Nevada State Laws

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Nevada

Ballot Question 9 -- Approved Nov. 7, 2000 by 65% of voters Effective: Oct. 1, 2001

Removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who have "written documentation" from their physician that marijuana may alleviate his or her condition.

Approved Conditions: AIDS; cancer; glaucoma; and any medical condition or treatment to a medical condition that produces cachexia, persistent muscle spasms or seizures, severe nausea or pain, and PTSD. Other conditions are subject to approval by the health division of the state Department of Human Resources.

Possession/Cultivation: Patients (or their primary caregivers) may legally possess no more than one ounce of usable marijuana, three mature plants, and four immature plants.

Registry: The law establishes a confidential state-run patient registry that issues identification cards to qualifying patients. Patients who do not join the registry or possess greater amounts of marijuana than allowed by law may argue the "affirmative defense of medical necessity" if they are arrested on marijuana charges. Legislators added a preamble to the legislation stating, "[T]he state of Nevada as a sovereign state has the duty to carry out the will of the people of this state and regulate the health, medical practices and well-being of those people in a manner that respects their personal decisions concerning the relief of suffering through the medical use of marijuana." A separate provision requires the Nevada School of Medicine to "aggressively" seek federal permission to establish a state-run medical marijuana distribution program.

Amended: Assembly Bill 453(25 KB) Effective: Oct. 1, 2001

Created a state registry for patients whose physicians recommend medical marijuana and tasked the Department of Motor Vehicles with issuing identification cards. No state money will be used for the program, which will be funded entirely by donations.

Amended: Senate Bill 374(280 KB) Signed into law by Gov. Brian Sandoval on June 12, 2013 "Provides for the registration of medical marijuana establishments authorized to cultivate or dispense marijuana or manufacture edible marijuana products or marijuana-infused products for sale to persons authorized to engage in the medical use of marijuana... From April 1, 2014, through March 31, 2016, a nonresident purchaser must sign an affidavit attesting to the fact that he or she is entitled to engage in the medical use of marijuana in his or her state or jurisdiction of residency. On and after April 1, 2016, the requirement for such an affidavit is replaced by computer cross-checking between the State of Nevada and other jurisdictions." Patients who were growing before July 1, 2013 are allowed to continue home cultivation until March 31, 2016.

 

Updates: The Department of Health and Human Services adopted regulations(340 KB) based on the previous amendment on April 1, 2014.

MEDICAL MARIJUANA STATUTES: Nev. Rev. Stat. §§ 453A.010 - 453A.240 (2008).

CONTACT INFORMATION: Application information for the Nevada medical marijuana registry is available by writing or calling:
Nevada Department of Health and Human Services, Nevada State Health Division
1000 East Williams St., Ste. 209
Carson City, NV 89701
775-687-7590
Contact: Jennifer 

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