Marijuana Legalization In Nevada: When Can We Light Up?

Recreational marijuana became legal in Nevada on January 1, 2017, after voters passed the Regulation and Taxation of Marijuana Act (Ballot Question 2) in November 2016. The law allows adults aged 21 and older to purchase, possess, and consume marijuana, but there are still restrictions on the amount they can have at one time, and where they can use and buy it. For example, it is illegal to consume marijuana in public places, including casinos and hotel rooms, and it can only be purchased from state-licensed dispensaries. In 2023, Governor Joe Lombardo signed a bill to increase the possession limits for adult-use cannabis, which took effect on January 1, 2024.

Possession limits

Recreational marijuana became legal in Nevada on January 1, 2017, after the passage of Question 2 on the 2016 ballot with 54% of the vote. Possession limits for recreational marijuana in Nevada have changed over time, with the most recent changes taking effect on January 1, 2024.

As of January 1, 2024, adults aged 21 and over can legally possess, deliver, or produce up to 2.5 ounces of marijuana or up to a quarter of an ounce of THC concentrate. This change was brought about by a bill signed into law by Governor Joe Lombardo in June 2023, which more than doubled the previous possession limit of one ounce of flower and 1/8 ounce of concentrate.

It is important to note that the legal way to buy cannabis in Nevada is from a state-licensed retail store, and customers have to be 21 or older. Adults 21 and older can also legally grow up to six cannabis plants at home for personal consumption, but only if there is no state-licensed retail cannabis store within 25 miles of their home. The plants must be grown in an enclosed, secure area and must not be visible from a public place.

The possession of greater quantities of marijuana than the legal limits is subject to criminal penalties. Public use or display of marijuana is also subject to civil penalties.

Consumption restrictions

Recreational marijuana has been legal in Nevada since 2017, following the passage of Question 2 on the 2016 ballot with 54% of the vote. However, there are several consumption restrictions in place.

Firstly, adults aged 21 and over can only consume marijuana on private property, such as their homes, as long as the property owner has not prohibited it. Marijuana consumption is prohibited in public places, including casinos and hotel rooms, and in moving vehicles, even if the individual is a passenger. Driving under the influence of cannabis is illegal and dangerous, with any amount of cannabis consumption putting individuals at risk of driving impaired.

Secondly, the only legal way to purchase cannabis is from a state-licensed retail store, and individuals must be 21 or older to buy it, similar to alcohol purchases. Only licensed dispensaries may sell marijuana, and it is illegal to possess larger quantities unless an individual is a licensed vendor or retailer.

Thirdly, individuals are restricted from growing and cultivating cannabis unless they live more than 25 miles from a licensed dispensary. If they meet this criterion, they can grow up to six marijuana plants, with a maximum of 12 plants per household. The plants must be grown in an enclosed, secure space and must not be visible from a public place. Growers who do not own the property must have the permission of the legal owner.

Finally, it is important to note that marijuana remains illegal under federal law and is classified as a controlled substance. Therefore, it is illegal to possess or consume marijuana on federal property within Nevada, such as military bases and national parks.

Growing at home

Recreational marijuana has been legal in Nevada since 2017, but what about growing it at home? Well, if you're over 21 and there isn't a state-licensed retail cannabis store within 25 miles of your home, you can grow up to six cannabis plants for personal consumption. However, there are a few rules you need to follow:

First, you can only grow up to six plants per person, and no more than 12 plants per household. So, if you live with another adult, you can have a maximum of 12 plants between the two of you.

Second, the plants must be grown in an enclosed and secure area, such as a closet, room, or greenhouse. This area must be equipped with a lock or other security device, and the plants must not be visible from a public place.

Third, you must either own the property or have permission from the legal owner to grow cannabis plants.

It's important to note that it's illegal for anyone under the age of 21 to buy, possess, or use retail cannabis. Breaking these laws can result in fines or other penalties.

If you're thinking of growing cannabis at home in Nevada, make sure you review the state laws and regulations to ensure you're complying with all the necessary requirements. While recreational marijuana is legal in the state, there are still rules in place to regulate its use and distribution.

• The laws regarding growing cannabis at home may vary depending on the local jurisdiction. It's important to check with local authorities to understand any specific regulations or restrictions that may apply in your area.
• The rules for medical marijuana patients are slightly different. They may grow their own marijuana plants if certain conditions are met, such as an inability to access a dispensary or a lack of transportation. Medical marijuana patients are still limited to a maximum of 12 plants per household.
• It is illegal to drive under the influence of cannabis. Nevada imposes strict penalties for driving while impaired, including fines, community service, and even jail time for repeat offenses.
• Cannabis remains illegal under federal law, and it is classified as a controlled substance. This creates a complex legal situation, and it's recommended to consult with legal advisors to fully understand how federal, state, and local laws intersect.

Underage use

Recreational marijuana has been legal in Nevada since 2017, but only for adults aged 21 and over. The law is very clear that it is illegal for anyone under the age of 21 to buy, possess, or use retail cannabis. There are strict penalties for underage use of marijuana in Nevada.

Any person under 21 who falsely represents themselves as 21 or older to obtain cannabis is guilty of a misdemeanour and will be punished. The punishment can include up to 24 hours of community service, attending a live meeting, or undergoing an evaluation to address the issue. Minors under 21 who loiter at a cannabis establishment can also be fined up to $500.

For juveniles under 18, the first two offences are not considered delinquent behaviour. Instead, they are placed under informal supervision and must complete up to 24 hours of community service. However, for a third or subsequent offence, minors may be charged with delinquency.

It is important to note that giving marijuana to anyone under the age of 21 is a crime, and if the person is under 18, it is an even more serious offence with severe penalties.

Federal implications

While recreational marijuana became legal in Nevada on January 1, 2017, it remains illegal under federal law. This classification as a controlled substance has several implications for cannabis users in Nevada.

Firstly, individuals living in federally subsidized housing may face jeopardized federal housing benefits if they are charged with cannabis possession. Secondly, cannabis use and possession remain illegal on federal land, including national parks and military bases. Thirdly, individuals must be aware of the differing laws when travelling between Nevada and other states or federal lands. Finally, the differences between Nevada and federal laws can lead to confusion over how and where the different laws apply. Individuals are advised to consult legal professionals to fully understand how federal, state, and local laws intersect and affect their specific situations.

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