“Medical Marijuana” in Nevada – A Guide to The Law

Started in 2001, the medical marijuana program currently serves about 28,308 patients. In this article, our Las Vegas criminal defense lawyers answer 40 frequently asked questions about the Nevada medical marijuana program.

• 1. Why does Nevada still have a medical marijuana program?
• 2. Do cardholders have more rights to grow and possess pot than recreational users?
• 3. Can people under 21 get registry identification cards in Nevada?
• 4. How has the Nevada medical pot program changed since recreational pot became legal?
• 5. How does Nevada’s medical pot program work?
• 6. Can police arrest me for using medicinal weed in Las Vegas, Nevada?
• 7. Can the feds arrest me for using medicinal pot in Las Vegas, Nevada?
• 8. How do I apply for a Nevada registry identification card?
• 9. Do I need a physician to apply?
• 10. What illnesses qualify me for a Nevada medical weed card?
• 11. Can my caregiver help administer my pot?
• 12. Who can be my designated primary caregiver?
• 13. What does a registry identification card cost?
• 14. May I use pot while my application is pending?
• 15. Are Nevada medical weed cards good for life?
• 16. Why would my application be denied?
• 17. May I reapply if my application is denied?
• 18. What if I cannot afford a medical weed card?
• 19. How much medicinal weed can I have in Nevada?
• 20. Can cardholders grow pot in Las Vegas, Nevada?
• 21. What are the penalties for possessing more than the maximum allowed pot?
• 22. May I smoke weed in public?
• 23. What if police arrest me for having more than 2.5 oz. of weed, and I don’t have my card on me?
• 24. Can cardholders have guns?
• 25. What if I lose my registry identification card?
• 26. How can I withdraw from Nevada’s medical weed program?
• 27. Are all my caregivers protected from prosecution?
• 28. May one caregiver serve more than one medicinal pot patient in Nevada?
• 29. May I pay my designated caregiver for administering pot?
• 30. What are my employer’s rights and obligations?
• 31. Do I have to tell my landlord I have a medical pot card?
• 32. Does my medical insurance cover medicinal pot in Las Vegas, Nevada?
• 33. What is the penalty for forging a registry identification card?
• 34. May I share my medicinal weed with other cardholders in Nevada?
• 35. What other rules are there?
• 36. Does my information remain private?
• 37. Where can I buy medicinal weed?
• 38. Does Nevada recognize other states’ medicinal weed cards?
• 39. Do other states recognize medical pot users from Nevada?
• 40. What other states have medicinal pot programs?

1. Why does Nevada still have a medical marijuana program?

Patients with valid medical marijuana cards in the state of Nevada get more benefits than people without a card:

You do not have to pay the 10% retail excise tax that marijuana normally carries.¹

And whereas recreational cannabis is available only to adults aged 21 and older, eligible patients under age 21 may use medical weed.²

As discussed in the next question, you also have laxer rules for possessing and growing pot if you are a cardholder.

2. Do cardholders have more rights to grow and possess pot than recreational users?

A medical cannabis card entitles you to up to 2.5 oz. of pot.³ Non-cardholders can also have 2.5 oz. of pot.⁴

But as a medicinal marijuana cardholder, if you live within 25 miles of a retail store, you may grow your own pot if:

• you are too ill, or
• you lack the means to travel, or
• the retail store does not carry the strain of pot you need.⁵

Non-cardholders may never grow their own pot if they live within 25 miles of a retail store.⁶

3. Can people under 21 get registry identification cards in Nevada?

Yes. If you are a minor (under 18), your custodial parent or guardian must sign a “minor release” form in your application. Additionally, this custodial parent or guardian must act as your designated primary caregiver.⁷

4. How has Nevada’s medical pot program changed since recreational pot became legal?

The application process can now be done online. And registry identification cards can now last up to two years instead of just one.⁸

5. How does Nevada’s medical marijuana program work?

First your physician must determine that you suffer from one of the diseases protected under the marijuana program. Then you may apply to the Nevada Department of Health and Human Services to register with the program.

If the state approves your application and you pay the registration fees, you will receive a registry identification card.

A registry identification card is good for one or two years (as determined by your doctor). And it allows you to possess up to two and one-half ounces (2.5 oz.) of usable marijuana total in any 14-day period.⁹

The process of applying for a registry identification card – and the strict rules you must follow – are discussed in detail in the following questions.

Note that it is now legal for anyone aged 21 and older in Nevada to possess up to two-and-a-half ounces (2.5 oz.) of marijuana.¹⁰

6. Can police arrest me for using medicinal marijuana in Las Vegas, Nevada?

If you are a cardholder and follow all the program rules, you should not face arrest by state or local police.¹¹ That said, please note that Nevada law always prohibits driving under the influence of marijuana.¹²

7. Can the feds arrest me for using medicinal marijuana in Las Vegas, Nevada?

Yes, but chances are that federal authorities will not come after you. Currently, the Drug Enforcement Administration is focusing its efforts on large-scale drug traffickers and not patients and their caregivers.¹³

8. How do I apply for a Nevada registry identification card?

Click here and follow the instructions. The entire process can be done online (though it is necessary to print the paperwork for a doctor’s signature). Registration costs

• $50 for one year, or
• $100 for two years.

If you prefer to print out the application and mail it in, click here.

Note that commercial driver’s license holders from any state may not obtain a registry identification card.¹⁴

9. Do I need a physician to apply?

Yes. Any Doctor of Medicine (MD) or Doctor of Osteopathy (DO) licensed in Nevada will do.

10. What illnesses qualify me for a Nevada medical marijuana card?

Either of the following nine qualifying conditions:

1. Acquired Immune Deficiency Syndrome (AIDS)
2. Post-Traumatic Stress Disorder (PTSD)
3. Cancer
4. Glaucoma
5. Cachexia
6. Severe pain
7. Severe nausea
8. Seizures, including without limitation, seizures caused by epilepsy
9. Persistent muscle spasms, including, but not limited to, spasms caused by multiple sclerosis

If your medical condition is not listed above, you may still try to apply for an MMJ card.¹⁵

11. Can my caregiver help administer my marijuana?

Yes. As a cardholder, you can designate one (1) and only one primary caregiver to help administer the medicinal marijuana.¹⁶

12. Who can be my designated primary caregiver?

Your designated primary caregiver can be anybody:

• over the age of eighteen (18) and
• approved by your physician.

However, the designated primary caregiver cannot also be a medical weed user. And the designated primary caregiver may not serve any other medicinal weed patients.¹⁷

13. What does a registry identification card cost?

A card costs $50 for one year, or $100 for two years.¹⁸

14. May I use marijuana while my application is pending?

Yes, you may possess medicinal marijuana in compliance with the program’s guidelines pending the application’s approval. If law enforcement questions your right to possess the marijuana, present them with a copy of your application.¹⁹

15. Are Nevada medical marijuana cards good for life?

No. Membership lasts only one (1) or two (2) years, as determined by your physician. You may reapply before the term ends.²⁰

16. Why would my application be denied?

Common grounds for denial into Nevada’s medical marijuana program are the following:

1. Providing false or incomplete information on your application
2. Not providing proof of your qualifying medical condition
3. Not providing proof that you have consulted with your physician about using medicinal marijuana
4. If the physician backing your application is not licensed or not in good standing
5. If you are under eighteen (18) years of age and your parent or guardian did not sign the required statement for your application
6. If you or your designated primary caregiver has ever been convicted of selling drugs
7. If you or your designated primary caregiver has ever possessed drugs in jail or delivered drugs to someone in jail
8. If you have failed to follow any other regulations mandated by the Nevada Department of Health and Human Services
9. If the Nevada State Health Division has ever previously prohibited you from ever obtaining a registry identification card.

17. May I reapply if my application is denied?

Yes, six (6) months after the date you were denied. But you may reapply right away if your application was denied solely because it was incomplete.²¹

If your membership ever gets revoked, then you may not reapply for another twelve (12) months.²²

18. What if I cannot afford a medical marijuana card?

Unfortunately, Nevada will not waive the cost. And most health insurance companies will not cover it.²³

19. How much medicinal marijuana can I have in Nevada?

You (the cardholder) and your caregiver may together possess two and one-half ounces (2.5 oz) total of usable marijuana total.²⁴ Usable marijuana usually refers to:

• seeds,
• dried leaves and buds, or
• any kind that is immediately ready to be smoked.

Usable marijuana does not include the stalks and roots of the plant.²⁵

If a dispensary is not available to sell you medicinal marijuana, you may be able to grow and cultivate your own. (See the next question for more details). In that case, you and your caregiver may also possess up to twelve (12) marijuana plants total irrespective of whether they are mature or immature.²⁶

Note that you and your caregiver must keep the marijuana in a secure, enclosed location.²⁷

20. Can cardholders grow marijuana in Las Vegas, Nevada?

It depends. As a cardholder, you may grow your own marijuana only if:

• your local dispensary is unable to supply the proper strain of marijuana to you, or
• you are unable to reasonably travel to your local dispensary due to illness or lack of transportation, or
• there is no dispensary within 25 miles

If you meet any of these criteria, you may possess up to twelve (12) marijuana plants total irrespective of whether they are:

• mature or
• immature.

And the plants must not be viewable by the public.²⁸

For more information, see our page on marijuana cultivation laws.

21. What are the penalties for possessing more than the maximum allowed marijuana?

The penalties increase with each successive conviction:²⁹

Marijuana possession	Penalty
1st offense	Penalties depend on the amount and if you have prior convictions. See our page on drug possession (NRS 453.336) to learn more. For a first- or second offense involving less than 14 grams, it is a category E felony: If you plead guilty or no contest, the court will likely grant you a deferral of judgment, which means that the court will dismiss the case if you complete certain court-ordered terms. Otherwise, category E felony convictions carry probation and a suspended sentence, which may include up to one year in jail. (But if you have two or more prior felony convictions, the court may impose one to four years in Nevada State Prison and up to $5,000 in fines.)
2nd offense	category E felony If you plead guilty or no contest, the court will likely grant a deferral of judgment, which means that the judge will dismiss the charge if you complete certain court-ordered terms. Otherwise, category E felonies carry probation and a suspended sentence. (But if you have two or more prior felony convictions, the judge may order one to four years in Nevada State Prison and up to $5,000 in fines.)
3rd or subsequent offense	category D felony one to four (1 – 4) years in prison, and maybe $20,000 in fines

Note that possessing more than twelve (12) marijuana plants is a category E felony. The sentence carries probation and a suspended sentence. But the judge may order the following if you have two or more prior felony convictions:

• one to four (1 – 4) years in prison, and
• maybe a $5,000 fine.³⁰

Also, note that possessing fifty pounds (50 lbs.) or more of marijuana is prosecuted as trafficking. The penalties can range from one year to a life sentence depending on the amount of pot involved.³¹

A skilled criminal defense attorney may be able to plea bargain marijuana charges down to a lesser offense or complete dismissal.

22. May I smoke marijuana in public?

No. Currently, it is legal to smoke marijuana only in a private residence. It does not matter whether the pot is medicinal or for recreational use. The only exception is at the Vegas Tasting Room.

The fine for smoking marijuana in public is $600.³²

23. What if police arrest me for having more than 2.5 oz. of marijuana, and I don’t have my card on me?

The case should eventually get dismissed as long as you can show the prosecutor that you:

• are a cardholder and
• had less than 2.5 oz. of marijuana.

24. Can cardholders have guns?

Yes. But note that Nevada law prohibits you from physically controlling a firearm while under the influence of marijuana.³³

Also note that patients with CCW permits may be eligible for a medical marijuana card in Nevada. But the reverse is not true: Existing medical marijuana patients who then apply for a CCW permit usually get rejected.

Finally, note that federal law prohibits marijuana users or addicts from possessing a firearm.³⁴ But as long as you stay home and are discreet about your guns, it is unlikely the feds will go after you.

25. What if I lose my registry identification card?

Email an image of the front and back of your state-issued identification card (such as a driver’s license) to [email protected] along with an explanation and request for a new registry identification card.

You can also request a replacement card by fax or mail:

Nevada Division of Public and Behavioral Health

ATTN: Medical Marijuana Division

4150 Technology Way, Suite 101

Carson City, NV 89706

Fax 775-684-3213

26. How can I withdraw from Nevada’s medical marijuana program?

Mail the Nevada State Health Division the following items:

1. a letter informing them of your wish to withdraw
2. your registry identification card
3. if you have a designated primary caregiver, his/her registry identification card

Use the following mailing address:

The Nevada State Health Division

4150 Technology Way, Suite 104

Carson City, Nevada 89706

The Nevada State Health Division will write back a confirmation that you are no longer registered with the program. It is your responsibility to inform your designated primary caregiver that you are withdrawing.

If you are not on good terms with your designated primary caregiver, you can ask the Nevada State Health Division to write them a letter asking that they return their card.

After you withdraw, you can always reapply.³⁵

27. Are all my caregivers protected from prosecution?

No. Patients may designate only one (1) primary caregiver to administer medical weed. Any other caregivers are not immune from arrest. ³⁶

28. May one caregiver serve more than one medicinal marijuana patient in Nevada?

No. A caregiver may not take on medicinal pot duties for more than one patient at a time.³⁷

29. May I pay my designated caregiver for administering marijuana?

No. If the caregiver does charge, then the caregiver can be prosecuted for selling marijuana.

30. What are my employer’s rights and obligations?

You should consult an attorney to advise whether you should inform your employer if you have a registry identification card.

Employers must accommodate you as long as the following are true:

• the accommodations would not endanger anyone or anything, and
• the accommodations would not impose an undue hardship on the employer, and
• the accommodations would not preclude you from fulfilling your duties³⁸

31. Do I have to tell my landlord I have a medical pot card?

There is no law requiring you to inform your landlord if you are a legal medicinal marijuana user. But if you are found out, your landlord may evict you since marijuana is illegal under federal law.

32. Does my medical insurance cover medicinal marijuana in Las Vegas, Nevada?

Probably not.

33. What is the penalty for forging a registry identification card?

Forging, faking or counterfeiting a marijuana card is a category C felony in Nevada. The penalty includes:

• one to ten (1 – 10) years in prison, and
• possibly up to $10,000 in fines³⁹

34. May I share my medicinal marijuana with other cardholders in Nevada?

Yes, as long as no money or other payment is exchanged for it.

35. What other rules are there?

You and your caregiver have to report any major life changes to the Nevada State Health Division within seven (7) days of the change. Examples include:

• change of address,
• change of phone number,
• change of medical status,
• change of caregiver,
• change of physician, or
• change of dispensary.

And your caregiver has to inform the Nevada State Health Division if you pass away.

If you or your caregiver does not inform the Nevada State Health Division of these changes, you may face civil and criminal penalties and revocation of your registry identification card.⁴⁰

36. Does my information remain private?

Yes. The Nevada State Health Division maintains the confidentiality of all cardholders and applicants, including the identities of the patients, primary caregivers, and physicians.

However, the Department of Health and Human Services may release your information to law enforcement if they need to verify whether you are registered. ⁴¹

37. Where can I buy medicinal marijuana?

Click here for a list of licensed dispensaries. You may choose one designated dispensary to use.

38. Does Nevada recognize other states’ medicinal marijuana cards?

Yes. If you are an out-of-state resident, you may obtain medical marijuana in Nevada under the following conditions:

• You have a valid, non-expired medical marijuana card from your home state, and
• Your home state exempts cardholders from criminal prosecution for medical marijuana use, and
• The law of your home state requires that physicians advise patients that medical marijuana use may help their symptoms as a precondition to the state issuing patients a medical marijuana card, and
• You sign an affidavit which sets forth that you are entitled to engage in the medical use of marijuana in your state or jurisdiction of residence

Note that you must abide by Nevada’s rules regarding quotas for possessing medical marijuana. It is irrelevant whether your home state allows you to possess more medical marijuana than Nevada does.⁴²

39. Do other states recognize medical pot users from Nevada?

There are no reciprocity agreements with other states. Before traveling to another state, contact that state’s government for the latest laws.

40. What other states have medicinal marijuana programs?

State	Possession Limit
Alaska	1 oz usable; 6 plants (3 mature, 3 immature)
Arizona	2.5 oz usable; 12 plants
Arkansas	3 oz usable per 14-day period
California	8 oz usable; 6 mature or 12 immature plants
Colorado	2 oz usable; 6 plants (3 mature, 3 immature)
Connecticut	2.5 oz usable
Delaware	6 oz usable
Florida	Amount to be determined
Hawaii	4 oz usable; 7 plants
Illinois	2.5 ounces of usable cannabis during a period of 14 days
Maine	2.5 oz usable; 6 plants
Maryland	30-day supply, amount to be determined
Massachusetts	60-day supply for personal medical use (10 oz)
Michigan	2.5 oz usable; 12 plants
Minnesota	30-day supply of non-smokable marijuana
Montana	1 oz usable; 4 plants (mature); 12 seedlings
New Hampshire	2 oz of usable cannabis during a 10-day period
New Jersey	2 oz usable
New Mexico	6 oz usable; 16 plants (4 mature, 12 immature)
New York	30-day supply non-smokable marijuana
North Dakota	3 oz per 14-day period
Ohio	Maximum of a 90-day supply, amount to be determined
Oregon	24 oz usable; 24 plants (6 mature, 18 immature)
Pennsylvania	30-day supply
Rhode Island	2.5 oz usable; 12 plants
Vermont	2 oz usable; 9 plants (2 mature, 7 immature)
Washington	8 oz usable; 6 plants
Washington, D.C.	2 oz dried
West Virginia	30-day supply (amount TBD)

Also, see our informational article on how to open a medical marijuana dispensary in Nevada.

Return to our main page on Las Vegas Nevada marijuana laws. Learn more about Nevada drug crimes.

To learn about California medical marijuana laws, go to our information page on The Compassionate Use Act of 1996.

To learn about Colorado medical marijuana laws, go to our information page on Colorado medical marijuana laws.

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