Nevada Medical Marijuana Laws

Possession

  • Less than 1 oz (first offense) misdemeanor rehabilitation/
  • treatment  $600
  • Less than 1 oz (second offense) misdemeanor rehabilitation/
  • treatment  $1,000
  • Less than 1 oz (third offense)  gross misdemeanor 1 year $2,000
  • Less than 1 oz (fourth offense) class E felony 1 - 4 years $5,000
  • Medical use permitted if less than 1 oz or 3 to 4 plants. 


Sale or Cultivation

  • Less than 100 lbs (first offense) felony 1 - 6 years $20,000
  • Less than 100 lbs (second offense) felony 2 – 10 years $20,000
  • Less than 100 lbs (subsequent offense) felony 3 - 15 years $20,000
  • 100 to 2,000 lbs felony 5 years $25,000
  • 2,000 to 10,000 lbs felony 2 - 20 years $50,000
  • More than 10,000 lbs felony life* $200,000
  • To a minor (first offense) felony 1 - 20 years variable
  • To a minor (second offense) felony life variable
  • Within 1,000 feet of school or other specifed areas felony double penalty double penalty
  • *Parole possible after 5 years.
  • Medical use permitted if less than 1 oz (3 to 4 plants). 
  • Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
  • Paraphernalia possession  misdemeanor 6 months $1,000
  • Paraphernalia sale felony 1 - 4 years $5,000

Details

Possession of marijuana is a misdemeanor and is punishable by a fine of $600 or possible drug treatment. For a second offense, the fine increases to $1,000. For a third offense, the punishment is up to one year in jail and a fine of up to $2,000. A fourth offense changes the classification to a felony and is punishable by 1 - 4 years in prison and a fine of up to $5,000.

Assembly Bill 453
allows for medical use of marijuana in Nevada and went into effect October 2001 (Word doc).

Cultivation, delivery or sale of less than 100 pounds of marijuana is punishable by 1 - 6 years in prison and a fine of up to $20,000 for the first offense. For a second offense, the penalty increases to 2 - 10 years in prison and a fine up to $20,000. For a third or subsequent offense, the penalty increases to 3 - 15 years in prison and a fine up to $20,000. Cultivation, delivery or sale of 100 pounds or more is punishable by up to five years in prison and a fine up to $25,000. For amounts of 2,000 pounds or greater, the penalty increases to 2 - 20 years in prison and a fine up to $50,000. For amounts greater than 10,000 pounds the penalty can be up to life in prison, with the possibility for parole after a minimum of five years and a fine up to $200,000.

It is an affirmative defense to any charge of possession, delivery or production of marijuana that the person is engaged in the medical use of marijuana if the amount is no more than one ounce of usable marijuana, three mature plants or four immature plants.

Any sale to a minor is punishable by 1 - 20 years in prison for the first offense, and up to life for a second offense. Sale within 1,000 feet of a school, video arcade, public pool or youth center doubles the possible penalty.

Possession of paraphernalia is punishable by up to six months in jail and a fine up to $1,000. Sale of paraphernalia is punishable by 1 - 4 years in prison and a fine up to $5,000.

Related News & Information

Learn More About Federal Marijuana Laws   Learn About California's Marijuana Laws  

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