A Guide to Marijuana Laws in Las Vegas, Nevada

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?

1. Is weed legal in Nevada?

Weed is legal in Nevada, but only within certain limits. If you are an adult 21 years of age or older, you may possess up to one ounce of pot for personal use. Or you 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. Plus 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. Currently, the only public place you can consume pot legally in the Vegas Tasting Room.²

Note that some hotels sell themselves as “cannabis friendly.” Though call ahead of time to make sure they permit marijuana on-site. Also know that even if the hotel allows cannabis use, hotel patrons still run the risk of citation or arrest by police.

1.1. Penalties

Under NRS 678D.310, smoking weed in public is a misdemeanor carrying a $600 fine.

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 your charge will get dismissed if you complete various court-ordered sentencing terms. Otherwise, category E felony convictions carry probation and a suspended sentence. (Though if you have 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. You must show your ID. Plus you may not consume the pot until you 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. Plus the remaining 14 counties have two licenses.

Local governments determine their dispensaries’ store hours. Plus the dispensaries must keep these hours conspicuously posted. Currently, Las Vegas dispensaries may operate between 6:00 A.M. and 10:00 P.M. 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. You must live more than 25 miles from a licensed dispensary.

If you live more than 25 miles away, you 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. Also, the plants cannot be visible to the public. If you are not the property owner, you 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. (Though if you have 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.)

Cultivating cannabis within 25 miles of a retail store carries harsher penalties with each successive conviction.

NRS 678D.310 Violations	Penalties
1st offense	Misdemeanor up to $600, or rehab
2nd offense	Misdemeanor up to $1,000 or rehab
3rd offense	Gross Misdemeanor up to $2,000, and/or up to 364 days in jail
4th or subsequent offense	Category E felony probation

• 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.

You can legally gift up to one ounce of marijuana to another adult, but it becomes a crime if the recipient pays you.

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 if you have a medical marijuana card.

Juveniles under 18 caught with marijuana for the first or second time are considered children “in need of supervision” and not delinquent. They get placed under informal supervision and must perform up to 24 hours of community service. For a third or subsequent offense, minors may be charged with delinquency.

Meanwhile, wrongful possession of marijuana by anyone 18 and older – or falsely representing yourself as 21 or older in order to obtain marijuana – is a misdemeanor carrying:

• up to 24 hours of community service; and/or
  
• a victim impact panel; and/or
• an evaluation.

Finally, minors under 21 who loiter at an adult-use cannabis establishment can be fined $500.⁶

To avoid being charged with contributing to the delinquency of a minor, make sure to keep your marijuana in child-proof packaging and out of any child’s reach. It is also a good idea to purchase no more marijuana than you can consume and to keep it on your person to minimize the chances of children getting to it. Refer to Nevada’s Cannabis Compliance Board for more tips.

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)

Considering the human body contains only 5 liters of blood, having only .1 milligrams of THC in your system is enough to fail a blood test. Even if a month passed since you last consumed marijuana, there could still be enough left in your blood to fail a blood test.

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.

Note that it is a misdemeanor 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. Plus 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?

There is no age requirement to apply for a medical marijuana card with the Division of Public and Behavioral Health in Nevada. Your doctor just needs to sign off on it.

If the patient is under 18, their 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 states that permits medical marijuana.

Cardholders may buy up to 2.5 ounces of usable weed within a 14-day period. Usable weed includes:

• Edibles
• Flowers
• Concentrates
• Topicals

If you are a medical marijuana cardholder, you can buy 2.5 ounces of one type of medical cannabis. Else you can buy a combination that amounts to 2.5 ounces. As a patient, you may purchase your cannabinoids all in one dispensary. Or you may go to several dispensaries.

Dispensaries share customer information with each other. So they will not sell cannabis to you if you already met your 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, if you are caught with weed, you 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. Also, pot is banned on federal property. Examples include federal buildings, parks, and military bases. If you get caught, you could get cited or arrested by federal officers/park rangers.

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. Plus 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 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

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 they 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 Though 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.

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Legal References