Nevada's Medical Marijuana Law & Regulations Nevada's Medical Marijuana Law & Regulations

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 12 plants or less and possess no more than 2 ½ ounces of cannabis in a single 14-day period. Designated primary caregivers and medical marijuana establishments with approval from the Department of Health and Human Services are also protected under the law. In April 2014, Senate Bill 374 was enacted, establishing a statewide medical cannabis distribution program. It allows for the creation of up to 66 dispensaries and 200 production facilities, regulated by the Department of Health and Human Services. 

Laws:

NRS 453A - Medical Use of Marijuana

Regulations:

NAC 453A

Brief Summary of Legislation:

QUALIFYING PATIENTS

  • Must be a resident of Nevada
  • Must be in the care of an attending physician who is licensed in Nevada
  • Must be diagnosed with a chronic or debilitating medical condition
  • Must be informed by attending physician about benefits and risks of medical marijuana
  • Must receive written documentation that medical marijuana could mitigate diagnosis
  • Must register with the State of Nevada and obtain a valid identification card*
  • Must not possess more than 2 ½ ounces of cannabis in a single 14-day period*
  • Must not possess more than 12 cannabis plants at one time*

*Patients who exceed possession amounts and/or do not participate in state-run registry are subject to prosecution, but entitled to present a medical necessity defense in court

ATTENDING PHYSICIANS

  • Must be a Doctor of Medicine or Doctor of Osteopathy
  • Must be licensed to practice medicine in Nevada
  • Must be responsible for treatment of person diagnosed with chronic or debilitating condition
  • Must make personal assessment of patient history and medical conditions
  • Must inform patient about risks and benefits of medical marijuana
  • Must have informed consent of custodial parent or legal guardian when patient is under 18
  • Must sign written document stating that patient has a chronic or debilitating medical condition and that medical marijuana could mitigate the diagnosis

DESIGNATED PRIMARY CAREGIVERS

  • Must be 18 years of age or older
  • Must have significant responsibility for the well being and care of the registered patient
  • Must be designated as a primary caregiver by the patient
  • Must be issued a registry identification card from the State of Nevada on behalf of the patient
  • Must not possess, produce or deliver more than 12 plants or over 2 ½ ounces of cannabis in a single 14-day period**

**Designated primary caregivers who exceed possession amounts are subject to prosecution, but entitled to present a medical necessity defense in court

MEDICAL MARIJUANA ESTABLISHMENTS

  • Establishments include medical cannabis dispensaries, cultivation and processing facilities, as well as independent testing laboratories
  • Establishments must be issued a non-transferable registration certificate with all employees and volunteers receiving a non-transferable state registration card
  • Applicants must own proposed location or provide written consent of property owner and control at least $250,000 in liquid assets to cover required operating expenses
  • Applicants must submit operating procedures for review and provide proof that proposed establishment meets building requirements and other local restrictions
  • Establishments must not be located within 1,000 feet of a public or private school or 300 feet of a daycare center, public park, playground, public swimming pool, religious worship structure or facility with the primary purpose of providing recreational services to children and adolescents
  • Owners, officers, board members, employees and volunteers must be 21 years or older and provide substantial information, including fingerprints, for use in a background check
  • Owners, officers, board members, employees and volunteers must comply with all child support orders and must not have a prior conviction for an excluded felony offense
  • Owners, officers, board members, employees and volunteers must not have had a medical marijuana establishment registration card revoked or been an owner, officer or board member of a medical marijuana establishment which had a registration card revoked
  • Establishments must not dispense, deliver or transfer cannabis to anyone not registered with the State of Nevada, or acquire plants, plant material or cannabis products from anyone not registered