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NEVADA MARIJUANA LAWS

As of January 1, 2017, Nevada became one of the states that legalize recreational use of marijuana for adults 21 and over. Adults may now possess up to 1 ounce of marijuana flower or up to 1/8th of an ounce (about 3.5 grams) of marijuana concentrates. In addition, a person may grow and possess not more than 6 marijuana plants for personal use or persons may have no more than 12 marijuana plants per residence. Excepting plants, possession of quanities of marijuana over one ounce is still a felony.

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In Nevada, marijuana is now defined as all parts of any plant of the genus Cannabis, whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin.

Marijuana does not include the mature stems of the plant, fiber produced from the stems, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stems (except the resin extracted therefrom), fiber, oil, or cake, the sterilized seed of the plant which is incapable of germination or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products.

As stated previously, the penalty for possession of over one ounce of marijuana is a felony and the potential penalty depends on the charge with which you are ultimately convicted. The potential charges for possession of over one ounce of marijuana that you may face are simple possession, possession for sale, transporting marijuana, and trafficking in marijuana.

Nevada approves the medical use of marijuana. The general provisions are that a person and/or their caregiver must make an application to the Health Division of the Department of Health and Human Services with appropriate documentation as prescribed by Nevada Revised Statues (NRS) 453A.210. Once the person and/or their caregiver has been approved and issued a Registry Identification Card (Marijuana Card), they have a limited exemption from state prosecution. NRS 453A.300 lays out those actions by a Marijuana Card holder which are still illegal such as (1) driving under the influence of marijuana, (2) possession of a firearm while under the influence of marijuana, (3) use of marijuana while in a public place or exposed to public view, (4) delivering marijuana to a person who they know does not have a valid Marijuana Card, (5) delivering marijuana to any person for consideration and (6) possession of a quantity of marijuana, marijuana concentrates or marijuana plants greater than the amounts allowed be law.

Persons who possess medical marijuana cards or there equivalent from another state, which is approved by Nevada, may purchase medical marijuana from a Nevada medical marijuana dispensary.