Nevada Medical Marijuana Laws June 2014

Nevada Marijuana Penalties

Offense

Penalty

Incarceration

  Max. Fine  

Possession

Personal Use

1 oz. or less (First Offense)

Misdemeanor

N/A

$600

1 oz. or less (Second Offense)

Misdemeanor

N/A

$1,000

1 oz. or less (Third Offense)

Misdemeanor

1 year

$1,000

1 oz. or less (Fourth Offense)

Felony

*1-4 years

$5,000

Or mandatory assessment or treatment for first and second offense.

* Mandatory minimum sentence.

With Intent To Distribute

Any amount

Felony

*1-4 years

$5,000

Following a felony conviction of any drug offense.

Felony

*1-5 years

$10,000

If previously convicted of two or more drug felonies.

Felony

*3-15 years

$20,000

* Mandatory minimum sentence.

Sale or Delivery

Less than 100 lbs. (First Offense)

Felony

*1-6 years

$20,000

Less than 100 lbs. (First Offense)

Felony

*2-10 years

$20,000

Less than 100 lbs. (First Offense)

Felony

*3-15 years

$15,000

100 lbs. to 2,000 lbs.

Felony

*1-5 years

$25,000

2,000 lbs. to 10,000 lbs.

Felony

*2-10 years

$50,000

10,000 lbs. or more

Felony

*2-Life

$200,000

* Mandatory minimum sentence.

Cultivation

100 lbs. to 2,000 lbs.

Felony

*1-5 years

$25,00

2,000 lbs. to 10,000 lbs.

Felony

*2-10 years

$50,000

10,000 lbs. or more

Felony

*2-Life

$200,000

* Mandatory minimum sentence.

Paraphernalia

Possession or use of paraphernalia.

Misdemeanor

6 months

$1,000

Sale, delivery, manufacture, or possession with intent.

Felony

*1-4 years

$5,000

Sale to a minor who is at least 3 years younger.

Felony

*1-5 years

$10,000

* Mandatory minimum sentence.

Miscellaneous:

Knowingly maintaining a structure used for drug offenses.

Felony

*1-6 years

$10,000

100 lbs. to 2,000 lbs.

Civil Penalty

N/A

$350,000

2,000 lbs. to 10,000 lbs.

Civil Penalty

N/A

$700,000

10,000 lbs. or more

Civil Penalty

N/A

$1,000,000

* Mandatory minimum sentence.

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Nevada Medical Marijuana Facts

Nevada Medical Marijuana Statistics and Marijuana Facts
Nevadans voted to implement a medical marijuana program in 2000 when Ballot Question 9 passed with a commanding 65% of the vote. The measure came into effect on October 1st 2001 and allowed individuals with a doctor’s marijuana recommendation to register and receive a medical marijuana card. Patients and/or caregiver are allowed to posses up to one ounce of usable cannabis and grow up to 7 plants. The Nevada Marijuana Health registry is responsible for managing the medical marijuana program, processing the mandatory registrations and gathering the statistics and facts about marijuana in Nevada.
NEVADA MEDICAL MARIJUANA FACTS 2011
• The latest marijuana data from Nevada indicates a total of 2898 current patients with medical marijuana cards. As of January 2011 there were 311 applications pending.
• Only 56 caregivers held marijuana cards for these patients.
• Thus far, 200 Nevada doctors have signed medical marijuana recommendations.
• Between February of 210 and December 2010, there was an explosion in the number of medical marijuana applications. In fact, marijuana card applications by new patients between July 2010 and January 2011 amounted for almost half of the program’s total (1358).
• A curious Nevada medical marijuana fact is that the state’s DMV issues its marijuana cards.
• Most common conditions reported: 2610 Nevada patients report severe pain as their qualifying condition, followed by 1436 who report muscle spasms and 536 for severe nausea. All conditions defined by the law are represented.
• The majority of marijuana cardholders are located in Clark County (2108 patients)
• Medical marijuana statistics show that 3 Nevada patients are minors and that some 70% are actually over the age of 35. 
MARIJUANA STATISTICS AND FACTS: MEDICAL MARIJUANA CONDITIONS 
Condition
Number of Patients
Cachexia
116
Cancer
73
Glaucoma
42
HIV/AIDS
38
Severe Nausea
536
Severe Pain
2610
Seizures
51
Muscle Spasms
1436
 MARIJUANA STATISTICS AND FACTS: PATIENT DISTRIBUTION 
Region
Number of Patients
Clark County
2108
Washoe County
370
Rest of the State
420
MEDICAL MARIJUANA STATISTICS AND FACTS: AGE OF PATIENTS 
Age Group
Number of Patients
Under 18
3
18-20
36
21-24
147
25-34
748
35-44
648
45-54
628
55-64
545
Over 65
145


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Nevada Medical Marijuana Card
NEVADA MEDICAL MARIJUANA CARD
Under NRS 453A, only a person with a qualifying debilitating medical condition who has applied for the Medical Marijuana program and obtained a valid Nevada Medical Marijuana Program card is exempted from criminal laws of the state for engaging in the medical use of marijuana. Medical marijuana patients must also obtain a medical marijuana recommendation from a physician licensed in the state of Nevada. Find a medical marijuana doctor in Nevada here.
HOW TO OBTAIN A MEDICAL MARIJUANA CARD IN NEVADA
1. In order to obtain a medical marijuana card in Nevada, you must first obtain an application form for the Medical Marijuana Program from the Nevada Department of Health and Human Services, Nevada State Health Division. If you are interested in recieving the application form, then please send a written request, along with a check or money order in the amount of $50 made payable to the Nevada State Health Division. Mail your request to:
Nevada State Health Division, Medical Marijuana Program
4150 Technology Way?Suite 104?Carson City, Nevada 89706
Contact Information
Phone: (775) 687-7594
Fax: (775) 684-4156
***NOTE: All application requests and changes to existing patient/caregiver records must be submitted in writing through the US Postal Service, UPS. or FEDEX only. Walk-in service is NOT available.***
2. Your written request should include:
• The address where the application should be mailed
• If you have a caregiver, include a request for a caregiver packet
• If you are requesting an application for someone other than yourself, include that person’s name and address
• If you are requesting an application for a minor, include a request for a minor release
• You will NOT be able to obtain a Nevada Medical Marijuana Card if you hold a Commercial Driver's License.
3. Follow the instructions on the application form. Once you are approved, the DMV will issue you a medical marijuana card.
RELATED NEVADA MEDICAL MARIJUANA PROGRAM LINKS
• NV MMJ - NRS 453A
• NV MMJ - NAC 453A
• NV MMJ - Important Notice
• NV MMJ - Warning Notice
• NV MMJ - FAQ's
• NV MMJ - Program Facts
• NV MMJ - Flowshart of Application Process

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Nevada Medical Marijuana Laws
FULL TEXT OF NEVADA'S MEDICAL MARIJUANA LAW
CHAPTER 453A - MEDICAL USE OF MARIJUANA
GENERAL PROVISIONS
      NAC 453A.010  Definitions. (NRS 453A.710, 453A.740)  As used in NAC 453A.010 to 453A.240, inclusive, unless the context otherwise requires, the words and terms defined in NAC 453A.020 to 453A.070, inclusive, have the meanings ascribed to them in those sections.
     (Added to NAC by Dep’t of Agriculture by R095-01, eff. 10-1-2001; A by Health Div. by R042-03, 9-24-2003; A by Dep’t of Agriculture by R189-03, 1-3-2005)
      NAC 453A.020  “Attending physician” defined. (NRS 453A.740)  “Attending physician” has the meaning ascribed to it in NRS 453A.030.
     (Added to NAC by Dep’t of Agriculture by R095-01, eff. 10-1-2001)
      NAC 453A.030  “Chronic or debilitating medical condition” defined. (NRS 453A.740)  “Chronic or debilitating medical condition” has the meaning ascribed to it in NRS 453A.050.
     (Added to NAC by Dep’t of Agriculture by R095-01, eff. 10-1-2001)
      NAC 453A.040  “Department” defined. (NRS 453A.740)  “Department” means the State Department of Agriculture.
     (Added to NAC by Dep’t of Agriculture by R095-01, eff. 10-1-2001)
      NAC 453A.050  “Designated primary caregiver” defined. (NRS 453A.740)  “Designated primary caregiver” has the meaning ascribed to it in NRS 453A.080.
     (Added to NAC by Dep’t of Agriculture by R095-01, eff. 10-1-2001)
      NAC 453A.052  “Division” defined. (NRS 453A.710)  “Division” means the Health Division of the Department of Health and Human Services.
     (Added to NAC by Health Div. by R042-03, eff. 9-24-2003)
      NAC 453A.060  “Registry identification card” defined. (NRS 453A.740)  “Registry identification card” has the meaning ascribed to it in NRS 453A.140.
     (Added to NAC by Dep’t of Agriculture by R095-01, eff. 10-1-2001)
      NAC 453A.070  “State Health Officer” defined. (NRS 453A.710)  “State Health Officer” means:
     1.  The State Health Officer appointed pursuant to NRS 439.100; or
     2.  The designee of the Administrator of the Division, if:
     (a) No State Health Officer has been appointed pursuant to NRS 439.100;
     (b) The position of State Health Officer appointed pursuant to NRS 439.100 is vacant; or
     (c) The State Health Officer appointed pursuant to NRS 439.100 is absent from the State.
     (Added to NAC by Health Div. by R042-03, eff. 9-24-2003)
      NAC 453A.080  “Immature marijuana plant” and “mature marijuana plant” interpreted. (NRS 453A.740)  For the purposes of chapter 453A of NRS:
     1.  “Immature marijuana plant” means a marijuana plant with no observable flowers or buds.
     2.  “Mature marijuana plant” means a marijuana plant which has flowers or buds that are readily observable by an unaided visual examination.
     (Added to NAC by Dep’t of Agriculture by R095-01, eff. 10-1-2001)
REGISTRY IDENTIFICATION CARD
      NAC 453A.100  Application: Required accompanying information. (NRS 453A.210, 453A.740)
     1.  In addition to the materials required by NRS 453A.210, an application for a registry identification card must include:
     (a) A written statement signed by the applicant’s attending physician verifying that he was presented with a photographic identification of the applicant and the designated primary caregiver, if any, and that the applicant and the designated primary caregiver, if any, are the persons named in the application;
     (b) On forms prescribed by the Department, any information required by the Central Repository for Nevada Records of Criminal History;
     (c) On forms prescribed by the Department, any information required by the Department of Motor Vehicles;
     (d) A complete set of the fingerprints of the applicant and the designated primary caregiver, if any, taken by a state or local law enforcement agency;
     (e) A notarized medical marijuana program waiver and liability release form that is prescribed by the Department and signed by the applicant and designated primary caregiver, if any;
     (f) A notarized acknowledgment form that is prescribed by the Department and signed by the applicant and designated primary caregiver, if any;
     (g) If the applicant is under 18 years of age, a minor release form signed by the designated primary caregiver of the minor; and
     (h) Proof that the applicant is a resident, including, without limitation, a photocopy of a driver’s license issued by the Department of Motor Vehicles or a photocopy of an identification card issued by the Department of Motor Vehicles.
     2.  As used in this section, “resident” has the meaning ascribed to it in NRS 453A.210.
     (Added to NAC by Dep’t of Agriculture by R095-01, eff. 10-1-2001; A by R189-03, 1-3-2005)
      NAC 453A.110  Written notice of approval or denial of application; issuance of card by Department of Motor Vehicles. (NRS 453A.740)
     1.  If the State Department of Agriculture approves an application for a registry identification card:
     (a) The Department will provide the applicant and designated primary caregiver, if any, with written notice of its approval by registered mail.
     (b) The applicant and designated primary caregiver, if any, must present the written notice and proof of identity to an appropriate office of the Department of Motor Vehicles in order to receive a registry identification card. Upon the presentation of the written notice and proof of identity, the Department of Motor Vehicles shall prepare and issue a registry identification card to the applicant and designated primary caregiver, if any, after it has confirmed by telephone or other reliable means that the State Department of Agriculture has approved the issuance of the card.
     2.  If the Department denies an application for a registry identification card, the Department will provide the applicant and designated primary caregiver, if any, with written notice of its denial by registered mail.
     (Added to NAC by Dep’t of Agriculture by R095-01, eff. 10-1-2001)
      NAC 453A.120  Notification to Department of change in information. (NRS 453A.230, 453A.740)  A person who is required to comply with the provisions of NRS 453A.230 shall notify the Department of any change in the information required by that section within 7 days after the change in that information.
     (Added to NAC by Dep’t of Agriculture by R095-01, eff. 10-1-2001)
      NAC 453A.130  Renewal. (NRS 453A.220, 453A.740)
     1.  Except as otherwise provided in subsection 2, a person to whom a registry identification card has been issued may renew that card by:
     (a) Submitting to the State Department of Agriculture a form for renewal prescribed by the Department and the materials required by NRS 453A.210 and NAC 453A.100; and
     (b) Returning his expired registry identification card to the Department of Motor Vehicles.
     2.  A person who wishes to renew his registry identification card is not required to comply with the provisions of paragraph (d) of subsection 1 of NAC 453A.100.
     (Added to NAC by Dep’t of Agriculture by R095-01, eff. 10-1-2001)
      NAC 453A.140  Fees. (NRS 453A.740)  The Department will charge and collect the following fees:
     1.  For the issuance to a person, for the first time, of a packet of application materials to
be used in applying for a registry identification card.................................................................. $50
     2.  For the issuance to a person of a registry identification card after the Department has
approved the person’s application to receive such a card.......................................................... $150
     (Added to NAC by Dep’t of Agriculture by R189-03, eff. 1-3-2005)
DESIGNATED PRIMARY CAREGIVER
      NAC 453A.150  Restrictions. (NRS 453A.740)
     1.  A person with a chronic or debilitating disease to whom a registry identification card has been issued may not be a designated primary caregiver.
     2.  A designated primary caregiver may not be the designated primary caregiver to more than one person.
     (Added to NAC by Dep’t of Agriculture by R095-01, eff. 10-1-2001)
PETITION FOR QUALIFICATION OF DISEASE OR CONDITION AS CHRONIC OR DEBILITATING MEDICAL CONDITION
      NAC 453A.200  Submission; confidentiality; period for approval. (NRS 453A.710)
     1.  A person may submit to the State Health Officer, in the form prescribed by the Division, a petition requesting that a particular disease or condition be included among the diseases and conditions that qualify as chronic or debilitating medical conditions.
     2.  The contents of a petition submitted pursuant to subsection 1 are confidential and, except as otherwise provided in NAC 453A.230, neither the State Health Officer nor the Division shall disclose the name or other identifying information of:
     (a) The person who submitted the petition; or
     (b) The attending physician, if any, of the person who submitted the petition.
     3.  The Division, through the State Health Officer, will approve a petition submitted pursuant to subsection 1 within 180 days after the date on which the petition is received.
     (Added to NAC by Health Div. by R042-03, eff. 9-24-2003)
      NAC 453A.210  Review by State Health Officer; return to petitioner. (NRS 453A.710)
     1.  The State Health Officer will review each petition that is submitted pursuant to subsection 1 of NAC 453A.200 to determine whether:
     (a) The petition is in the form prescribed by the Division;
     (b) The petition is complete; and
     (c) The particular disease or condition described in the petition is already included among the diseases and conditions that qualify as chronic or debilitating medical conditions.
     2.  If, as determined by the State Health Officer, the petition:
     (a) Is not in the form prescribed by the Division;
     (b) Is not complete; or
     (c) Describes a particular disease or condition that is already included among the diseases and conditions that qualify as chronic or debilitating medical conditions,
Ê the State Health Officer will refuse to accept the petition and will return the petition to the person that submitted the petition, accompanied by an explanation of the reason for its return.
     (Added to NAC by Health Div. by R042-03, eff. 9-24-2003)
      NAC 453A.220  Determinations by State Health Officer. (NRS 453A.710)
     1.  If a petition that is submitted pursuant to subsection 1 of NAC 453A.200 is determined by the State Health Officer to meet the requirements for submittal that are set forth in NAC 453A.210, the State Health Officer will determine whether the Division will include the particular disease or condition that is described in the petition among the diseases and conditions that qualify as chronic or debilitating medical conditions.
     2.  The determination of the State Health Officer as to whether the Division will include a particular disease or condition among the diseases and conditions that qualify as chronic or debilitating medical conditions must be made in consideration of, without limitation:
     (a) The symptoms of the disease or condition;
     (b) The expected duration of the symptoms of the disease or condition;
     (c) The medical treatments available for the disease or condition;
     (d) The side effects of the medical treatments available for the disease or condition, including, without limitation, the duration of those side effects; and
     (e) The presentation of scientific literature regarding the disease or condition.
     (Added to NAC by Health Div. by R042-03, eff. 9-24-2003)
      NAC 453A.230  Notification of approval or denial. (NRS 453A.710)  Within 10 working days after the date on which the State Health Officer approves or denies a petition that is submitted pursuant to subsection 1 of NAC 453A.200, the Division will transmit a copy of the approval or denial to:
     1.  The person who submitted the petition; and
     2.  The Director of the Department.
     (Added to NAC by Health Div. by R042-03, eff. 9-24-2003)
      NAC 453A.240  Final decision for purposes of judicial review. (NRS 453A.710)  The decision of the State Health Officer to deny a petition that is submitted pursuant to subsection 1 of NAC 453A.200 is a final decision for the purposes of judicial review.
     (Added to NAC by Health Div. by R042-03, eff. 9-24-2003)
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Nevada Medical Marijuana Qualification
Who Qualifies for Medicinal Marijuana in Nevada
On November 7, 2000, 65% of Nevada voters approved Question 9, which amends the states’ constitution to recognize the medical use of marijuana. The law removes state-level criminal penalties on the use, possession and cultivation of medical marijuana (also referred to as medical weed, medical pot or medical cannabis) by patients who have written documentation from a state-licensed physician that marijuana may alleviate his or her condition.  Question 9 has been codified into the Nevada Revised Statutes (NRS) 453A.120. Under Nevada medical marijuana law, only a person with a qualifying debilitating medical condition who has obtained a valid Nevada Medical Marijuana Program card (also referred to as medical marijuana card) is exempted from criminal laws of the state for engaging in the medical use of marijuana. Patients or their primary caregivers may legally possess no more than one ounce of usable marijuana, and may cultivate no more than seven marijuana plants, of which no more than three may be mature. ?Read the full text of Question 9 here.
HOW TO BECOME A MEDICAL MARIJUANA PATIENT IN NEVADA
1. Must be a Nevada Resident with a valid Nevada I.D. as proof of residency. If you do not have a Nevada I.D. an out of state I.D., passport, or other photo I.D. with proof of residency such as bank statement, utility bill, etc. is acceptable.
2. Obtain a copy of your medical records indicating diagnosis of a qualifying condition, as listed below. Learn how to request your medical records and remember to bring these records with you to your marijuana evaluation appointment.
3. Submit an Application for the Medical Marijuana Program with the Nevada State Health Division. To obtain the application form, you must send a written request and application fee to the Nevada State Health Division (See instructions here).
4. This application form will include a Physician Statement (aka medical marijuana recommendation form) that you must bring with you to your marijuana evaluation appointment. Find a medical marijuana doctor in Nevada here.
5. Complete and submit the application form.The DMV will then issue you a medical marijuana card.
6. You will not be able to obtain a Medical Marijuana Card if you hold a Commercial Drivers License.
WHAT AILMENTS CAN BE TREATED WITH MEDICAL CANNABIS IN NEVADA?
Patients diagnosed with the following illnesses are afforded legal protection under Question 9:
• HIV/AIDS,
• Cancer
• PTSD (Post-Traumatic Stress Disorder)
• Glaucoma, and
• Any medical condition or treatment to a medical condition that produces:
? Cachexia
? Persistent muscle spasms or seizures
? Severe nausea or pain.
MEDICAL MARIJUANA ACCESS
Some medical marijuana patients will claim they have a doctor's prescription for medical marijuana, but marijuana prescriptions are in fact illegal. The federal government classifies marijuana as a schedule I drug. Therefore doctors are unable to prescribe marijuana to their patients, and medical marijuana patients cannot go to a pharmacy to fill a prescription for medical marijuana. Instead, medical marijuana physicians will supply patients with a medical marijuana recommendation in compliance with state law.
According to Nevada medical marijuana law, patients and their caregivers may grow medical marijuana for the patient's private use and may possess one usable ounce and seven plants, three of which may be mature. Nevada’s medical marijuana laws do not include provisions for the selling or distributing of medical cannabis.
HOW TO CONTACT THE NEVADA DEPARTMENT OF HEALTH AND HUMAN SERVICES
Mailing Address:?Nevada State Health Division?1000 East Williams St., Ste. 209?Carson City, NV 89701??Phone Number: ?775-687-7590
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Nevada Medical Marijuana
Nevada Medical Marijuana Laws, Nevada Medical Marijuana Qualifications and General Nevada Marijuana Information
The State of Nevada has a legalized medical marijuana program, which allows legal medical marijuana patients to receive a marijuana recommendation from a certified physician, apply for a State-issued Nevada Medical Marijuana ID Card, and grow and/or purchase marijuana for medicinal use per state guidelines. We have compiled the following index of medical marijuana information in Nevada to serve as a legal library to our users for legal reference of Nevada's laws and guidelines regarding Medical Cannabis.
Please note that in order to become a legal medical marijuana patient you must first have a qualifying condition as outlined by the department of health services and/or department of justice. For a comprehensive list of Nevada's medical marijuana qualifying conditions you can visit our qualifying conditions section located on the top of our menu under "legal states".
Since the Nevada medical marijuana program is still changing their laws and new Nevada medical marijuana laws are being enacted on a monthly basis, please be sure to visit our site frequently to get the most updated laws as it pertains to the Nevada medical marijuana program.
Please click a corresponding link to find out more about your Nevada's Medical Marijuana Program.
NEVADA QUALIFICATION
Find out Who Qualifies for Marijuana in Nevada in our definitive guide of Nevada's qualification guidelines. Read up on medical conditions that are covered under Nevada's medical marijuana program, age restrictions, criminal conviction restrictions, and more.
NEVADA MEDICAL MARIJUANA LAWS
Read Nevada's Full Medical Marijuana Laws to gain full specific knowledge of Nevada's exact legal guidelines without interpretation. We suggest that you print Nevada's Full Medicinal Marijuana Laws for use with our MyDoc program in order to provide your physician full insight into Nevada's laws for his knowledge.
NEVADA MEDICAL MARIJUANA CARD
Find out how to obtain a{n} Nevada Medical Marijuana Card with our guide to Nevada's state medicinal marijuana ID program. Some states require that you obtain your card prior to obtaining your medicine, so read here first to ensure that you know Nevada's requirements.

 

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