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Marijuana - Legal States > Is Weed Legal in Nevada? Can You Buy Recreational Marijuana?

Is Weed Legal in Nevada? Can You Buy Recreational Marijuana?

August 28, 2022

Is Weed Legal in Nevada
Table of Contents

Marijuana enthusiasts in Nevada can rejoice because medical and recreational marijuana is legal in NV. So, in other words, yes, weed is legal in Nevada. It is legal for adults 21+ to buy, possess, and consume recreational cannabis.

There are a few restrictions, such as not being able to consume Mary Jane in public or on federally-owned land. Still, overall, adults in Nevada can enjoy marijuana without worry.

Keep reading to find out more info about the Nevada Marijuana Laws and a newer alternative to marijuana that works the same, if not better.

Main Key Points

  • Medical marijuana and recreational marijuana are legal in NV.
  • Most of the 60 dispensaries across the state situate around Las Vegas.
  • Medical marijuana cardholders and their caregivers can purchase marijuana for medical use from licensed dispensaries.
  • Yes, it is legal to possess marijuana in Las Vegas.
  • Hemp-derived THC offers the same benefits as THC from Marijuana.
  • You can now get other alternatives, such as Delta 8 THC, Delta 10 THC, and more.

When Was Marijuana Legalized in Nevada?

NV legalized medical cannabis in 2000 and recreational use of cannabis in 2016. However, it is still illegal under federal law even though state law says otherwise.

Medical marijuana laws allow patients with a valid doctor’s recommendation to consume and possess cannabis for medicinal purposes legally. A primary caregiver can buy marijuana for the patient as well. In Nevada, to qualify for a medical marijuana card, patients must have a qualifying condition that can be treated with cannabis. Some common qualifying conditions include cancer, chronic pain, and PTSD.

In 2016, Nevada voters approved Question 2, which legalized recreational cannabis use for adults 21 and over. Under the new law, adults can purchase up to one ounce of marijuana for recreational use from a licensed retail dispensary. Personal consumption is allowed only on private property (with authorization from the property owner) and never on federal property.

Don’t Smoke And Drive In Nevada

Driving under the influence of Mary Jane (drugged driving) is still illegal in Nevada and can result in a driver’s license suspension. Drivers with an active medical marijuana card can legally consume cannabis but are not allowed to operate a motor vehicle while impaired.

Marijuana consumption is allowed in private residences and some public spaces, but not in hotels and casinos. Cannabis edibles are also subject to the same restrictions as other marijuana products.

It is important to note that while recreational use of marijuana is legal in the Silver State, it is still illegal under federal law. Meaning you can be arrested and charged with a federal crime if caught with marijuana in certain situations.

For example: if you get caught with marijuana on federal lands, such as a national park or forest, you could be arrested and charged with a federal crime. If caught crossing state lines with marijuana, you could also be subject to federal charges. So, while recreational marijuana is legal in NV, it is still essential to be aware of the risks involved with consuming it.

Nevada Cultivation License and Nevada Marijuana Laws

In 2019, more than 60 dispensaries existed across the state, primarily concentrated in Clark Cty, where Las Vegas is situated.

If you want to cultivate marijuana in Nevada, you must obtain a state license. You can find the laws governing cannabis cultivation in the Nevada Revised Statutes.

Under Nevada State law, it is a crime to cultivate marijuana without a license. The penalties for this offense depend on the number of marijuana plants found.

For example:

  • If caught with fewer than six plants, it is a misdemeanor offense punishable by up to six mo. jail time and fines of up to $1,000.
  • If caught with more than six plants, it is a felony offense punishable by up to four years in prison and fines of up to $5,000.

To obtain a license to cultivate marijuana, you must apply to the Nevada Department of Taxation. The application must include information about your proposed cannabis cultivation operation, including the location of the grow site and the type of security measures in place.

Once your application is approved, you must pay a license fee and undergo a background check. If approved for a license, you must comply with all state and local laws governing cannabis cultivation, including the requirement to obtain a business license from the Nevada Department of Taxation.

Types of Nevada Grow Licenses

Licensed cultivation facilities can cultivate, process, or package cannabis; have marijuana tested on the premises; or sold to the retail marijuana store, the manufacturing plant, or any other cultivation operation. The purchase of a Nevada cannabis cultivation license costs $5,000. You will pay a license fee annually; you can find the total expenses in the Regulatory Taxation for Marijuana.

The types of licenses available for purchase are:

  • Cultivation Facility License: This license type permits the legal cultivation, harvesting, drying, and curing of marijuana. Max of 12 mature and 12 immature plants are allowed per household with a cultivation area not exceeding 100 square feet. Cultivation facilities cannot be within 25 miles of a retail store.
  • Processing Facility License: This license type permits the processing, packaging, and labeling of marijuana and cannabis products. Processing facilities are not allowed within 25 miles of a retail store.
  • Testing Facility License: This license type allows for the operation of a laboratory to test marijuana and cannabis products for potency and contaminants.
  • Retail Store License: This license type permits the retail sale of marijuana and cannabis products to customers who are 21 or older. A maximum of 2,000 square feet is allowed for the retail sales area. Retail stores are not allowed within 1,000 feet of a school.
  • Transportation License: This license type permits transporting marijuana and cannabis products between licensed cultivation, production, processing, testing, and retail facilities.
  • Manufacturing Plant License: This license type permits the extraction or production of cannabis concentrates, usable marijuana, and related products. Manufacturing plants are not allowed within 25 miles of a retail store.
  • Distributor License: This license type is required for any person or entity that transports, stores, or delivers marijuana and cannabis products to and from licensed cultivation, processing, testing, retail, and manufacturing facilities. You must obtain a distributor license to obtain a retail store license.
  • Temporary Event License: This license type allows for the legal sale of marijuana and cannabis products at a temporary event. A maximum of four temporary event licenses can be issued per licensee. Events must be on property zoned for commercial or industrial uses.
  • Cannabis Establishment Agent Registration: This registration is essential for any person who is an employee, manager, or owner of a licensed cannabis establishment. All employees of a licensed cannabis establishment must be 21 years of age or older and register with the state.

The above are the types of licenses issued by the state of Nevada. Each license type has specific requirements that must be met to obtain the license. For more info on the requirements for each license type, please see the Nevada Revised Statutes or the Regulations of Marijuana.

Buy marijuana legally in Nevada

Yes, it is legal to possess marijuana in Las Vegas. Under NV law, adults 21 and over can purchase up to one oz (28 grams) of cannabis from a licensed dispensary. They can also consume marijuana in private homes and at certain designated businesses. However, using cannabis in public places or national parks is illegal. Clark County also has its regulations regarding the cultivation of marijuana plants.

Marijuana laws in Nevada are constantly evolving, so it’s essential to stay up-to-date on the latest changes.

Purchasing Marijuana in Las Vegas

Adults 21 + can purchase up to one oz (28 grams) of cannabis from a licensed dispensary in Las Vegas. Nevada law does not limit the number of dispensaries that can operate in the state, so there are multiple locations to choose from.

Before heading to a dispensary, it’s essential to understand the difference between medical and recreational Marijuana. Nevada state government regulates both types of dispensaries. However, only medical dispensaries can sell cannabis products that contain more than 0.3% THC.

If you’re interested in purchasing marijuana for recreational use, you’ll need to bring a valid government-issued ID to a dispensary. Once you’re inside, a budtender will help you choose the right product for your needs.

Consuming Marijuana in Las Vegas

Adults 21 and over can consume marijuana in private homes and at certain designated businesses, such as cannabis lounges. However, using cannabis in public places, including national parks, is illegal.

If you’re planning to consume marijuana while in Las Vegas, you must be aware of the state’s per se DUI laws. Under Nevada law, drivers can be charged with DUI if they have a blood concentration of 5 nanograms per milliliter (ng/mL) or higher or 15 nanograms per ml of marijuana metabolite for urine.

It’s important to note that employers in Nevada are allowed to drug test employees for marijuana. So, if you’re using cannabis for recreational purposes, you may want to consider abstaining while in the state.

Cultivating Marijuana in Las Vegas

Under NV law, adults 21 and over can cultivate up to six marijuana plants for personal use. However, Clark County has its regulations regarding the cultivation of marijuana plants.

In Clark County, adults 21 and over can cultivate up to 12 marijuana plants for personal use. Additionally, the plants must be grown in a secure, enclosed area that is not visible from public places.

Violating Nevada’s marijuana laws can result in severe penalties, including fines and jail time. For example, possessing more than one ounce of cannabis is a category E felony punishable by up to four years in prison.

Can Out-of-State Visitors Buy Recreational Weed in Nevada?

Yes, out-of-state visitors can buy recreational weed in Nevada! If you are 21 and over and have a valid ID, you can purchase up to one ounce of legal marijuana from a licensed dispensary. However, it is essential to note that cannabis concentrates are only legally allowed for medical patients with valid IDs.

Even so, if you’re an out-of-towner, you can still get cannabis concentrates with a valid medical marijuana card. While recreational users can purchase and possess up to one ounce of weed, many dispensaries only allow a quarter ounce per visit.

Also, it’s important to remember that recreational marijuana use is still illegal in public places, so consuming your marijuana in Nevada needs to be on the down low. You may be subject to fines and up to six months of community service if caught smoking in public.

Just be cautious and follow the rules, so you don’t get hit up by the law.

What Kind of Weed Products Can I Find in Nevada?

You can find all kinds of flowers, edibles, and more locally around Nevada state, or you can also look into alternative hemp products.

Hemp-derived THC Products Now Nevada

THC from hemp is no different than THC from marijuana. Say you want high potency dispensary grade Delta 9 THC gummies; you can easily buy them online without worrying if it’s legal as long as the total Delta 9 THC is below its legal limit of 0.30% when it comes to hemp-derived THC products.

Besides that, you can select other THC options such as Delta 8 THC, which for many works as an Indica, or if you are looking for a pure experience of Sativa, Delta 10 THC products might be your way.

However, based on the current hemp law in Nevada, you should not buy products that surpass a total THC of 0.30%. Don’t matter if it’s Delta 9, Delta 8, or Delta 10, for that matter.

Want more details about the specifics of Nevada hemp laws, check our articlethat breaks it further down.

Here are some additional suggestions:

Delta 8 Gummies just hit differently! The sweet, candy-like gummy will enchant your tongue while also providing relaxation benefits that make them perfect for any occasion.

Final Thoughts

If you’re visiting Sin City and looking to get your buzz on, check out the plethora of legal cannabis dispensaries available. Just make sure you’re over 21! With all of the recent changes in marijuana laws, there’s no better time than now to explore everything Nevada’s weed scene has to offer. And don’t forget to visit our website BiowellnessX, you’ll be happy you did.

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References:

  1. NV Cultivation- Nevada Cultivation License and Marijuana Laws – 365 Cannabis
  2. Grow Licenses- Nevada Marijuana Industry Licensing & Requirements | Fingerprinting Express
  3. Possession in Las Vegas- Marijuana Possession Charges | Laws & Penalties | Las Vegas, Nevada (halo-attorneys.com)
  4. Farm Bill- Hemp Production and the 2018 Farm Bill – 07/25/2019 | FDA
  5. Medical Marijuana- Medical Marijuana (nv.gov)

LEGAL DISCLAIMER
By reading this legal information, you agree to release the author of any liability related to or arising from your use of this data. This post contains no legal advice. The legal status surrounding Marijuana, Delta 8 THC, Delta 9 THC, and Delta 10 THC, is constantly changing. We continuously work on giving you the most updated information. We recommend checking your current state or federal hemp flower and marijuana laws before purchasing in Nevada. The data in this post is not intended to diagnose, treat, cure or give any individual medical advice. Do your due diligence and always get your doctor’s advice, especially if you are in doubt, taking any prescription medicines, or have a medical condition. Better safe than sorry is always a great idea when consuming new products. 

Frequently Asked Questions (FAQs)

Can my employer test me for smoking mary jane in Las Vegas?

Yes. There are no prohibitions against drug testing in the workplace unless you suspect the testing is because of your race, sex, creed, etc.

Can you take weed on a plane from California to Nevada?

This is a question that many want to know. The answer is NO, you can not fly with weed, and you can not take it across state lines; it is illegal.

How much marijuana can you buy in a day in Nevada?

At any given time, you can not legally possess more than one oz of marijuana or 1/8 cannabis concentrate unless it is medicinal cannabis and you have valid medical marijuana cards.

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