Laws and Legislation

On this page you will find summaries and key points regarding several major topics that affect medical marijuana in Nevada. For news and more detailed information on our laws and legislation, be sure to check our Blog page. 

A Brief History:

  • November 3, 1998, Nevada passes Question 9 – the Nevada Medical Marijuana Act.
  • November 7, 2000, Nevada passes Question 9 – the Nevada Medical Marijuana Act. This act had to be passed twice by the voters of the state of Nevada in order for state laws to be revised.

 

 

Nevada Revised Statutes

NRS 453A:

In summary, this statute allows licensed cardholders with chronic or debilitating medical conditions to use medical marijuana, under a physician’s guidance, to help reduce the symptoms of their condition. The attending physician must notify the patient of the possible risks and benefits of using medical marijuana.

Quantities may not exceed:

  • 1 oz usable marijuana
  • 3 mature plants and
  • 4 immature plants

License holders may NOT:

  • Operate a vehicle by power or sail while under the influence of marijuana.
  • Possess a firearm while under the influence, including marijuana.
  • Use medical marijuana in a public place or inside any type of correctional facility.
  • Transfer marijuana to any other person, except as a primary caregiver to a single patient.

The Board of Medical Examiners and State Board of Osteopathic Medicine cannot take disciplinary action based on a physician’s referral of a patient into the State of Nevada Medical Marijuana Program.

State Licensing Boards are prevented from taking disciplinary action based on a patient’s participation in the State of Nevada Medical Marijuana Program or on caregiver status.

This statute also:

  • Authorizes and funds a program for evaluation and research of the use of medical marijuana.
  • Requires confidentiality of patients, caregivers, and physicians.
  • Program fees, issuance of registry identification cards.
  • Releases insurance companies from reimbursing the cost of medical marijuana.
  • Releases employers from providing accommodations for use.
  • Relieves the State from any liability that may arise from the use of medical marijuana.

Here is NRS-453A, exactly as it is written into our law.

 

 

Nevada Administrative Codes

NAC 453:

In summary these codes outline administrative definitions, application forms, issuance of annual registry identification cards, renewals, fees, caregiver restrictions, and departmental guidelines.

Note: NAC 453 defines a “mature plant” as one with flowers or buds that can be seen with the naked eye.

Here is NAC453, exactly as it is written into our law.

 

 

Senate Bill

SB 374:

This bill was introduced to the Nevada Senate on March 18, 2013 by Las Vegas Democratic Assemblyman Tick Segerblom and Las Vegas Republican Assemblyman Mark Hutchison. The bill was approved into law by Nevada Governor Brian Sandoval on June 12, 2013. It makes it a class E Felony to forge a medical marijuana card.

In summary, this bill…

  • Allows for the growth of 12 plants in any stage, and makes it a class E Felony to grow, harvest, or process more than the legal limit.
  • Allows for the registration of cultivation facilities, dispensaries, edible marijuana or marijuana-infused production facilities, independent testing laboratories, and medical marijuana dispensaries.
  • Requires registration of employees and volunteers of medical marijuana establishments.
  • Creates the Subcommittee on the Medical Use of Marijuana of the Advisory Commission on the Administration of Justice to evaluate and report on medical marijuana and establish regulations for dispensing medical marijuana to qualified patients.
  • Requires the establishment of administrative guidelines for the registration and operation of medical marijuana facilities.
  • Requires the Health Division to adopt additional regulations and penalties.
  • Establishes a grandfathering period for patients and caregivers who were growing prior to July 1, 2013.
  • Reduces enrollment fees for the State of Nevada Medical Marijuana Program.
  • Provides a 2% wholesale excise tax and a 2% retail excise tax on medical marijuana – in addition to standard state sales tax.

Here is SB 374, exactly as it is was approved.

 

 

Nevada Administrative Regulation

LCB File No. R004-14:

The Nevada Legislative Counsel Bureau File # R004-14 took effect on April 1, 2014. These regulations provide the standards and regulations for medical marijuana establishments operating in the State of Nevada.

The “Adopted Regulation of the Division of Public and Behavioral Health of the Department of Health and Human Services” can be found in it’s entirety right here:  LCB File No. R004-14

 

 

Provisional Certificates for Medical Marijuana Establishments

Application Scores and Rankings

The Nevada Division of Public and Behavioral Health released the scores and rankings of the 519 applications for medical marijuana establishments received August 5 – August 18,2014 (10 business day period). 382 provisional registration certificates for medical marijuana establishments in Nevada were issued on November 3, 2014.  Here are the results:

Medical Marijuana Dispensary Applications
Medical Marijuana Cultivation Applications
Medical Marijuana Production Applications
Medical Marijuana Testing Applications