishable by minimum of 1 year and maximum of 5 years imprisonment and a fine up to $10,000. The offender may also be ordered to pay restitution to the minor for treatment costs.

See

• Nevada Rev. Stat. § 193.130 Web Search
• Nevada Rev. Stat. § 193.150 Web Search
• Nevada Rev. Stat. § 453.560 Web Search
• Nevada Rev. Stat. § 453.562 Web Search
• Nevada Rev. Stat. § 453.566 Web Search

Sentencing

The court may suspend proceedings against persons who are charged with first time possession or use offenses after a finding of guilty and instead impose conditional probation which will include either a drug education or treatment program. Upon successful completion of the terms of the probation, the proceedings against the defendant will be dismissed.

See

• Nevada Rev. Stat. § 453.3363 Web Search

First time offenders may be eligible for probation, but probation is generally not allowed for second or subsequent offenses.

See

• Nevada Rev. Stat. § 453.321(3) Web Search

Misdemeanor sentences may be replaced in part or whole by community service.

See

• Nevada Rev. Stat. § 193.150 Web Search

Forfeiture

Vehicles and other property may be seized for controlled substance violations. The state has 60 days after seizure to file a forfeiture proceeding. They must notify all those who have an interest in the property. A person with an interest in the property must file a response within 20 days of service.

See

• Nevada Rev. Stat. §§ 179.1164 - 179.1171 Web Search
• Nevada Rev. Stat. § 453.301 Web Search

Miscellaneous

Knowingly maintaining a structure used for drug offenses

Opening or maintaining a place for the purpose of selling, giving away, or using marijuana is a category B felony punishable by a minimum of 1 year and maximum of 6 years imprisonment and a fine up to $10,000. A second offense of this type or a first offense of this type if the offender had a previous drug-related felony is a category B felony punishable by a minimum of 2 years and maximum of 10 years imprisonment and a fine up to $20,000.

See

• Nevada Rev. Stat. § 453.316 Web Search

Controlled substances homicide

If marijuana proximately causes the death of a person, the person who delivered the marijuana to him may be guilty of murder.

See

• Nevada Rev. Stat. § 453.333 Web Search

Civil penalties

The state of Nevada is entitled to civil penalties recoverable from certain marijuana offenders. If the amount involved was 100 pounds or more but less than 2,000 pounds, the state is entitled up to $350,000. If the amount was 2,000 pounds or more but less than 10,000 pounds, the state is entitled up to $700,000. If the amount was 10,000 pounds or more, the state is entitled to $1,000,000.

See

• Nevada Rev. Stat. § 453.5531(1) Web Search

Driver's license suspension

If a child is adjudicated delinquent for the unlawful act of using, possessing, selling or distributing a controlled substance... the juvenile court shall: (a) if the child possesses a driver's license, issue an order suspending the driver's license of the child for at least 90 days but not more than 2 years.

See

• Nevada Rev. Stat. § 62E.630 Web Search

 

CONDITIONAL RELEASE

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

DECRIMINALIZATION

The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

DRUGGED DRIVING

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

HEMP

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section.

LEGALIZATION

This state has legalized marijuana for personal use.

MANDATORY MINIMUM SENTENCE

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

MEDICAL MARIJUANA

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML's Medical Marijuana section.

TAX STAMPS

This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties. 

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 Nevada Marijuana Arrests 

 

Nevada	2008	2009	2010	2011	2012	ARC
Possession	7,129	8,804	9,201	8,900	7,231	0.4%
Sales	1,443	1,086	1,243	1,059	1,293	-2.7%
Total	8,572	9,890	10,444	9,959	8,524	-0.1%

ARC: Annual Rate of Change

Source: Federal Bureau of Investigation, Uniform Crime Reporting Program