Being one of the most popular and most visited states in the country, I’m sure you have at least once asked, is weed legal in Nevada? A lot of times, people disregard this and end up paying absurd fines and even serve a few months of incarceration in a different state – you don’t want this, right? We know – and that’s why we made this guide!
In this article, we will be discussing everything there is when it comes to the state of cannabis legalities in Nevada. We’ll go to every nook and cranny and give you all the possible details that you consider hard-to-find!
Prohibition of Weed
Contents
Nevada was actually one of the first few states that prohibited the use of marijuana as they did it in 1923. The slow banning of the substance across multiple states happened in the 1930s.
Being part of the first few ones, Nevada restricted the consumption, possession or carrying, cultivation and growing, as well as the delivery or distribution of the drug anywhere within the state that catching people with it will incur fines, offenses, penalties, and a chance of incarceration.
The Timeline of Cannabis in Nevada
Since the prohibition of marijuana in the Silver State, nothing much has changed until the time that medical marijuana has been looked at and considered by the government to be something that can truly help with the economy and satisfy the need of medical patients.
Beginning of Medical Marijuana in 1998 to 2000
The first-ever initiative toward the legalization of cannabis for medical use was introduced in 1998 through the Nevada Medical Marijuana Act. At this time, it passed with the majority of votes allowing it – at 59%.
A second ballot measure follows in the year 2000, with 65% of the votes toward its allowability. Due to this, the official medical legalization of marijuana or cannabis in Nevada dates on the 1st of October 2001 through the Assembly Bill 453.
Misdemeanor Provision in 2001
The Assembly Bill 253 was one of the first few provisions that had multiple effects on how cannabis was controlled to be a substance. Aside from the fact that this was the turning point of medical or medicinal cannabis in the state of Nevada, it was also the provision that lowered the penalties of felony to misdemeanor for individuals who possess up to one (1) ounce.
As per Assembly Bill 253, criminal charges would only be incurred after the 3rd offense.
The First Recreational Use Initiative in 2002
Since then, medical or medicinal marijuana has been promulgated and so, recreational legalization was next. There have been multiple attempts and initiatives that tried to spark recreational usage and the first ever was Question 9.
Question 9, which was a ballot measure in 2002, failed garnering only 9% of the total votes. This could have legalized the possession of marijuana in up to three (3) ounces and would be sold at dispensaries.
Four (4) years after, the second initiative for recreational use was tried. Question 7, named the Regulation of Marijuana Initiative failed by a shy 7% vote, which could have legalized carrying or possessing up to a single ounce of cannabis.
Since then, medical or medicinal marijuana has been promulgated and so, recreational legalization was next. There have been multiple attempts and initiatives that tried to spark recreational usage and the first ever was Question 9.
Question 9, which was a ballot measure in 2002, failed garnering only 9% of the total votes. This could have legalized the possession of marijuana in up to three (3) ounces and would be sold at dispensaries.
Four (4) years after, the second initiative for recreational use was tried. Question 7, named the Regulation of Marijuana Initiative failed by a shy 7% vote, which could have legalized carrying or possessing up to a single ounce of cannabis.
Since then, medical or medicinal marijuana has been promulgated and so, recreational legalization was next. There have been multiple attempts and initiatives that tried to spark recreational usage and the first ever was Question 9.
Question 9, which was a ballot measure in 2002, failed garnering only 9% of the total votes. This could have legalized the possession of marijuana in up to three (3) ounces and would be sold at dispensaries.
Four (4) years after, the second initiative for recreational use was tried. Question 7, named the Regulation of Marijuana Initiative failed by a shy 7% vote, which could have legalized carrying or possessing up to a single ounce of cannabis.
That was it for recreational marijuana.
But wait – you haven’t answered if it’s legal yet! Don’t worry, we got you covered!
Is Weed Legal in Nevada?
I know that you’re itching to know whether cannabis is legal in the Silver State or not and that’s what you’re here for exactly, right?
Let’s jump right into it, then!
Medical Cannabis Use
We all know that the use of medical or medicinal cannabis in Nevada has been allowed almost two (2) decades back. The state declared a total of nine (9) qualifying conditions for medicinal marijuana, and they are:
- AIDS or HIV (Acquired Immunodeficiency Syndrome or Human Immunodeficiency Virus)
- Cachexia or Wasting Syndrome Leading to Loss of Muscle and Fat
- Cancer
- Chronic Pain or Intractable Pain
- Glaucoma
- Multiple Sclerosis
- Nausea (Including Severe and Intractable Nausea)
- Post-Traumatic Stress Disorder or PTSD
- Seizures
Legal Patient Use
The state has a few words to medical marijuana patients, and they are:
- Consumption in public places or within a correctional or detention facility is illegal
- Possessing or carrying of firearm while under the influence is illegal
- Operating a motor vehicle would need to have a maintained limit of 10 nanograms of THC per milliliter of urine and 2 nanograms per milliliter of blood
- Performing recreational activities while under the influence is illegal
Recreational Cannabis Use
We want to make it fast and easy for you. For the good part, yes, recreational cannabis or marijuana is legal and allowed in the state of Nevada. This happened back in November 2016 when the Initiative to Regulate and Tax Marijuana or Question 2 passed with 54% votes.
This allowed the possession of marijuana of up to one (1) ounce for adults who are over 21 years old, grow and cultivate up to six (6) plants of marijuana inside their properties and households if they reside 25 miles or more from a dispensary.
Furthermore, just in 2021, Governor Steve Sisolak gave a thumbs up to Assembly Bill 314, which allowed the operation of lounges where adults can purchase, consume, and smoke cannabis – these lounges are alcohol-free.
Fees and Penalties of Cannabis in the State of Nevada
Knowing that the substance has already been decriminalized and declared legal, it is still not in the eyes of the federal law. Therefore, going over the legal or wanted amount would mean failure to abide by the state’s laws and regulations when it comes to marijuana.
The most common misconception people have whenever they hear penalties, fees, and offenses regarding marijuana is that they’ll automatically be jailed – but no, that’s not the case.
To help you understand how the Silver State handles it, here’s a table of the offenses, fees, penalties, and imprisonment schedules that are respectively aligned to whatever amount an individual has gone over.
Carrying or Possession of Cannabis
This refers to an individual caught carrying or possessing marijuana outside the home (sometimes even inside).
| Offense or Amount of Marijuana | Penalty | Imprisonment | Maximum Fine |
|---|---|---|---|
| Up to 1 oz | No Penalty | No Imprisonment | No Fine |
| 1 oz or more | Misdemeanor | No Imprisonment | $600 |
| Possession or Use or Consumption in Public | Misdemeanor | No Imprisonment | $600 |
Sale, Delivery, or Distribution of Cannabis
These all refer to the act of exchanging marijuana or cannabis with other valuable items (including money).
| Offense or Amount of Marijuana | Penalty | Imprisonment | Maximum Fine |
|---|---|---|---|
| Gifting up to one ounce for no remuneration | No Penalty | No Imprisonment | No Fine |
| Gifting up to 1/8 oz of concentrated marijuana for no remuneration | No Penalty | No Imprisonment | No Fine |
| More than 1 oz – less than 100 lbs (first offense) | Felony | 1 year to 4 years | $5,000 |
| More than 1 oz – less than 100 lbs (second offense) | Felony | 1 year to 5 years | $10,000 |
| More than 1 oz – less than 100 lbs (subsequent offense) | Felony | 3 years to 15 years | $20,000 |
| 100 lbs to less than 2000 lbs | Felony | 1 year to 5 years | $25,000 |
| 2,000 lbs to less than 10,000 lbs | Felony | 2 years to 10 years | $50,000 |
| 10,000 lbs and up | Felony | 5 years to life | $200,000 |
| To a minor | Felony | 5 years to life | $20,000 |
Cultivation or Growing of Cannabis
And lastly, cultivation or growing of cannabis is the act of taking a seed and planting it until it becomes mature (in whatever state the plant may be in at the time of capturing).
| Offense or Amount of Marijuana | Penalty | Imprisonment | Maximum Fine |
|---|---|---|---|
| 12 or more plants | Felony | 1 year to 4 years | $5,000 |
| 100 lbs to less than 2,000 lbs | Felony | 1 year to 5 years | $25,000 |
| 2,000 lbs to less than 10,000 lbs | Felony | 2 years to 10 years | $50,000 |
| 10,000 lbs and up | Felony | 5 years to life | $200,000 |
FAQs
If you still have questions and you’re unsure of the final answer, we gathered and collated a few of the most frequently asked ones so you don’t have to go someplace else!
What Happens If You Get Caught With Weed in Nevada?
Getting caught with marijuana in the state, so long as it is within the allowed possession will grant no penalty, incarceration, or fines. However, going over the allowed amount of cannabis will result in misdemeanor and fines that need to be settled.
Can You Fly With Marijuana in Nevada?
Even though both medical and recreational marijuana is allowed in the state of Nevada, the TSA says that marijuana is, in any way, not permitted to be carried aboard. This is true to all states in the country, not to mention all other countries as it is still considered a Schedule I controlled substance.
The Bottom Line
Before you hop into a plane to try your luck in the sin city and fly with whatever type of substance with you, try to research about it first. Hopefully, we were able to have an answer to your question – is weed legal in Nevada and get your hair out of any possible trouble and lapse you could experience while you’re there!
That being said, it’s safe to say that the state is 420 friendly! What did you expect with the state? Did you have other speculations as to how they handled and managed cannabis or marijuana use there?
