Recreational marijuana is legal in Las Vegas and throughout Nevada, but with limits.
There are six key things to know:
- Adults 21 and over may possess up to one ounce of marijuana or 1/8 ounce of cannabis concentrate.
- It is illegal to possess larger quantities unless you are a licensed vendor/retailer.
- Because marijuana is still illegal under federal law, it is illegal to possess weed on federal property within the state, such as military bases and national parks.
- Marijuana may not be consumed in public in Nevada, including in casinos and hotel rooms. That said, there is very lax enforcement of this rule.
- Only licensed dispensaries may sell pot.
- In 2022, public consumption may become legal in licensed social use venues. Currently, the only legal cannabis consumption lounge is The Vegas Tasting Room.
On this page our Las Vegas criminal defense attorneys provide an overview of Nevada marijuana laws:
- 1. Is weed legal in Nevada?
- 2. Where can marijuana be purchased?
- 3. Is it legal to grow and cultivate cannabis?
- 4. Who is allowed to sell or distribute marijuana?
- 5. Can minors have marijuana?
- 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?
- 11. Can I be fired for using marijuana?
Adults 21 and older may possess up to 1 oz. of marijuana in Nevada for recreational use.
1. Is weed legal in Nevada?
Weed is legal in Nevada, but only within certain limits. Adults 21 years of age and older may possess up to one ounce of pot for personal use. Or they may possess up to 1/8 of an ounce (3.5 grams) of marijuana concentrate (such as hashish). The concentrate is the separated resin, either crude or purified, containing THC or CBD.
It is illegal to consume recreational cannabis outside a private residence. And residential owners may prohibit marijuana on their own property.
Examples of public places where use of marijuana is illegal under state law include:
- Hotel rooms,
- Casinos,
- Schools and universities,
- Dorm rooms,
- Common areas in apartment buildings,
- Offices buildings,
- Restaurants,
- Bars,
- Stadiums,
- Vehicles,
- Public restrooms, and
- Federal property1
Las Vegas has legalized public pot consumption in social use venues. But the governor delayed this legalization until 2022. However, people can currently consume pot legally in the Paiute cannabis lounge.2
Note that some hotels sell themselves as “cannabis friendly.” But call ahead of time to make sure they permit marijuana on-site. And know that even if the hotel allows cannabis use, hotel patrons still run the risk of citation or arrest by police.
1.1. Penalties
Smoking weed in public is a misdemeanor carrying a $600 fine in the state of Nevada.
A first offense of having more than 1 oz. but less than 14 grams is a category E felony. Courts grant eligible defendants who plead guilty or no contest 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.)
And public possession of paraphernalia for marijuana consumption is a misdemeanor carrying up to six months of jail time and/or up to $1,000 in fines.
- Learn more about marijuana possession laws (NRS 453.336)
2. Where can marijuana be purchased?
In licensed dispensaries. Purchasers must show their ID. And they may not consume the pot until they get home.
On the drive home, the weed 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.
2.1. Dispensaries
Most marijuana dispensaries are in Las Vegas, Henderson, and Reno. A county’s population determines the number of dispensaries it can license.
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.
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.
Many dispensaries are licensed to sell both recreational and medical marijuana. Consumers of recreational pot pay a regular sales tax.3
3. Is it legal to grow and cultivate cannabis?
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 marijuana plants. No household may have more than 12 plants total.
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.4
3.1. Penalties
Growing more than the 12-plant maximum is a category E felony. Category E felony convictions carry probation and a suspended sentence, with a possible sentence of up to 1 year in jail. (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.)
The penalties for unlawfully growing weed within 25 miles of a licensed dispensary increase with each conviction:
| Conviction for growing marijuana within 25 miles of a dispensary | Nevada penalties |
| 1st time | Misdemeanor:
|
| 2nd time | Misdemeanor:
|
| 3rd time | Gross misdemeanor
|
| 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:
|
- Learn more about marijuana cultivation laws (NRS 453.3393)
4. Who is allowed to sell or distribute marijuana?
Only licensed dispensaries may sell and distribute pot in Nevada. Weed may not be driven or transported between state lines. It makes no difference if marijuana is legal in both states.
Weed also may not be sent through the mail. When the USPS detects pot, it may make the delivery only to arrest the recipient.5
4.1. Penalties
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.
A first-time offense of selling pot is a category C felony. It carries one to five years in prison and possibly up to $10,000 in fines.
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.
It may be possible to get pot charges reduced or dismissed through a plea bargain.
- Learn more about marijuana possession for sale laws (NRS 453.337)
- Learn more about selling marijuana laws (NRS 453.321)
- Learn more about trafficking marijuana laws (NRS 453.339)
5. Can minors have marijuana?
No one under age 21 may possess weed in Nevada. The only exception is people with medical marijuana cards.
Juveniles under 18 caught with marijuana face delinquency charges, including a driver’s license suspension of 90 days to 2 years.6
See our related article on contributing to the delinquency of a minor.
6. Is DUI of marijuana a crime?
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 pot levels:
- Blood: At least 2 nanograms per milliliter (or 5 nanograms per milliliter of marijuana metabolite);
- Urine: At least 10 nanograms per milliliter (or 5 nanograms per milliliter of marijuana metabolite)
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.
Note that it is a misdemeanor carrying a $600 fine to drive with an open container of marijuana, even if no one is consuming it. After purchasing marijuana from a dispensary, be sure to store it in a sealed container in the trunk so it is out of reach from the passenger area. And it is also a crime to cross state lines with marijuana in the car.7
- Learn more about driving under the influence of marijuana (DUID)
7. What are the medical marijuana laws?
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 medical use Minor Release Form. This parent or guardian also acts as the primary caregiver.
The medical card must be issued by Nevada or one of the following reciprocal states:
Cardholders may buy up to 2.5 ounces of usable weed within a 14-day period. Usable weed includes:
- Edibles
- Flowers
- Concentrates
- Topicals
Medical marijuana cardholders can buy 2.5 ounces of one type of medical cannabis. 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.8
- Learn more about the Nevada Medical Marijuana Program.
8. Is pot still illegal under federal law?
Yes, marijuana is a Schedule I controlled substance under federal law. Though federal law enforcement officers are unlikely to bust recreational users or licensed dispensaries, especially now that President Biden has pardoned all federal marijuana convictions.
In addition, people caught with weed may be ineligible for federal financial aid. This includes:
- Work-Study programs;
- Pell grants;
- Perkins loans;
- PLUS loans; or
- Supplemental Educational Opportunity Grants;
Weed users may also be ineligible for federal housing benefits. Pot users may not purchase a gun. And pot is banned on federal property. Examples include federal buildings, parks, and military bases.
Furthermore, businesses that accept large amounts of federal funding have to follow the Drug-Free Workplace Act of 1988.9
9. Can the cases be sealed?
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.10
| 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 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 |
Learn more about sealing Nevada criminal records.
10. What are the immigration consequences?
All marijuana crimes are deportable with one exception: Possessing 30 grams or less for personal use.11
Non-citizens facing prosecution should hire an attorney immediately. The attorney may be able to get the charge dropped. Or he/she may get the charge reduced to a non-deportable offense.
11. Can I be fired for using marijuana?
Yes. Nevada employers can drug-test their employees and fire them for having consumed marijuana.12 But if the employer drug-tested the employee for an illegal reason (such as for the employee’s race, nationality, religion, etc.), then the employee may have legal recourse to recover lost wages and/or be reinstated.
Learn more about Nevada drug crimes. See our related article, Is Weed Legal in Nevada?
¿Habla español? Más información acerca de las leyes de marihuana.
Arrested in California? Go to our article on California pot laws.
Arrested in Colorado? Go to our article on Colorado pot laws.
Legal References
- NRS 453.336; On November 8, 2016, Nevadans voted on Ballot Question 2 to legalize recreational pot. This is also called the Regulation and Taxation of Marijuana Act. It went into effect on January 1, 2017.
- Dan Hernandez, “‘The tribe has taken over’: the Native Americans running Las Vegas’ only cannabis lounge“, The Guardian (November 11, 2019).
- NRS 678B.
- NRS 678C.200.
- NRS 678C (formerly NRS 453D); 18 U.S.C. 1716.
- NRS 678C. NRS 62E.630. (NRS 453D.400 has been repealed.)
- NRS 484C.110. NRS 453.336. NRS 454.351. See also State v. Tenth Judicial Dist. of the Nev. (2015) 131 Nev. 1350 (unpublished).
- NRS 678C. Medical cannabis has been legal and regulated since November 7, 2000. Baker v. State (Nev. 2021) 488 P.3d 579.
- Section 484 subsection R of theHigher Education Act of 1998; Federal Form 4473; 41 U.S.C. 8101-8106. Katelyn Newberg, Nevada’s drug classification for cannabis ruled unconstitutional, Las Vegas Review-Journal (September, 14, 2022)(“[This] ruling will prevent people from being prosecuted for marijuana-related crimes under laws that only apply to Schedule 1 drugs but don’t specifically reference marijuana.”). Ken Liptak, Biden pardons all federal offenses of simple marijuana possession in first major steps toward decriminalization, CNN (October 6, 2022).
- NRS 179.245; NRS 179.255.
- 8 U.S.C. § 1227(a)(2)(B).
- Ceballos v. NP Palace (2022) 138 Nev. Adv. Op. 58 (“NRS 613.333 creates a private right of action in favor of an employee who is discharged from employment for engaging in “the lawful use in this state of any product outside the premises of the employer during the employee’s nonworking hours.” The question presented is whether adult recreational marijuana use qualifies for protection under this statute. We agree with the district court that it does not. Although Nevada has decriminalized adult recreational marijuana use, the drug continues to be illegal under federal law. Because federal law criminalizes the possession of marijuana in Nevada, its use is not “lawful . . . in this state” and does not support a private right of action under NRS 613.333. Further, because NRS 678D.510(1)(a) authorizes employers to prohibit or restrict recreational marijuana use by employees, an employee discharged after testing positive at work based on recreational marijuana use does not have a common-law tortious discharge claim.”).