Nevada Legal Information
In 2000, 65% of Nevada voters approved Question 9, amending the state constitution to allow the use, possession and cultivation of marijuana by qualifying patients who participate in a confidential state-run registry that issues identification cards. Registered patients could possess up to 2 ½ ounces of cannabis in a single 14-day period, cultivate up to 12 plants or designate a primary caregiver to assist them, and could present a medical necessity defense in court if they possessed over the limit. In April 2014, Senate Bill 374 was enacted, establishing a statewide medical cannabis distribution program. The law allows for the creation of up to 66 dispensaries and 200 production facilities, regulated by the Department of Health and Human Services (DHHS). As of January 2017, 56 dispensaries are open serving patients.
The law also restricted a patient’s ability to cultivate medical cannabis to rare exceptions but increased patient possession limits, created a reciprocity program that allows out-of-state registered patients to register in Nevada with dispensaries and grants the right to purchase medication, and capped the cost of patient registry cards at $100. In 2016, DHHS put the patient applications online and begin issuing temporary cards allowing patients to enroll and access medicine more quickly.
In This Section
Nevada’s medical marijuana law took effect in 2001. It allows attending physicians to recommend the use of cannabis for patients with a variety of medical conditions, providing legal protection for patients who grow no more than 12 plants and possess less than 2 ½ ounces every two weeks. Designated primary caregivers and medical marijuana establishments with approval from the Department of Health and Human Services are also protected under the law. This section includes actual text of the legislation, a brief summary of the law and links to general resources for patients, designated primary caregivers and attending physicians.
To become a medical cannabis patient, a person must be diagnosed with a chronic or debilitating condition and be a resident of Nevada. Patients must register with the state to receive protection from prosecution and may otherwise assert an affirmative defense in court. Some of the qualifying conditions include cancer, AIDS, Glaucoma, PTSD, seizures, cachexia and persistent muscle spasms. This section includes an overview of state requirements for qualifying patients and links to other helpful information.
Medical Doctors or Doctors of Osteopathy who are currently licensed by the State of Nevada may recommend the therapeutic use of cannabis to any patient diagnosed with a chronic or debilitating medical condition. This section includes an overview of state requirements for attending physicians and links to other helpful information.
Every state has varying laws and regulations for caregivers, cultivators and medical cannabis providers. Beginning in 2015, patients in Nevada will be able to access a system of dispensaries through a state-managed distribution program. At that time, home cultivation will no longer be allowed unless the patient is unable to travel, there is not a dispensary within 25 miles or there is not an adequate supply of the variety of marijuana that works best. This section includes an overview of state requirements for medical marijuana establishments and designated primary caregivers, as well as links to other helpful resources.
Unfortunately, patients, caregivers, and providers are still vulnerable to federal and state arrests, prosecutions, and incarceration. They also suffer pervasive discrimination in employment, child custody, housing, public accommodation, education and medical care.