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Nevada Cannabis Law Guide: Is Cannabis Legal in Las Vegas?

Why yes! Cannabis is legal in Las Vegas!

But that doesn’t mean we’ve turned the city into a Mary-Jane-free-for-all.

We still have laws you gotta follow if you’re going to enjoy the fruits of our legal cannabis industry.

And believe us when we say that we really, really, REALLY want you to enjoy those fruits.

(We are a dispensary after all!)

So take a quick look at our Nevada Cannabis Law Guide so that you can be up to date on the “dos and don’ts” of cannabis consumption in the Silver State!

Are Both Medical AND Adult-Use (Recreational) Cannabis Legal in Nevada?

Yup!

How Old Do I Have to Be to Purchase Cannabis?

Medical Patients: At least 18 years old

Adult-Use Customers: At least 21 years old

How Much Cannabis Can I Possess?

Medical Patients: If you have a valid, medical cannabis card, you can buy up to 2.5 oz of flower or an equal amount of concentrate within a 2-week period.

Adult-Use Customers: Customers can purchase 1 oz of cannabis flower or 1/8 oz of cannabis concentrate per transaction (1/8 oz of cannabis flower = 3500 mg of THC concentrate).

IMPORTANT NOTE: It’s up to you, the customer, to keep track of how much cannabis you buy and possess. Dispensaries do not enforce possessions limits but will not sale more than 1 oz of flower or 1/8 oz of cannabis concentrate per transaction (medical or adult-use).

How Much Tax Do I Have to Pay on Each Purchase?

Medical Patients: No retail excise tax. (Sales tax?)

Adult-Use Customers: 10% excise tax. (Sales tax?)

Is There a Difference Between the Types of Products That Medical Patients and Adult-Use Customers Can Purchase?

Yes!

Medical patients can purchase edibles and concentrates with a higher THC-milligram count than adult-use customers.

Adult-Use Customers: You can purchase edible products that contain up to 100 mg of THC.

Medical Patients: There’s no limit to the amount of THC an edible product can contain.

Can I Grow My Own Cannabis?

Yes…but under certain conditions.

Medical Patients: If you live more than 25 miles away from the nearest dispensary, you can grow up to 12 plants if you have the appropriate medical patient card as a Nevada patient.

If two qualifying medical patients live in the same house, each patient can grow 12 plants for a total of 24 plants, but that’s the limit of allowable plants, no matter how many qualifying patients are living in the house.

Adult-Use: If you live more than 25 miles away from the nearest dispensary, you can grow up to 6 plants.

Here’s a list of additional medical exceptions that would allow you to grow cannabis even within 25 miles of a dispensary if you are a qualifying patient:

  • You need a specific strain to treat your medical condition, but it’s

unavailable at your dispensary.

  • You can’t afford the cost of medical cannabis.
  • You’re too sick to travel to a dispensary and don’t have a caregiver who can do it for

you.

IMPORTANT NOTE: The burden of proof is on you, not the police, to demonstrate that you meet the above exceptions.

And even if you do meet these exceptions, the police are still likely to arrest you, confiscate your plants, and force you to prove your case in court.

As a general rule, it’s best not to let the police inside your house without a warrant. However, if you’re growing your plants outside in plain view, the police can confiscate them. So keep them out of sight!

2nd IMPORTANT NOTE: There’s no size minimum for what is considered a plant. If you cut a clone off of a main plant, you now have two plants.

If you cut off ten clones, you now have eleven plants (10 clones and the 1 mother plant).

Naturally, possession limits still apply, so if your plants produce more than 1 oz of flower for adult-use or 2.5 oz for medical use, you’re violation of the law.

Is Cannabis Still Illegal Under Federal Law?

Unfortunately, yes. Even though medical cannabis is legal in 33 states and adult-use cannabis is legal in 10 states, the plant still remains illegal under federal law.

Cannabis is listed as a Schedule 1 drug on the Controlled Substances Act, which means the federal government doesn’t believe it has any medicinal value.

However, due to the recent passage of the Farm Bill, hemp is now legal in all 50 states, and that also includes hemp-derived CBD.

Does That Mean I Can’t Use Cannabis On Federal Lands?

Yes, that’s exactly what it means. You’re not allowed to use cannabis on federal lands (ex. Red Rock Canyon, Lake Mead), even if you have a valid medical cannabis card.

Where Can I Legally Consume Cannabis?

You can only consume cannabis inside of a private place.

You are not allowed to consume out in public, inside of a casino, in a hotel room, or inside of a car.

If you’re caught using cannabis in public, you’ll be slapped with a misdeamnor and fine of up to $600.

So only use it in your house or apartment!

Are There Any Legal Cannabis Consumption Lounges in Nevada?

Not yet.

For those of you who don’t know what a cannabis consumption lounge is, it’s essentially a licensed cannabis “bar” where people can legally consume in public.

Such lounges already exist in Denver and San Francisco, and they already have a lot of support here in Nevada – both on the city and state level.

The City of Las Vegas is still holding public workshops on the best way to create and regulate consumption lounges.

Meanwhile, Nevada Governor Steve Sisolak signed an executive order creating an advisory panel that will, in turn, help create a Cannabis Compliance Board. The panel will be addressing many issues related to the legal cannabis industry, including the creation of consumption lounges.

Driving With Cannabis in Your Car

This should go without saying, but it’s illegal to drive while under the influence of cannabis. First-time offenders can receive a $400 – $1000 fine and possible jail time.

Keep in mind that the legal limit is 2 nanograms of active THC in your blood, which is very low. Because people have different levels of tolerance to cannabis, you might have more than the legal limit in your blood and not feel impaired at all.

If you’re transporting cannabis in your car, keep it out of sight, preferably in a bag, glove compartment, or your trunk.

Do not put your cannabis on the seat next to you while you’re driving. If a cop pulls you over and sees your cannabis in plain view, they will have reasonable suspicion that you are driving under the influence.

To avoid being pulled over in the first place:

  • Make sure your headlights and tail lights work.
  • Don’t drive over the speed limit.
  • Don’t consume cannabis in your car!

Can I Transport Cannabis Across State Lines?

No. It’s a violation of federal law to transport cannabis across state lines, even if you’re traveling to a cannabis-legal state like California.

It’s also illegal to take cannabis past a TSA checkpoint at the airport.

The good news is that if you’re flying out of Las Vegas to another state, McCarran Airport has cannabis disposal boxes that you can use to get rid of unused products.

Is It Legal to Buy Cannabis From an Unlicensed Seller / Black Market?

No, you can only purchase cannabis from a licensed dispensary.

We hope you found our Nevada Cannabis Law Guide helpful! If you have additional questions about Nevada cannabis law, or if you’re interested in learning more about our products, contact us at any of our three Essence locations – Las Vegas Strip, Tropicana West, and Henderson!

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