Question 1

Is recreational marijuana legal in Nevada?

Accepted Answer

Adults 21 and older in Nevada may possess up to one ounce of pot for personal use. Or they may possess up to 1/8 of an ounce of marijuana concentrate. Concentrate is the separated resin, either crude or purified.n It is illegal to consume pot outside a private residence. And residential owners may prohibit marijuana on their own property. n Examples of places where pot is illegal include: Hotel rooms, casinos, schools and universities, dorm rooms, common areas in apartment buildings, offices buildings, restaurants, bars, stadiums, public restrooms, and federal property.n Smoking weed in public is a misdemeanor carrying a $600 fine. n A first offense of having more than 1 oz. is a category E felony. Courts grant eligible defendants a deferral of judgment, which means the charge will get dismissed if the defendant completes various court-ordered sentencing terms. Otherwise, category E felony convictions carry probation and a suspended sentence. (But if the defendant has two or more prior felony convictions, the court may order one to four years of Nevada State Prison and a maximum of $5,000 in fines.).

Question 2

Where can marijuana be purchased in Nevada?

Accepted Answer

In licensed dispensaries. Purchasers must show their ID. And they may not consume the pot until they get home.n On the drive home, the marijuana must remain in a sealed container. Ideally it should also be out of view in the trunk or glove compartment. Neither drivers nor passengers may consume pot in a vehicle. n Most dispensaries are in Las Vegas, Henderson, and Reno. A county's population determines the number of dispensaries it can license. n Clark County has the most: 80 licenses. Washoe County has the second-most: 20 licenses. Carson City has four. And the remaining 14 counties have two licenses. n Local governments determine their dispensaries' store hours. And the dispensaries must keep these hours conspicuously posted. Currently, Las Vegas dispensaries may operate between 6:00 A.M. and 10:00 P.M. And in Reno, closing must be no later than midnight. n Many dispensaries are licensed to sell both recreational and medical marijuana. Consumers of recreational marijuana pay a regular sales tax. Wholesalers pay a 15% excise tax. And retailers pay a 10% excise tax.

Question 3

Is it legal to grow and cultivate cannabis in Nevada?

Accepted Answer

Cultivating recreational weed is illegal with one exception. The grower must live more than 25 miles from a licensed dispensary. People who do live more than 25 miles away may grow up to six plants. No household may have more than 12 plants total. n The plants must be located in an enclosed space such as a room, greenhouse, or closet. The space must have a lock or security apparatus. And the plants cannot be visible to the public. If the grower is not the property owner, the grower must get the owner's permission. Growing more than the 12-plant maximum is a category E felony. This carries probation and suspended sentence with a possible jail sentence of up to 1 year. But if the defendant has two or more prior felony convictions, the judge can order 1 to 4 years in prison and up to $5,000 in fines. The penalties for unlawfully growing weed within 25 miles of a licensed dispensary increase with each conviction. A first offense is a misdemeanor carrying a $600 fine.

Question 4

Who is allowed to sell or distribute marijuana in Nevada?

Accepted Answer

Only licensed dispensaries may sell and distribute pot in Nevada. Marijuana may not be driven or transported between state lines. It makes no difference if marijuana is legal in both states. Marijuana also may not be sent through the mail. When the USPS detects marijuana, it may make the delivery only to arrest the recipient. n A first-time offense of possessing pot with the intent to sell it is a category D felony. It carries one to four years in prison and possibly up to $5,000 in fines. n A first-time offense of selling pot is a category B felony. It carries one to six years in prison and possibly up to $20,000 in fines.  n Any action involving 50 pounds or more of weed is prosecuted as trafficking. Depending on the weight, prison sentences range from one year to life. n It may be possible to get pot charges reduced or dismissed through a plea bargain.

Question 5

Can minors have marijuana in Nevada?

Accepted Answer

No one under age 21 may possess marijuana in Nevada. The only exception is people with medical marijuana cards. n It is a misdemeanor for underage people to hold themselves out as 21 to obtain marijuana. The punishment is up to $1,000 in fines and/or up to six months in jail. n It is also a misdemeanor for people under 21 to loiter in dispensaries. The punishment is a $500 fine.n  It is a gross misdemeanor to knowingly provide cannabis to a minor under 18. The punishment is up to $2,000 in fines and/or up to 364 days in jail. If the minor is over 18 but under 21, knowingly providing pot is only a misdemeanor. The penalty is up to $1,000 in fines and/or up to six months in jail.

Question 6

Is DUI of marijuana a crime in Nevada?

Accepted Answer

Yes. Nevada law prohibits drunk driving and drugged driving. Even if the driver is not impaired, it is DUI per se to drive with the following marijuana levels: n Blood: At least 2 nanograms per milliliter (or 5 nanograms per milliliter of marijuana metabolite);n Urine: At least 10 nanograms per milliliter (or 5 nanograms per milliliter of marijuana metabolite). n A first-time DUI conviction with no injury is a misdemeanor. Penalties typically include a fine and suspended jail sentence. The judge also orders DUI school and a victim impact panel. A first-time DUI also carries a six-month driver's license suspension. But defendants can usually drive immediately on a restricted license.

Question 7

What are Nevada's medical marijuana laws?

Accepted Answer

People of any age can apply for a medical marijuana card in Nevada. Their doctor just needs to sign off on it. If the patient is under 18, his/her parent or guardian needs to sign the Minor Release Form. This parent or guardian also acts as the primary caregiver. The card must be issued by Nevada or one of the reciprocal states. n Cardholders may buy up to 2.5 ounces of usable marijuana within a 14-day period. Usable marijuana includes: Edibles, flowers, concentrates, and topicals. n Patients can buy 2.5 ounces of one type of marijuana. Else they can buy a combination that amounts to 2.5 ounces. Patients may purchase their cannabinoids all in one dispensary. Or they may go to several dispensaries. Dispensaries share customer information with each other. So they will not sell cannabis to patients who already met their limit.

Question 8

Is marijuana still illegal under federal law?

Accepted Answer

Yes, marijuana is a Schedule I controlled substance under federal law. The feds are unlikely to bust recreational users or licensed dispensaries. But they could. n In addition, people caught with marijuana may be ineligible for federal financial aid. This includes: Work-Study programs; PLUS loans; Supplemental Educational Opportunity Grants; Pell grants; or Perkins loans. n Marijuana users may also be ineligible for federal housing benefits. Marijuana users may not purchase a gun. And marijuana is banned on federal property. Examples include federal buildings, parks, and military bases. n Furthermore, businesses that accept large amounts of federal funding have to follow the Drug-Free Workplace Act of 1988.

Question 9

Can marijuana cases be sealed in Nevada?

Accepted Answer

Yes, unless the case was for felony DUI. And there is a waiting period, unless the case was dismissed. The length of the wait depends on the crime.

Question 10

What are the immigration consequences?

Accepted Answer

All marijuana crimes are deportable with one exception: Possessing 30 grams or less for personal use.

Conviction for growing marijuana within 25 miles of a dispensary	Nevada penalties
1st time	Misdemeanor: $600 fine
2nd time	Misdemeanor: $1,000 fine
3rd time	Gross misdemeanor Up to 364 days in jail, and/or Up to $2,000 in fines
Subsequent time	Category E felony Probation and a suspended sentence, with a possible jail sentence of up to 1 year. But if the defendant has two or more prior felony convictions, the court may order: 1 – 4 years in Nevada State Prison, and Possibly up to $5,000 in fines

Category of cannabis conviction	Waiting period to get a Nevada record seal
Misdemeanor (not including DUI)	1 year after the case ends
Misdemeanor DUI	7 years after the case ends
Gross Misdemeanor Category E felony	2 years after the case ends
Category D felony Category C felony Category B felony (not including DUI)	5 years after the case ends
Category A felony (not including vehicular homicide)	10 years after the case ends
Felony DUI Vehicular homicide	Never
Dismissal (no conviction)	Right away

1. Is recreational marijuana legal in Nevada?

1.1. Penalties

2. Where can marijuana be purchased?

2.1. Dispensaries

3. Is it legal to grow and cultivate cannabis?

3.1. Penalties

4. Who is allowed to sell or distribute marijuana?

4.1. Penalties

5. Can minors have marijuana?

5.1. Penalties

6. Is DUI of marijuana a crime?

7. What are the medical marijuana laws?

8. Is pot still illegal under federal law?

9. Can the cases be sealed?

10. What are the immigration consequences?

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