In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Criminal Law A to Z
In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
Crimes by NRS Section
Every crime in Nevada is based in a section of the Nevada Revised Statutes (NRS). For each crime, our attorneys explain the laws, penalties and best defenses to fight the charge.
Nevada DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.
Post-Conviction
Even if you’ve already been convicted of a crime, there is still much you can do to seal your record and restore your rights. Our attorneys explain how.
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
Call Us NowPosted on
On November 8, 2016, Nevada voters approved Question 2, the Regulation and Taxation of Marijuana Act (the “Act”).
Effective January 1, 2017, the Act makes it legal for adults aged 21 and over to buy and use recreational marijuana in Nevada.
Nevada is now one of eight U.S. states in which the recreational use of marijuana by adults is, or will soon be, legal.[1]
The Act also permits adults who do not live within 25 miles of a retail marijuana store to grow up to six marijuana plants in an enclosed locked area. There will be an excise tax of 15% on all wholesale marijuana sales, to be paid by licensed cultivators.
Although Question 2 legalized the recreational use of marijuana by adults (with certain restrictions) as of Jan. 1, 2017, it is likely to be at least another year before anyone can legally sell you weed other than medical marijuana.
The Regulation and Taxation of Marijuana Act requires the state of Nevada to enact regulations for the legal sale of marijuana before January 1, 2018. Once those rules are in place, businesses will have to apply for and be issued a license before they can legally sell weed.
In the meantime, however, Nevada medical marijuana users can continue to purchase weed from businesses licensed to sell it. Nothing in Question 2 changed the provisions of NRS 453A, Nevada’s medical marijuana law.
Nevada residents aged 21 and older can legally possess for recreational use:
Except as set forth above, NRS 453.336, Nevada’s law on marijuana possession, remains unchanged.
Possessing more marijuana in Nevada than is legally permissible is a misdemeanor. Penalties can include up to 24 hours of community service, a victim impact panel, and/or an evaluation.
With the passage of Question 2, adults in Nevada may now legally use marijuana in a private home if permitted by the owner. Homeowner’s associations may, however, legally limit or prohibit such use.
It is still illegal in Nevada, however, to use weed:
Additionally, nothing in Nevada’s new recreational marijuana law prohibits employers and governments from prohibiting or restricting marijuana use:
Additionally, it is still illegal to possess or use marijuana on federal property located in Nevada (such as courthouses, National Parks, airports or military bases such as Nellis AFB).
Adults who live more than 25 miles from a retail marijuana establishment may possess, cultivate, process, or transport up to six marijuana plants for personal use within a private home in Nevada (with permission of the occupant), as long as:
Violating Nevada’s new marijuana cultivation laws can result in penalties of up to 24 hours of community service, a victim impact panel, and/or an evaluation.
If you are under 21 years of age, it is a misdemeanor to falsely represent yourself to be 21 or older to obtain marijuana. Simply knowingly entering, loitering, or remaining on the premises of a retail marijuana store (unless you are authorized to possess medical marijuana) can be punished by a fine of up to $500.
Similarly, it is a misdemeanor for an adult to knowingly give marijuana to, or leave it somewhere for, anyone under age 21 unless permitted under Nevada’s medical marijuana law. If the person is under 18, it becomes a Nevada gross misdemeanor and carries the possible penalty of up to one year in jail.
If you or someone you know has been arrested under Nevada’s new recreational marijuana laws, our caring Las Vegas and Reno, Nevada marijuana defense lawyers are here to help. To reach an experienced marijuana attorney call us. We also have lawyers available to help you in California and Colorado.
See our related article, Is Weed Legal in Nevada?
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.