Becoming a Patient in Nevada
Becoming a Patient Under SB 374
To become a medical cannabis patient in Nevada, a person must be diagnosed with a chronic or debilitating condition and reside in Nevada. Patients must register with the state to receive protection from prosecution and may otherwise assert an affirmative defense in court. Registered patients may legally possess up to 2 ½ ounces in a single 14-day period which they must purchase through the state licensed distribution system of dispensaries. Patients without a dispensary in their county are exempted from this requirement and may cultivate up to 7 plants or designate a primary caregiver to assist them.
SB 374 allows for both adults and minors to become enrolled patients. The minor patient's custodial parent or guardian must sign a "minor release" form in their application, and that custodial parent or guardian must act as the minor's designated primary caregiver.
Individuals applying to become a patient under SB 374 must be diagnosed with one of the following conditions:
- Post-Traumatic Stress Disorder (PTSD)
- Cachexia (wasting and malnutrition associated with chronic disease)
- Persistent Muscle Spasms (including Multiple Sclerosis)
- Seizures (including Epilepsy)
- Severe Nausea
- Severe Pain
- Additional conditions specifically approved by the Department of Health and Human Services
Limitations and Protections under the Law
Patients and caregivers are exempt from arrest and prosecution for conduct allowed under the law, such as purchasing and possessing medical cannabis acquired from a state-licensed dispensary. Patients who exceed possession amounts and/or do not participate in state-run registry are subject to prosecution, but are entitled to present a medical necessity defense in court.
Possession, Growing, and Consumption Limitations
Patients and caregivers may obtain, possess, and administer medical cannabis acquired from a licensed dispensary under the law. Patients are allowed to posses up to 2 ½ ounces of medical cannabis in a single 14-day period. Patients and caregivers are not allowed to cultivate medical cannabis for the patient, unless they lack access to a dispensary, which is defined by a lack of at least one dispensary in the patients's county. individuals without access to a dispensary may cultivate medical cannabis for themselves or a patient in their care. The limit is seven plants (three of which may be mature).
Access to Medical Marijuana
Patients may only legally obtain cannabis from dispensaries licensed by the state. Patients without dispensary in their county may cultivate their own medical cannabis.
Caregivers must apply through the state through a process similar to the one for patients. Caregivers for a minor must complete an additional form.
Housing/Employment/Child Custody/Organ Transplants Discrimination Protection
Nevada's medical marijuana law does not include civil discrimination protection in the areas of housing, employment, child custody, and organ transplants.
Cardholders from other states may purchase medical cannabis from a licensed Nevada dispensary providing they sign an affidavit which also locks them in to only shopping at that single dispensary for the period of one month from signing.