Recreational:
Question 2 permits adults who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants) and to possess personal use quantities of cannabis (up to one ounce of flower and/or up to 3.5 grams of concentrates) while also licensing commercial cannabis production and retail sales. (Home cultivation is not permitted if one’s residence is within 25 miles of an operating marijuana retailer.) Commercial marijuana production is subject to a 15 percent excise tax, much of which is earmarked to the State Distributive School Account.
“Voters in the western region of the United States continue to lead the way toward the eventual nationwide re-legalization of marijuana by responsible adults,” said NORML Deputy Director Paul Armentano. “Despite nearly a century of criminal prohibition, marijuana is here to stay. Our state and federal laws need to reflect this reality, not deny it.”
The new law takes effect on January 1, 2017. Regulations governing commercial marijuana activities must be in place by January 1, 2018.
You can read the full text of the initiative here.
Medical:
State and Relevant Medical Marijuana Laws
Effective: Oct. 1, 2001Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who have “written documentation” from their physician that marijuana may alleviate his or her condition.
Approved Conditions: AIDS; cancer; glaucoma; and any medical condition or treatment to a medical condition that produces cachexia, persistent muscle spasms or seizures, severe nausea or pain, and PTSD. Other conditions are subject to approval by the health division of the state Department of Human Resources.
Possession/Cultivation: Patients (or their primary caregivers) may legally possess no more than two and a half ounces of usable marijuana in a 14-day period and 12 plants.
Registry: The law establishes a confidential state-run patient registry that issues identification cards to qualifying patients. Patients who do not join the registry or possess greater amounts of marijuana than allowed by law may argue the “affirmative defense of medical necessity” if they are arrested on marijuana charges. Legislators added a preamble to the legislation stating, “[T]he state of Nevada as a sovereign state has the duty to carry out the will of the people of this state and regulate the health, medical practices and well-being of those people in a manner that respects their personal decisions concerning the relief of suffering through the medical use of marijuana.” A separate provision requires the Nevada School of Medicine to “aggressively” seek federal permission to establish a state-run medical marijuana distribution program.
Amended:Assembly Bill 453
Effective: Oct. 1, 2001
Created a state registry for patients whose physicians recommend medical marijuana and tasked the Department of Motor Vehicles with issuing identification cards. No state money will be used for the program, which will be funded entirely by donations.
Amended:Senate Bill 374
Signed into law by Gov. Brian Sandoval on June 12, 2013
“Provides for the registration of medical marijuana establishments authorized to cultivate or dispense marijuana or manufacture edible marijuana products or marijuana-infused products for sale to persons authorized to engage in the medical use of marijuana…
From Apr. 1, 2014, through Mar. 31, 2016, a nonresident purchaser must sign an affidavit attesting to the fact that he or she is entitled to engage in the medical use of marijuana in his or her state or jurisdiction of residency. On and after Apr. 1, 2016, the requirement for such an affidavit is replaced by computer cross-checking between the State of Nevada and other jurisdictions.” Patients who were growing before July 1, 2013 are allowed to continue home cultivation until Mar. 31, 2016.
Updates: The Department of Health and Human Services adopted regulations based on the previous amendment on Apr. 1, 2014.
Contact and Program Details
4150 Technology Way, Suite 106
Carson City, NV, 89706
Phone: 775-684-3487
Fax: 775-684-4156medicalmarijuana@health.nv.gov
Website:
NV Medical Marijuana Program
Information provided by the state on sources for medical marijuana:
The medical marijuana program website has a list of 15 open dispensaries. Nevada law allows patients to home cultivate only in specific circumstances. “The Nevada MM Program is not a resource for the growing process and does not have information to give to patients. It is recommended that you talk to an attorney to learn about your rights and protections.” “Medical Marijuana Patient Cardholder Registry – FAQs,” health.nv.gov, Jan. 19, 2016
Patient Registry Fee:
$25 application fee, plus $75 for the card
Accepts other states’ registry ID cards?
Yes, starting Apr. 1, 2014 with an affidavit
Registration:
Mandatory
