Nevada Marijuana Crimes & Laws FAQ
On July 1st, 2017, Nevada’s new marijuana laws officially went into effect. In many situations, the use and possession of marijuana for recreation is completely legal. But there are still plenty of laws on the books that can heavily penalize anyone who violates them. Staying out of legal trouble will depend on your understanding of these new laws, which we have addressed in a convenient Nevada marijuana law frequently asked questions list.
Of course, if you have already been arrested, charged with, or accused of a marijuana crime in Nevada, you can come to Joey Gilbert Law and our Reno marijuana attorneys for assistance. We bring decades of combined experience to each case we handle and stay focused on what is best for our clients from start to finish. Contact us at any time to learn about our representation and your options.
FAQ About Nevada’s New Marijuana Laws
How much marijuana can I possess and not break the law?
Nevada has removed all criminal penalties for the possession and personal use of marijuana in amounts less than one ounce, assuming you are not a minor. Having more than one ounce on your person or on your property is now a misdemeanor that cannot carry any jail time as part of sentencing if convicted.
Where can I buy legal marijuana?
You must go to a state-licensed dispensary to obtain marijuana for personal possession and use. Attempting to purchase marijuana from an unlicensed source could be a serious criminal violation, as well as attempting to sell it without a license. The state has only permitted a handful of dispensaries to be established, most of them concentrated in Reno and Las Vegas.
Where is it legal to use marijuana?
Possessing or using marijuana of any amount in a public place, or within a vehicle, is still strictly illegal and can be charged as a low-level misdemeanor. If you want to use marijuana recreationally, you must be in your private abode. Use on your yard or front porch is legal, though. Even in Las Vegas, where holding open alcohol containers on the strip is permitted, possessing and using marijuana in public is not.
Can I share marijuana with my friends?
Yes, to an extent. Gifting marijuana to another adult is not illegal so long as you do not give more than one ounce within that gift and do not accept any sort of remuneration, i.e. trade of goods, currency, or service. Be careful about gifting recreational marijuana too frequently. If you were to consistently gift one ounce to someone each day, investigators could try to build the argument that you were actually conducting distribution in illegal amounts.
Can I grow marijuana plants in my Nevada home?
Yes. The new law makes it legal to cultivate up to 11 marijuana plants within your private property. Once you reach a dozen plants, it could constitute a felony crime that can incarcerate you for at least a year. People are also expected to only cultivate marijuana in a location that cannot be accessed by minors.
Can I own marijuana paraphernalia in Nevada?
Anyone over the age of 21 can legally possess paraphernalia related to the recreational use of marijuana without violating any laws. People under 21 with marijuana paraphernalia could be charged with a low-level misdemeanor or, more likely, have the paraphernalia seized permanently by state law enforcement. It is also a felony to sell paraphernalia to a minor who is at least three years younger than the seller.
What do federal laws say about Nevada’s marijuana laws?
There is currently much controversy and conflict between states and the federal government regarding the legalization of recreational marijuana in small amounts. The federal government still considers marijuana and cannabis as a Schedule I drug, meaning it “has no medicinal purpose” and “is extremely dangerous” according to federal law. Even if you are abiding by all of Nevada’s marijuana laws, a federal agent could potentially try to charge and prosecute you, at least until all of the inconsistencies between the legalities are sorted.