Nevada Marijuana Laws: FAQ

Nevada has led the nation in legalizing marijuana for recreational use, and its system of legal cannabis has been viewed as a marked success by other states and lawmakers considering similar legislation. Although cannabis is legal here in Nevada, that doesn’t mean its use is unrestricted or that there aren’t any laws. Marijuana is carefully regulated in a number of ways – and it’s important to know the laws in order to possess and use cannabis responsibly without risking consequences.

At Joey Gilbert Law, we work with many clients throughout Reno and Northern Nevada who have questions about Nevada’s marijuana laws – including individuals who were arrested and charged with crimes for not understanding or obeying those laws. To help you learn more about how legal pot works in Nevada, we’ve answered some frequently asked questions below.

Who’s allowed to purchase marijuana in Nevada?

By passing Question 2, Nevada voters approved recreational marijuana for adults age 21 or older. Just as there are laws prohibiting minors under 21 from purchasing or possessing alcohol, there are also laws that do the same for recreational cannabis. While adults between the ages of 18 to 20 can’t buy recreational marijuana, they can purchase medicinal cannabis legally if they have a valid medical marijuana card – even one issued in another state. In some cases, minors under 18 may also qualify for a medicinal license if their parent or guardian signs a release form and agrees to act as the child’s primary caregiver.

How much marijuana does the law say I can have?

Adults 21 and older who purchase recreational marijuana are allowed to have up to 1 ounce of cannabis flower, and up to 1/8 of an ounce of concentrate. Having more than this amount in your possession for personal use could result in a misdemeanor and fine.

Where am I able to get marijuana?

Nevada law requires all recreational cannabis to be purchased at a licensed and taxed facility. There are recreational dispensaries throughout the state, with most located in Clark County, Washoe County, and Carson County. State laws also permit the gifting of marijuana to another adult 21 years of age, provided that the amount gifted does not exceed one ounce of flower or 1/8 of concentrate, and no money or remuneration is exchanged. Gifting more than this amount, accepting payment, or gifting marijuana to a minor can result in criminal repercussions.

Where can I use marijuana in Nevada?

In Nevada, cannabis is for private use only. It is therefore against the law to smoke in public places, on federal land, or in a motor vehicle. While there may be lax stances on marijuana consumption in certain places, and future plans for marijuana resorts in places like Las Vegas, it is best to consume any marijuana in the privacy of your own home so as not to risk criminal consequences. Violating public consumption laws in Nevada can result in misdemeanor charges, fines, and other penalties.

Is it legal to drive after consuming marijuana?

It is a crime to drive under the influence or marijuana in Nevada, and a conviction carries serious penalties that include fines, driver’s license suspension, and possible terms of imprisonment, among others. Although there is debate over the legal limit used to determine when a driver is definitively too high to drive (15 nanograms per ml of marijuana metabolite for urine or 5 nanograms per ml of blood), law enforcement officers still have the ability to make arrests if they believe a motorists’ driving abilities have been impaired. Marijuana DUI is a serious crime, which is why driving after consuming cannabis should be avoided, and why anyone facing the charge should seek the help of experienced criminal defense lawyers.

Can I transport marijuana legally?

Because marijuana must be purchased at a licensed and taxed dispensary, Nevada law does allow for the transporting of marijuana. When transported in a vehicle, cannabis must be stored in a sealed container away from the driver and any passengers under 18. Failure to abide by this law could result in an “open container” citation and fine, or a more serious citation if minors are present. While transporting cannabis is legal, transporting across state lines could result in a crime.

Can I still be charged with a marijuana-related crime in Nevada?

Yes. Even though marijuana is legal in Nevada, there are still many ways individuals can be charged with crimes. Examples of these crimes include:

  • Marijuana DUI
  • Possession of more than 1 ounce of flower or more than 1/8 ounce of concentrate
  • Sale or delivery of marijuana
  • Sale to a minor
  • Cultivation of 12 plants or more
  • Sale of marijuana paraphernalia to a minor at least 3 years younger

These crimes can result in misdemeanor or felony charges, as well as serious penalties depending on the facts involved. It is also important to note that because marijuana is still illegal under federal law, individuals may be charged with federal crimes for certain offenses that violate federal laws, including trafficking marijuana across state lines. Attorney Joey Gilbert recently discussed the federal government’s regulation of cannabis in a published article.

More Questions? Call (775) 574-4774 for a FREE Consultation!

If you have additional questions about marijuana laws in Nevada, or wish to discuss a recent citation or criminal charge involving cannabis, our Reno criminal defense lawyers at Joey Gilbert Law are available to help! Call (775) 574-4774 24/7 to speak with a member of our team.

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