Is it Legal to Use Marijuana in Nevada?

Nevada is one of only eight states in the nation that has legalized the recreational use of marijuana for those 21 and over. As of January 2017, adults can purchase up to one ounce of marijuana flower or up to an eighth of an ounce of marijuana concentrates (e.g., wax and carbon dioxide oil or shatter) per visit to a legal dispensary. Although marijuana is legal in Nevada, there is one glitch: Dispensaries that are allowed to sell marijuana to nonmedical purchasers will not open until next June or later. The state legislature, which established medical marijuana facilities in 2013, will decide the future of recreational marijuana and hopes to have guidelines for recreational facilities passed into law by the summer.

The Basics on Marijuana

So what is the law? Well, first it is illegal to cross into Nevada from another state with marijuana purchased from that state. Once you are in Nevada, however, law enforcement cannot ask where you purchased the marijuana. If you do not have more than the legal amount in your possession, law enforcement will likely not be able to challenge you on having it, either.

Because marijuana is viewed as a controlled substance like heroine, cocaine, and methamphetamines, it is illegal under federal law. Although the Transportation Security Administration (TSA) is not actively searching for marijuana at the airports, they will let the authorities know if marijuana is found on a traveler.

There are several dispensaries across the state of Nevada that sell marijuana. Purchasing marijuana is as simple as showing your ID and paying. Because the plant is illegal, however, the transaction must be paid for in cash as the dispensaries do not take credit cards. You may purchase from more than one dispensary in a day, as long as you stay within the legal limit of one ounce of flower marijuana or one-eighth of an ounce of concentrate per day.

Of note, it is illegal to buy and/or sell marijuana from anywhere other than a licensed marijuana dispensary. Once the plant is in your possession, however, law enforcement cannot track you back to the dealer who sold it to you.

Just like the state’s medical marijuana program, individual counties within Nevada have the right to ban recreational marijuana dispensaries. In fact, 12 of the state’s 16 counties do just that. That being said, as long as you are on your own private property or on a rented one where the owner allows its use, you can use marijuana anywhere in the state.

Legal Help in Nevada

If you or someone you know has questions about the legality of medical or recreational marijuana use in Nevada, contact the knowledgeable attorneys at Parry & Pfau. For a free, initial, case evaluation call (702) 879- 9555 today.

(image courtesy of Shane Rounce)