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NV Marijuana Laws

Nevada Medical Marijuana Laws

On July 1, 2017, the Nevada Department of Health and Human Services approved marijuana for recreational use.

April 01, 2014, the Department of Health and Human Services adopts regulations based on the previous amendment.

June 12, 2013, Nevada Governor Brian Sandoval, signed Senate Bill 374, providing for the registration of medical marijuana establishments authorized to cultivate or dispense marijuana, or manufacture edible marijuana products or marijuana-infused products, for sale to patients authorized to legally access, possess and use marijuana for medical use. It also stipulates that patients who have been cultivating their own medical marijuana since before July 01, 2013, will only be allowed to continue cultivation until March 31, 2016.

October 01, 2001, Assembly Bill 453, created a state registry for patients whose physician has recommended medical marijuana. It also tasks the Department of Motor Vehicles with issuing identification cards, and prohibits the use of any state money for the program — the program is to be funded solely by donation.

November 07, 2000, Nevada voters approved Ballot Question 9 (effective October 01, 2001), effectively removing all state-level criminal penalties on the use, possession and cultivation of marijuana, by qualifying patients who have a “written certification” from their physician, stating that he or she may benefit from the medical use of marijuana.

Nevada Medical Marijuana Outline

“MEDICAL USE OF MARIJUANA” — CHAPTER 453A

GENERAL PROVISIONS

NRS 453A.010        Definitions.

NRS 453A.020        “Administer” defined.

NRS 453A.030        “Attending physician” defined.

NRS 453A.040        “Cachexia” defined.

NRS 453A.050        “Chronic or debilitating medical condition” defined.

NRS 453A.053        “Crime of violence” defined.

NRS 453A.056        “Cultivation facility” defined.

NRS 453A.060        “Deliver” and “delivery” defined.

NRS 453A.080        “Designated primary caregiver” defined.

NRS 453A.090        “Division” defined.

NRS 453A.100        “Drug paraphernalia” defined. [Replaced in revision by NRS 453A.125.]

NRS 453A.101        “Edible marijuana products” defined.

NRS 453A.102        “Electronic verification system” defined.

NRS 453A.103        “Enclosed, locked facility” defined.

NRS 453A.104        “Excluded felony offense” defined.

NRS 453A.105        “Facility for the production of edible marijuana products or marijuana-infused products” defined.

NRS 453A.107        “Independent testing laboratory” defined.

NRS 453A.108        “Inventory control system” defined.

NRS 453A.110        “Marijuana” defined.

NRS 453A.112        “Marijuana-infused products” defined.

NRS 453A.115        “Medical marijuana dispensary” defined.

NRS 453A.116        “Medical marijuana establishment” defined.

NRS 453A.117        “Medical marijuana establishment agent” defined.

NRS 453A.118        “Medical marijuana establishment agent registration card” defined.

NRS 453A.119        “Medical marijuana establishment registration certificate” defined.

NRS 453A.120        “Medical use of marijuana” defined.

NRS 453A.125        “Paraphernalia” defined.

NRS 453A.130        “Production” defined.

NRS 453A.140        “Registry identification card” defined.

NRS 453A.150        “State prosecution” defined.

NRS 453A.155        “THC” defined.

NRS 453A.160        “Usable marijuana” defined.

NRS 453A.170        “Written documentation” defined.

LIMITED EXEMPTION FROM STATE PROSECUTION; REGISTRY IDENTIFICATION CARDS

NRS 453A.200        Holder of valid registry identification card or medical marijuana establishment registration certificate exempt from state prosecution for certain acts involving marijuana and paraphernalia; no crime for mere presence in vicinity of medical use of marijuana; limitation on exemption from state prosecution; affirmative defense; holder of card prohibited from cultivating, growing or producing marijuana if dispensary opens in county of residence; exceptions. [Effective through March 31, 2016.]

NRS 453A.200        Holder of valid registry identification card or medical marijuana establishment registration certificate exempt from state prosecution for certain acts involving marijuana and paraphernalia; no crime for mere presence in vicinity of medical use of marijuana; limitation on exemption from state prosecution; affirmative defense; holder of card prohibited from cultivating, growing or producing marijuana if dispensary opens in county of residence; exceptions. [Effective April 1, 2016.]

NRS 453A.210        Registry identification cards: Program for issuance; application; required accompanying information; distribution of copies of application; verification of information contained in application; permissible grounds for denial of application; judicial review of decision to deny application; reapplication; applicant and caregiver deemed to hold card pending approval or denial of application.

NRS 453A.220        Registry identification cards: Issuance to applicant; issuance to primary caregiver if primary caregiver has been designated at time of application; required contents; duration; renewal.

NRS 453A.225        Registry identification cards: Revocation; duties; judicial review; reapplication prohibited for 12 months.

NRS 453A.230        Registry identification card: Holder to notify Division of certain changes in information; required annual update of documentation from attending physician; designation of primary caregiver after initial issuance of card; deemed expiration of card.

NRS 453A.240        Registry identification cards: Card to be returned to Division following diagnosis of absence of chronic or debilitating medical condition.

NRS 453A.250        Registry identification cards: General requirements concerning designation of primary caregiver; user of medical marijuana not to have more than one designated primary caregiver; timing of issuance of card to caregiver if caregiver designated after initial issuance of card to patient.

  1. If a person who applies to the Division for a registry identification card or to whom the Division or its designee has issued a registry identification card pursuant to paragraph (a) of subsection 1 of NRS 453A.220 desires to designate a primary caregiver, the person must:

      (a) To designate a primary caregiver at the time of application, submit to the Division the information required pursuant to paragraph (e) of subsection 2 of NRS 453A.210; or

      (b) To designate a primary caregiver after the Division or its designee has issued a registry identification card to the person, submit to the Division the information required pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 453A.230.

      2. A person may have only one designated primary caregiver at any one time.

      3. If a person designates a primary caregiver after the time that the person initially applies for a registry identification card, the Division or its designee shall, except as otherwise provided in subsection 5 of NRS 453A.210, issue a registry identification card to the designated primary caregiver as soon as practicable after receiving the information submitted pursuant to paragraph (b) of subsection 1.

      (Added to NRS by 2001, 3060; A 2003, 14332009, 623)

PROHIBITED ACTS; AFFIRMATIVE DEFENSES

      NRS 453A.300 Acts for which registry identification cardholder is not exempt from state prosecution and may not raise affirmative defense; additional penalty.

      1. A person who holds a registry identification card issued to him or her pursuant to NRS 453A.220 or 453A.250 is not exempt from state prosecution for, nor may the person establish an affirmative defense to charges arising from, any of the following acts:

      (a) Driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of marijuana.

      (b) Engaging in any other conduct prohibited by NRS 484C.110484C.120484C.130484C.430, subsection 2 of NRS 488.400NRS 488.410488.420488.425 or 493.130.

      (c) Possessing a firearm in violation of paragraph (b) of subsection 1 of NRS 202.257.

      (d) Possessing marijuana in violation of NRS 453.336 or possessing paraphernalia in violation of NRS 453.560 or 453.566, if the possession of the marijuana or paraphernalia is discovered because the person engaged or assisted in the medical use of marijuana in:

             (1) Any public place or in any place open to the public or exposed to public view; or

             (2) Any local detention facility, county jail, state prison, reformatory or another correctional facility, including, without limitation, any facility for the detention of juvenile offenders.

      (e) Delivering marijuana to another person who he or she knows does not lawfully hold a registry identification card issued by the Division or its designee pursuant to NRS 453A.220 or 453A.250.

      (f) Delivering marijuana for consideration to any person, regardless of whether the recipient lawfully holds a registry identification card issued by the Division or its designee pursuant to NRS 453A.220 or 453A.250.

      2. Except as otherwise provided in NRS 453A.225 and in addition to any other penalty provided by law, if the Division determines that a person has willfully violated a provision of this chapter or any regulation adopted by the Division to carry out the provisions of this chapter, the Division may, at its own discretion, prohibit the person from obtaining or using a registry identification card for a period of up to 6 months.

      (Added to NRS by 2001, 3060; A 2005, 1696892009, 62318872013, 3724)

      NRS 453A.310 Affirmative defenses.

      1. Except as otherwise provided in this section and NRS 453A.300, it is an affirmative defense to a criminal charge of possession, delivery or production of marijuana, or any other criminal offense in which possession, delivery or production of marijuana is an element, that the person charged with the offense:

      (a) Is a person who:

             (1) Has been diagnosed with a chronic or debilitating medical condition within the 12-month period preceding his or her arrest and has been advised by his or her attending physician that the medical use of marijuana may mitigate the symptoms or effects of that chronic or debilitating medical condition;

             (2) Is engaged in the medical use of marijuana; and

             (3) Possesses, delivers or produces marijuana only in the amount described in paragraph (b) of subsection 3 of NRS 453A.200 or in excess of that amount if the person proves by a preponderance of the evidence that the greater amount is medically necessary as determined by the person’s attending physician to mitigate the symptoms or effects of the person’s chronic or debilitating medical condition; or

      (b) Is a person who:

             (1) Is assisting a person described in paragraph (a) in the medical use of marijuana; and

             (2) Possesses, delivers or produces marijuana only in the amount described in paragraph (b) of subsection 3 of NRS 453A.200 or in excess of that amount if the person proves by a preponderance of the evidence that the greater amount is medically necessary as determined by the assisted person’s attending physician to mitigate the symptoms or effects of the assisted person’s chronic or debilitating medical condition.

      2. A person need not hold a registry identification card issued to the person by the Division or its designee pursuant to NRS 453A.220 or 453A.250 to assert an affirmative defense described in this section.

      3. Except as otherwise provided in this section and in addition to the affirmative defense described in subsection 1, a person engaged or assisting in the medical use of marijuana who is charged with a crime pertaining to the medical use of marijuana is not precluded from:

      (a) Asserting a defense of medical necessity; or

      (b) Presenting evidence supporting the necessity of marijuana for treatment of a specific disease or medical condition,

Ê if the amount of marijuana at issue is not greater than the amount described in paragraph (b) of subsection 3 of NRS 453A.200 and the person has taken steps to comply substantially with the provisions of this chapter.

      4. A defendant who intends to offer an affirmative defense described in this section shall, not less than 5 days before trial or at such other time as the court directs, file and serve upon the prosecuting attorney a written notice of the defendant’s intent to claim the affirmative defense. The written notice must:

      (a) State specifically why the defendant believes he or she is entitled to assert the affirmative defense; and

      (b) Set forth the factual basis for the affirmative defense.

Ê A defendant who fails to provide notice of his or her intent to claim an affirmative defense as required pursuant to this subsection may not assert the affirmative defense at trial unless the court, for good cause shown, orders otherwise.

READ MORE — Chapter 453A [FULL TEXT] 

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Offense

Penalty

Incarceration

Max. Fine

Possession

Personal Use
1 oz. or less (First Offense)

Misdemeanor

N/A

$600

1 oz. or less (Second Offense)

Misdemeanor

N/A

$1,000

1 oz. or less (Third Offense)

Misdemeanor

1 year

$1,000

1 oz. or less (Fourth Offense)

Felony

*1-4 years

$5,000

Or mandatory assessment or treatment for first and second offense.
* Mandatory minimum sentence.
With Intent To Distribute
Any amount

Felony

*1-4 years

$5,000

Following a felony conviction of any drug offense.

Felony

*1-5 years

$10,000

If previously convicted of two or more drug felonies.

Felony

*3-15 years

$20,000

* Mandatory minimum sentence.

Sale or Delivery

Less than 100 lbs. (First Offense)

Felony

*1-6 years

$20,000

Less than 100 lbs. (First Offense)

Felony

*2-10 years

$20,000

Less than 100 lbs. (First Offense)

Felony

*3-15 years

$15,000

100 lbs. to 2,000 lbs.

Felony

*1-5 years

$25,000

2,000 lbs. to 10,000 lbs.

Felony

*2-10 years

$50,000

10,000 lbs. or more

Felony

*2-Life

$200,000

* Mandatory minimum sentence.

Cultivation

100 lbs. to 2,000 lbs.

Felony

*1-5 years

$25,00

2,000 lbs. to 10,000 lbs.

Felony

*2-10 years

$50,000

10,000 lbs. or more

Felony

*2-Life

$200,000

* Mandatory minimum sentence.

Paraphernalia

Possession or use of paraphernalia.

Misdemeanor

6 months

$1,000

Sale, delivery, manufacture, or possession with intent.

Felony

*1-4 years

$5,000

Sale to a minor who is at least 3 years younger.

Felony

*1-5 years

$10,000

* Mandatory minimum sentence.

Miscellaneous

Knowingly maintaining a structure used for drug offenses.

Felony

*1-6 years

$10,000

100 lbs. to 2,000 lbs.

Civil Penalty

N/A

$350,000

2,000 lbs. to 10,000 lbs.

Civil Penalty

N/A

$700,000

10,000 lbs. or more

Civil Penalty

N/A

$1,000,000

* Mandatory minimum sentence.

Finally, a helpful & informative website! MarijuanaDoctors.com answered all of my medical marijuana questions and helped me schedule an appointment with an accredited doctor in my area.~Susan - Denver, CO