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Nevada Marijuana Laws

 

Penalty Details

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

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 
  • Nevada Rev. Stat. § 453.321 
  • Nevada Rev. Stat. § 453.337
  • Nevada Rev. Stat. § 453.339 

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

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 
  • Nevada Rev. Stat. § 453.339
  • Nevada Rev. Stat. § 453.3393

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 

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 
  • Nevada Rev. Stat. § 193.150 
  • Nevada Rev. Stat. § 453.560
  • Nevada Rev. Stat. § 453.562 
  • Nevada Rev. Stat. § 453.566 

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 

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) 

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

See

  • Nevada Rev. Stat. § 193.150

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 

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
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
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) 
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
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.

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. 

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. 

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: Medical Use.

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. 

Nevada Drugged Driving

In Nevada, a person is guilty of DUI if he or she is found to be (1) driving with a certain level of a prohibited substance or metabolite in blood (per se law), OR (2) driving while under the influence of a controlled substance. Nev. Rev. Stat. § 484.397 (West 2010).

Effective July 1, 2017, Carboxy-THC in urine is no longer an offense.

(1) Driving with a certain level of a prohibited substance or metabolite in your blood. Id. § 484.397(3).

This is a per se offense – impairment is not an element of the offense. The mere presence of cannabis metabolites above the threshold constitutes a crime.

Nevada’s DUI Per Se Levels by substance per Id. § 484.397(3):
Prohibited Substance Blood
(g) Marijuana (Delta-9-THC) 2 ng/ml
(h) Marijuana metabolite (11-hydroxy-THC) 5 ng/ml

Affirmative Defense

The fact that the driver is or has been entitled by Nevada to use marijuana is not a defense for this type of DUI. Id. § 484C.110(2)(c).

(2) Driving while under the influence of a controlled substanceId. § 484.397(2).

The focus of this subsection is the effect of the substance on the driver, rather than the amount consumed. To successfully prosecute under this subsection state must prove driver was under the influence of a controlled substance to a degree which renders the driver incapable of safely driving or exercising actual physical control of a vehicle. In Cotter v. State, the court held that whether a driver is under the influence will “always be a question of fact, to be considered in the light of such variable circumstances as the individual’s resistance to the substance, the amount ingested and the type and time of ingestion. Cotter v. State, 738 P.2d 506(1987).

Affirmative Defense

The fact that the driver is or has been entitled by Nevada to use marijuana is not a defense for this type of DUI. Nev. Rev. Stat. Ann. § 484C.110(2)(c) (West 2010).

Implied Consent

  • Any person who drives or is in actual physical control of a vehicle on a highway or on premises to which the public has access shall be deemed to have given his or her consent to an evidentiary test of his or her blood, breath or other bodily substance to determine the concentration of alcohol in his or her blood or breath or to determine whether a controlled substance, chemical, poison, organic solvent or another prohibited substance is present. Id. § 484C.160(1).
  • If a person to be tested fails to submit to a required test as directed by a police officer pursuant to this section and the officer has reasonable grounds to believe that the person to be tested was driving or in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance. Id. § 484C.160(7)(a).
  • If a person refuses to submit to a required chemical test evidence of that refusal is admissible in any criminal or administrative action arising out of acts alleged to have been committed. Id. §484C.240(1).

Penalties

  • First offense misdemeanor – offender must complete a course on the abuse of alcohol and controlled substances; imprisonment of not less than 2 days, nor more than 6 months; OR perform not less than 48 hours of community service, or not more than 96 hours; fine not less than $400, nor more than $1000. Id. § 484C.400(1)(a)(1); Id. § 484C.400(1)(a)(2); Id. § 484C.400(1)(a)(3).
  • Second offense (offense within 7 years) misdemeanor –imprisonment of not less than 10 days, nor more than 6 months; fine of not less than $750, nor more than $1000.(or order person to perform an equivalent number of hours of community service); offender required to attend a program of treatment for the abuse of drugs. Id. § 484C.400(1)(b)(1)(I); Id. § 484C.400(1)(b)(2); Id. § 484C.400(1)(b)(3).
  • Third and subsequent offense (within 7 years) class B Felony – imprisonment for minimum of 1 year; maximum impsisonment of not more than 6 years; fine of not less than $2,000, nor more than $5,000. Id. §484C.400(1)(c); Id. §484C.400(1)(c).

Penalty Enhancers & Other Penalties

  • The Department can also seize or revoke your driver’s license, even without a DUI prosecution. A different standard is used to determine license revocation: if the driver had a detectable amount of a prohibited substance in his blood. (Zero Tolerance Per Se Law). Id. § 484.385.
  • In addition to the criminal prosecution, there is also a civil penalty of $35 for a DUI in Nevada. Id. § 484.3791. There can also be a $60 fee for chemical analysis of blood tests. Id. § 484.3798.
  • DUI while driving a commercial vehicle. Id. § 484.379778;
  • DUI while in a construction/work zone. Id. § 484.3667;
  • DUI while there is a child under 15 in the car. Id. § 484.3792(8); an
  • DUI causes substantial bodily harm, death, or vehicular homicide. Id. §§ 484.3795 – 484.37955.

Sobriety Checkpoints

In Nevada, sobriety checkpoints are authorized by statute.

The police officers in this State may establish roadblocks to warn and protect the traveling public, but administrative roadblocks established by police officers must be established at a point on the highway clearly visible to approaching traffic at a distance of not less than 100 yards in either direction, and display that a sobriety checkpoint is ahead at least ¼ mile before actual checkpoint. Id. § 484B.570.

Case Law

Cotter v. State, 738 P.2d 506 (1987) — Holding that aside from per se DUI cases, the state must show more than consumption of a controlled substance and subsequent driving. Furthermore, the State must show impairment as “to a degree which renders him incapable of driving safely or exercising actual physical control of the vehicle.”

Sheriff, Clark County v. Burcham, 198 P.3d 326 (2008) — Holding that aside from per se laws, whether a driver is under the influence will “always be a question of fact, to be considered in the light of such variable circumstances as the individual’s resistance to the substance, the amount ingested and the type and time of ingestion.

Per Se Drugged Driving Laws

Nevada has a per se drugged driving law enacted for cannabis, cannabis metabolites, and other controlled substances.

Under Nevada’s law, motorists with detectable levels of THC in the blood above 2 ng/ml are guilty of DUID. (Nevada State Code, Section 484.379)

Nevada Hemp Law

Year Passed: 2015

Summary: Governor Brian Sandoval signed Senate Bill 305 into law in 2015 to permit for the limited cultivation of industrial hemp as part of a university-sponsored pilot program. Governor Sandoval signedseparate legislation, Senate Bill 396, in 2017 expanding the law to permit broader commercial cultivation of the crop.

Statute: Nevada Rev. Stat. sec. 557.010 to 557.080.

Nevada Medical Marijuana Law

Status

 

Operational

Law Signed:

 2001

QUALIFYING CONDITIONS

  • AIDS
  • Cachexia
  • Cancer
  • Glaucoma
  • Post-traumatic stress disorder (PTSD)
  • Persistent muscle spasms or seizures
  • Severe nausea or pain
  • Other conditions are subject to approval

PATIENT POSSESSION LIMITS

Two and one-half ounces and/or a maximum allowable quantity of edible marijuana products and marijuana-infused products as established by regulation of the Division

HOME CULTIVATION

Yes, twelve mature plants. Limits on home cultivation if patients reside within 25-miles of an operating dispensary. However, patients who are cultivating specific strains of cannabis not provided by a local dispensary may continue to engage in the home cultivation of such strains. Patients who have an established history of cultivating medical cannabis prior to July 1, 2013, also may continue to do so until March 31, 2016.

STATE-LICENSED DISPENSARIES ALLOWED

Yes

STATE-LICENSED DISPENSARIES OPERATIONAL

Yes

MEDICAL MARIJUANA STATUTES

  • Nev. Rev. Stat. §§ 453A.010 – 453A.240 (2008)
  • Nev. Rev. Stat. Ann. §§435A.080(1)(a), (2); 435A.250(2) (2008)

CAREGIVERS

Yes, designated primary caregiver is a person who has significant responsibility for managing the well-being of a person diagnosed with a chronic or debilitating medical condition. Caregiver does not include the attending physician. The caregiver must be 18 years of age or older. Patients may only have one designated primary caregiver.

ESTIMATED NUMBER OF REGISTERED PATIENTS

RECIPROCITY

Yes

CONTACT INFORMATION

Nevada Division of Public and Behavioral Health (DPBH)
http://dpbh.nv.gov/Reg/Medical_Marijuana/

 

Nevada Tax Stamps

Stamp
State Code §372A.070
Tax Rate $100/g and $250 annual registration fee
Penalty for Nonpayment (Civil and Criminal ) 200% of tax
Additional Information
Found unconstitutional as double jeopardy in Desimone v. Nevada, 966 P.2d 405; later amended to comply.