is weed legal in nevada

Is Weed Legal In Nevada: Full Guide

Table of Contents

Is weed legal in Nevada? The short answer is yes! Recreational and medical marijuana are both legal in Nevada. Actually, all weed is legal in Nevada for anyone over the age of 21 years of age. Medical marijuana cardholders must be 18 years of age. But we get down to the nitty-gritty of what you need to know about getting high in the Silver State below.

Is Weed Legal in Nevada? Straight to the point.

  • Recreational THC: Yes
  • Medical THC: Yes
  • CBD: Yes
  • Delta-8: Yes

Medical Weed Laws

The Nevada Medical Marijuana Act, a ballot initiative to legalize cannabis for medical purposes, was approved in 1998 with 59% of the vote. In 2000, it was approved a second time with 65% of the vote. Because the initiative sought to amend the state constitution, it had to be approved in two straight elections. Assembly Bill 453, which was passed in June 2001 and became law on October 1, legalized medical use.

People in Nevada must meet certain medical criteria in order to obtain medical marijuana.

In Nevada, conditions that qualify for a medical cannabis card include but are not limited to:

  • Anorexia
  • Autism
  • Autoimmune disease
  • Cancer
  • HIV
  • PTSD
  • Nausea
  • Anxiety
  • Cachexia
  • Glaucoma
  • Opioid Dependence
  • Seizures (including epilepsy)
  • Severe pain
  • Muscle spasms (including multiple sclerosis). 

A qualifying medical condition may also include other health conditions that are directly related to one’s quality of life and have been approved by qualified medical professionals. In addition to the mentioned medical conditions, people must also prove their residency in Nevada. They must provide the Nevada State Health Division with valid identification for this purpose, such as a state identification card or a driver’s license.

Nevadans with medical marijuana cards are allowed to purchase and possess 2.5 ounces of cannabis (every 14 days). Flowers, concentrates, edibles, and topicals are all forms of medical cannabis. Only those with medical marijuana cards registered in Nevada who live more than 25 miles from the closest state-licensed dispensary are permitted to grow up to 12 cannabis plants. It is a felony in Nevada to cultivate more than the allotted amount. Furthermore, cultivation needs to be done in a closed environment. The grower must ask the owner for permission if they are not the owner of the intended grow site.

Recreational Weed Laws

On November 8, 2016, the state rolled out its current program, which legalized, taxed, and regulated marijuana for adults 21 and older. One ounce or less of marijuana or 3.5 grams or less of marijuana concentrate is legal to possess if you’re over 21. If one lives more than 25 miles from a retail marijuana store that is open for business, it is legal to grow up to six marijuana plants. 

Private homes and authorized social-use locations are the only places you are allowed to keep and use marijuana recreationally. Otherwise, it is illegal to have marijuana for recreational use.

Is Weed Decriminalized in Nevada?

The simple answer is yes, weed has been decriminalized in Nevada…as long as you follow the regulations, laws, and restrictions set by Nevada’s Department of Taxation (NDT). Limits on possession, consumption locations, purchase locations, transportation, cultivation, consumer age requirements, and sharing marijuana with others are a few examples of those regulations, laws, and restrictions. Follow below to see those more in-depth.

Cannabinoid Variants

THC is the most heavily regulated cannabinoid and the dominant cannabinoid found in marijuana. However, in recent years, hemp-derived cannabinoids have forged a new market and come with varying regulations. 

Is CBD legal in Nevada?

The 2018 Farm Bill legalized industrial hemp production in the United States. This legislation opened up vast possibilities for CBD-rich hemp to enter the mainstream market, allowing consumers to purchase CBD in retail establishments and online. CBD is often found in supplements, topicals, edibles, portable vape pens, home goods, and beauty and body care products. 

The Farm Bill legally protects CBD production, but it is not without stipulation. All commercially available CBD products must be derived from hemp and contain less than 0.3% Delta-9 THC. However, some states have elected to regulate CBD independently and may have further restrictions on its use and distribution. When a person asks, “Is CBD legal in Nevada?” Unanimously, the response is yes!

Is Delta-8 legal in Nevada?

Nevada is one of few states that has chosen to ban Delta-8 THC. Many states allow THC isomers so long as they follow the guidelines set forth by the Farm Bill. However, Nevada lawmakers disagreed. Delta-8 THC was added to the state’s list of prohibited substances in Senate Bill 49, which was passed in June 2021.

Is Delta-10 legal in Nevada?

Much like Delta-8 THC, Delta-10 is also illegal in Nevada. SB49 bans all THC isomers, regardless of origin, when sold outside dispensary channels.

Are THC-O and other THC variants legal in Nevada?

In recent years, alternative hemp-derived cannabinoids have dominated the market as a more accessible way to get high. However, they have existed in a legal gray area until February 2023. 

The Drug Enforcement Administration (DEA) has declared Delta-8-THC-O and Delta-9-THC-O illegal controlled substances. These compounds are not naturally occurring in either hemp or marijuana and are considered synthetic cannabinoids. 

The 2018 Farm Bill legalized industrial hemp and its byproducts so long as they contain no more than 0.3% Delta-9-THC by volume. The market for cannabinoids has grown in the states since then as several alternative cannabinoids emerged, including synthetic THC isomers. 

For the time being, this latest update does not affect alternative cannabinoids like THC-JD, THC-P, THCP-O, THC-H, and THC-B because they do exist naturally in trace amounts. Advocates feel that only the end of the federal prohibition on marijuana will successfully regulate synthetic or naturally occurring cannabinoids.

Are HHC and HHC-O legal in Nevada?

HHC is a naturally occurring cannabinoid that may not sound like other acronyms for tetrahydrocannabinols. However, HHC and HHC-O are both banned in Nevada because they are, in fact, THC isomers when produced in a lab. Much like Deltas 8 and 10, HHC occurs in such small quantities that it requires extraction to produce tangible amounts for product infusion. HHC and any of its derivatives are illegal in Nevada.

Cultivation Laws

According to Nevada marijuana laws, growers are only allowed to grow up to 6 plants (a total of 12 per household) for personal use if they are more than 25 miles away from the closest licensed dispensary. Although growing more than 12 plants is a felony, Nevada State Prison is frequently substituted for probation by the court.

Nevada medical marijuana cardholders adhere to slightly looser regulations. They are only permitted to grow their own marijuana plants if:

  • The dispensary is unable to provide the cardholder with marijuana
  • The cardholder is too sick to travel to the dispensary 

Although marijuana use for recreational purposes is now legal in Nevada, only authorized dispensaries are allowed to sell it. It is a serious felony to possess marijuana with the intent to sell it outside of this legal framework. As a result, you cannot sell plants that you grow.

The Nevada Department of Taxation’s Marijuana Enforcement Division requires all marijuana facility owners, officers, board members, staff, volunteers, and contractors to apply for a marijuana establishment agent card. It is advised that you apply on the Marijuana Agent Card online application portal as your initial action. The CCB (Cannabis Compliance Board) will email you the fingerprint form after you have finished the papers. After payments have been received and posted, temporary agent card letters will be emailed as soon as practical, given the circumstances.

For more information on obtaining a cultivation license in Nevada, visit their website

Where to Buy Weed in Nevada

Nevadans have plenty of options for purchasing cannabis. Here are all the ways you can shop. 


There are 80 dispensaries in Nevada where people over the age of 21 can buy marijuana for recreational purposes. Bring only a valid government-issued ID, such as a passport or driver’s license. It must be able to be scanned to verify that it is the real deal and cannot be expired.


In Nevada, you can order marijuana to be delivered to your home or another private residence. Delivering marijuana to any hotel in Las Vegas while you are a visitor is prohibited. If you’re just passing through, though, you can often get discounts for using an Uber, Lyft, or taxi to get to a dispensary.

Direct to Consumer

Nevada allows direct-to-consumer sales as long as the brand delivers to your area. This may vary depending on the brand, the state where the brand is located, and other parameters established by the company.

Black Market

Despite legalization efforts, the marijuana black market remains active. The illegal purchase of weed from a black market dealer comes with serious risks. Not only is it difficult to determine the potency and purity of the product, but the legal implications can be disastrous. In some cases, a mere slap on the wrist, but in others, buying weed illegally results in jail time or a prison sentence. For those that live in a state with a medical or recreational marijuana program, it’s best to obtain cannabis through legal channels.

General FAQ

Where can you smoke weed in Nevada? 

In Nevada, it is illegal to use marijuana in public. On private property, which in the spirit of the law is meant to be your own home or at another private residence with permission, you are allowed to smoke marijuana or use marijuana in any other way (including edibles).

Can you smoke weed in public in Nevada? 

No, as of right now, only persons in private residences in Nevada are allowed to consume recreational marijuana. Las Vegas, though, is approving “lounges” where customers can smoke marijuana in public.

When was weed legalized in Nevada?

The Initiative to Regulate and Tax Marijuana (Ballot Question 2) was approved by Nevada voters in 2016. As a result, adult recreational marijuana use, possession, and purchase became legal in Nevada on January 1, 2017.

Punishment for Illegal Acts FAQ

What are the penalties for selling, gifting, transporting, or importing weed?

The minimum penalty for marijuana possession, sale, transportation, importation, or cultivation is: Any quantity (first offense) of possession is a misdemeanor punishable by a minimum of $1,000 in fines and one year in jail. Any quantity of possession (second offense) is a misdemeanor punishable by a maximum of two years in jail and a minimum fine of $2,500. 

The possession of 50 kg or more starts with a felony punishable by a minimum of five years in prison and a fine of $250,000. If you cultivate or sell any quantity with a felony minimum starting bid, you face up to five years in prison and a $250,000 fine.

What is the penalty for selling to a minor?

Selling marijuana to a minor in Nevada is a category A felony. Punishments include a possible life sentence with parole after a minimum of five years. Fines range up to $20,000 with possible fees associated to the minor’s drug treatment fees.

What is possession with the intent to sell?

Possession with intent to sell is when you possess more marijuana than you can reasonably consume. It is assumed that the excess is intended to sell for profit. It is a crime to have an illegal substance, including marijuana, in your possession with the intent to distribute it. Even for a first offense, a person who is found guilty faces a mandatory minimum sentence of two years in prison and a potential life sentence.

When is possession still a crime?

Possession is a crime when you carry, hold, or store an illegal product in excess of legal limits.

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