Nevada

Navigating Nevada State Laws:

Patients and Caregivers: Enrolling and Accessing Medical Cannabis

Medical Professionals: Procedures for recommending Medical Cannabis

Policymakers and Advocates: Actions Needed to Improve Laws for Patients

NOTICE: It can be challenging for patients to determine which businesses offering cannabis products are licensed and approved by the state. Review this list of medical cannabis retailers and/or a list of adult use retailers to find out where to purchase regulated cannabis in Nevada. 

Traveling? Get more information about traveling in the US here. 

Home cultivation is allowed in Nevada, for adults who reside more than 25 miles from a licensed dispensary. Six plants per person or twelve for the household, for recreational use if permitted by the property owner.

Get involved locally!

Cannabis is legal to all adults over 21 in Nevada. Any adult may cultivate up to six plants at home, patients may have up to 12. Patients surveyed in Nevada report high costs of medicine as their primary barrier to access and blame the recreational market for a lack of product availability. SB 374 authorized reciprocity for out-of-state patients, Nevada allows visiting patients with valid medical cannabis cards to shop at in-state dispensaries. Patients and caregivers are exempt from arrest and prosecution for conduct allowed under state law, such as purchasing and possessing medical cannabis acquired from a state-licensed dispensary. In 2017, the state increased employment protections. Details on how these laws apply to patients and medical professionals can be found below.

Individuals in the state of Nevada may petition to have their records sealed for any offense that is “no longer punishable as a crime”. Although if a prosecutor is able to establish “good cause” not to grant the petition, the petition will not stand. Those who were convicted of a minor cannabis offense (including those convicted of possessing 1 ounce or less) have been pardoned by Nevada’s Board of Pardons Commissioners. Review the state's record sealing FAQ and the Guide from Nevada Legal Services for more information.

Here is a breakdown of how Nevada fared in ASA’s Annual State of the States Report, which evaluates the effectiveness of each state cannabis program from a patient perspective and assigns a grade using a rubric that reflects the key issues affecting patient access. Medical cannabis laws are constantly changing, ASA’s policy recommendations for Nevada can be found below. For policy updates Sign Up here or Take Action!

Patient Rights and Civil Protections	70/100
Arrest Protection 25/25 Affirmative Defense 20/20 Parental Rights Protections 0/20 DUI Protections 0/10 Employment Protections 20/20 Explicit Privacy Standards 5/5
Access to Medicine	80/100
Authorizes Retail Access 10/10 Alternative Accessibility Methods 20/20 - Authorizes Delivery 10/10 - Authorizes Curbside Pickup 10/10 Personal Cultivation 5/15 Collective Gardening 0/5 Sufficient Number of Licensed Retailers 25/30 Reciprocity 20/20
Program Functionality	71/100
Legal Protections Within Reasonable Time Frame 16/20 Reasonable Possession Limits 10/10 Reasonable Purchase Limits 10/10 Telemedicine for Physician Certifications 15/15 Patient and Physician Representation in Program Decision Making 0/20 Reasonable Caregiver Standards 5/5 - Background Checks 2/2 - Number of Caregivers 3/3 Reasonable Physician Standards 5/5 Access to Administration Methods 10/10 - Allows Dried Flower 5/5 - Allows Edibles, Concentrates, and Other Forms 5/5 Provides Access to Minors on School Grounds 0/5
Affordability	60/100
Sales Tax Break for Patients and Caregivers 20/20 Covered by State Insurance or Health Aid 0/20 Reasonable Registration Fees 20/20 Financial Hardship Waivers or Discounts 10/20 Donation Program 0/10 Allows Multi-Year Registrations 10/10
Health and Social Equity	39/100
State Program Protections 25/25 Housing Protections 0/25 Access for Minors 5/10 Access in Underserved Areas 1/10 List of Qualifying Conditions is Exhaustive or All Inclusive 8/10 Allows Patients to Medicate Where they Choose 0/10 Organ Transplants 0/5 Ownership or Employment Restrictions 0/5
Consumer Protection and Product Safety	148/200
Cultivation Operations 36/50 Quality Management Systems 10/10 Staff Training 10/10 Standard Operating Procedures 5/8 - Facility and Equipment Sanitation 1/1 - Workplace Safety 0/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Water Management 0/1 - Records Management 0/1 Pesticide Usage Limitations 2/2 Environmental Impact Regulations 0/2 Required Testing 8/8 - Cannabinoids 1/1 - Terpenes 1/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 1/1 - Foreign Matter 1/1 - Moisture Content/ Water Activity 1/1 Packaging and Labeling 1/3 - Cannabinoids 1/1 - Terpenes 0/1 - Pesticides 0/1 Complaints, Adverse Event Reporting, and Recall Protocol 0/7 Manufacturing Operations 37/50 Quality Management Systems 10/10 Staff Training 10/10 Standard Operating Procedures 5/7 - Facility and Equipment Sanitation 1/1 - Workplace Safety 0/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 0/1 Environmental Impact Regulations 0/3 Required Testing 9/10 - Cannabinoids 1/1 - Terpenes 0/1 - Microbials 1/1 - Aflatoxins 1/1 - Pesticides 1/1 - Heavy Metals 1/1 - Residual Solvents 1/1 - Homogeneity 1/1 - Foreign Matter 1/1 - Water Activity 1/1 Packaging and Labeling 3/5 - Cannabinoids 1/1 - Terpenes 0/1 - Ingredients 1/1 - Allergens 1/1 - Nutritional Content 0/1 Complaints, Adverse Event Reporting and Recall Protocol 0/5 Dispensary Operations 30/50 Staff Training 20/20 Standard Operating Procedures 5/7 - Facility Sanitation 1/1 - Workplace Safety 0/1 - Storage 1/1 - Batch and Lot Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 0/1 Product Testing 5/10 - Product Meets Requirements Before Sale 5/5 - COA Disclosure 0/5 Complaints, Adverse Event Reporting and Recall Protocol 0/13 Laboratory Operations 45/50 Independent or Third-Party 5/5 Laboratory Sampling 0/5 Method Validation 4/4 Quality Management Systems 5/5 Staff Training 20/20 Standard Operating Procedures 7/7 - Facility and Equipment Sanitation 1/1 - Equipment and Instrument Calibration 1/1 - Workplace Safety 1/1 - Sample Tracking 1/1 - Security 1/1 - Waste Disposal 1/1 - Records Management 1/1 Result Reporting 4/4
Score Penalties	0/100
Gives Regulatory Preference to Adult Use 0/20 Classifies Cannabis as a Medicine of Last Resort 0/15 Administrative or Supply Problems 0/15 Requires Vertical Integration 0/10 Creates New Criminal Penalties for Patients 0/10 Limits Patients to a Single Retailer 0/10 No System for Adding Qualifying Conditions 0/10 Imposes Bans or Limits on THC 0/5 Imposes Bans or Limits on CBD 0/5
Excerpted from ASA's 2022 State of the States Report.