Best Cannabis Law Lawyers in Nevada

About Cannabis Law in Nevada, United States

Cannabis law in Nevada is distinct due to the state's progressive stance on both medicinal and recreational cannabis use. In 2017, Nevada became one of the first states to legalize recreational marijuana alongside its existing medical marijuana program. The laws regulate who may possess, use, cultivate, transport, and sell marijuana, as well as where and how cannabis businesses may operate. Strict guidelines exist regarding age requirements, possession limits, licensing procedures, and penalties for violations. Although cannabis is legal under Nevada state law, it remains illegal under federal law, which creates some important legal nuances for users, patients, and businesses operating within the state.

Why You May Need a Lawyer

Cannabis law is a complex field that blends state, local, and federal legal issues. Common situations that require legal help include facing criminal charges for unlawful possession or distribution, disputes over business licenses, compliance concerns, zoning and land use issues for dispensaries or grow facilities, and employment or landlord-tenant conflicts related to cannabis use. Navigating criminal, civil, and business regulations can be daunting, and legal advice is valuable for those starting a cannabis business, defending against charges, protecting medical patient rights, or addressing employment and housing discrimination. A cannabis law attorney can provide guidance, protect your rights, and help ensure compliance with evolving laws.

Local Laws Overview

Key aspects of cannabis law in Nevada include:

• Adults aged 21 and older may possess up to one ounce (28 grams) of marijuana or up to 3.5 grams of concentrate.
• Private growing up to six plants per person (or up to 12 per household) is allowed only if there is no dispensary within 25 miles of your home, with additional restrictions and registration requirements in place in certain areas.
• Public consumption of cannabis is illegal. Use is limited to private residences and select licensed consumption lounges.
• Driving under the influence of marijuana is strictly prohibited.
• Licensed businesses must adhere to strict rules for production, distribution, and sale, including security, advertising, packaging, and cleanliness standards.
• Medical marijuana patients have specific protections and allowances, including purchase limits and home cultivation under certain conditions.
• Employers may enforce drug-free workplace policies and conduct drug testing even for off-duty marijuana use.
• Federal lands within Nevada remain subject to federal cannabis laws, meaning possession or cultivation is illegal on those lands.

Frequently Asked Questions

Is recreational marijuana legal in Nevada?

Yes, recreational marijuana is legal for adults aged 21 and older, subject to possession and consumption restrictions under state law.

How much marijuana can I legally possess?

Adults can possess up to one ounce of marijuana or 3.5 grams of concentrate. Larger quantities are illegal and can result in criminal charges.

Where can I legally consume marijuana?

Consumption is allowed only on private property with the owner's permission. Public use, including hotels, casinos, and vehicles, is not permitted. Select consumption lounges are available for onsite use.

Can I grow my own cannabis plants?

You may grow up to six plants per adult, or up to twelve per household, only if you live more than 25 miles away from a licensed dispensary, and must comply with local ordinances and security requirements.

Can I drive after consuming marijuana?

Driving under the influence of cannabis is illegal and treated similar to driving under the influence of alcohol. Violations carry significant penalties.

What are the laws for medical marijuana patients?

Qualified patients with a valid registry card may purchase and possess larger amounts and may grow their own plants under certain medical necessity conditions.

Is it legal to transport marijuana?

You may transport legal amounts in a sealed container, out of reach of the driver and passengers. Transporting across state lines or onto federal property is illegal.

Can employers fire me for using marijuana?

Employers may maintain drug-free workplace policies and can take disciplinary action, including termination, for off-duty marijuana use, depending on company policies.

How do I start a legal cannabis business in Nevada?

Starting a cannabis business requires a state-issued license and compliance with strict regulations for location, security, packaging, and business operations. Legal assistance is critical to navigate the application and compliance process.

What are the penalties for breaking cannabis laws in Nevada?

Penalties range from fines to imprisonment, depending on the offense. Unlawful possession, cultivation, distribution, or consumption can have serious legal consequences, especially for repeat offenders or those involved in the sale of large quantities.

Additional Resources

If you need more information or help, the following organizations and government bodies can assist:

• Nevada Cannabis Compliance Board
• Nevada Department of Taxation
• Nevada State Bar Association - Lawyer Referral Services
• Local city and county government offices for specific ordinances
• Local cannabis industry associations for business operators
• Legal aid organizations for those unable to afford private counsel

Next Steps

If you or someone you know needs legal advice or representation for a cannabis-related issue in Nevada, start by clearly documenting your situation, including any relevant paperwork, notices, or correspondence. Seek a lawyer experienced in Nevada cannabis law, especially one familiar with local ordinances in your city or county. Use local bar association referral services, or consult resources provided by the Nevada Cannabis Compliance Board. To protect your rights, never ignore legal notices or court dates, and always communicate openly with your attorney about any questions or concerns. A knowledgeable cannabis law attorney can help reduce your risks, protect your interests, and guide you through the complexities of Nevada's cannabis laws.