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Nevada recognizes both recreational and medicinal use of cannabis. Adults above the age of 21 can possess and consume a specified limit.
However, the drug is highly mind-altering; hence, certain restrictions and rules are imposed upon its possession, consumption, and sale. It is essential to follow the general rules and regulations issued by the state authorities and regulatory agencies. Individuals must consider the following significant aspects before purchasing and consuming marijuana in Nevada.
The Legal Validation of Marijuana in Nevada
The following reforms took place that assisted marijuana in being legally acceptable in the state
- Medical Marijuana
The primary effort to make medical cannabis legal in the state commenced in 1998. The state passed the Nevada Medical Marijuana Act in 1998 with a majority of 59 percent. Furthermore, in 2000, it gained an increased majority of 65 percent. It was passed two consecutive times due to significant amendments in the state constitution.In June 2001, the medical use was officially validated. The state passed Assembly Bill 453, which took effect on October 1. With this, medical marijuana cardholders in Nevada can hold 2.5 ounces (every 14 days) or the maximum limit of edibles and other cannabis-infused products.
- Recreational Marijuana
Recreational use of Marijuana has a fair share of ups and downs. The first attempt was made in 2002. However, it failed gradually. Another effort in 2006 offered not many fruitful results. Although, in 2016, the struggles became successful as cannabis consumption for recreational purposes became authorized.The rule was implemented on January 1, 2017. With this, individuals above the age of 21 can hold one ounce of recreational marijuana. Besides, some other terms and conditions were also implemented. For instance, individuals can also grow six cannabis plants. However, the cultivation is subjected to specific rules and regulations.
Nevada Marijuana Laws
There lies a significant difference between the recreational and medicinal laws surrounding marijuana in Nevada. Therefore, it is vital to understand the difference between both.
Nevada Medical Marijuana Rules
Below mentioned are the essential rules and regulations surrounding medical marijuana in Nevada:
To access medical cannabis in Nevada, individuals must qualify for specific medical conditions. Health concerns like Anorexia, Autism, Autoimmune disease, Cancer, HIV, PTSD, Nausea, Anxiety, Cachexia, Glaucoma, Opioid Dependence, and Muscle Spasms are eligible issues for accessing medical cannabis card in Nevada. Additionally, other health issues that directly affect the life’s quality approved by licensed doctors can also be a part of a qualifying medical condition.
In addition to the above-mentioned medical issues, individuals also need to prove that they are residents of Nevada. For this purpose, they must submit valid identity proof like a state identification card or a driver’s license to the Nevada State Health Division.
Medical marijuana cardholders in Nevada are permitted to hold 2.5 ounces of medical cannabis (every 14 days). Medical cannabis includes edibles, concentrates, flowers, and topicals. Although, the significant condition is that the individual must be a registered cardholder. The possession limits are different in the case of recreational and medicinal purposes.
Registered medical marijuana cardholders in Nevada can grow up to 12 cannabis plants only if they live 25 miles away from the nearest state-licensed medical dispensary. Cultivating more than the given limit is a Felony in Nevada; therefore, rules must be abided by ideally. Additionally, cultivation must be done in an enclosed space. If the grower is not the owner, they must seek permission from the owner.
The caregivers in Nevada also need to prove themselves as native residents of the state. A licensed medical professional must approve the caregiver, who must be at least 21 years old. Typically, the state has imposed certain restrictions on caregivers too. For example, they can purchase 2.5 ounces of marijuana on behalf of their patient.
Besides, they can also cultivate cannabis plants if they live 25 miles from the state-operated medical dispensary. However, to get all these benefits, they must be designated by a patient.
Nevada approves out-of-state cardholders. The essential condition for this is that the individual must hold a non-expired medical marijuana card of their home state or country. Furthermore, the home state also exempts cardholders from criminal execution for using medical cannabis. With these conditions, individuals can enjoy reciprocity.
Individuals can drive under the influence of medical marijuana; however, the power is subjected to certain restrictions. In case if an individual drives recklessly, endangering the lives of others, they will be subjected to prosecution. Furthermore, medical marijuana cardholders should not drive with more than two nanograms per ml of marijuana in their body. For this, the official authorities can convict you. As breath tests cannot detect marijuana, individuals must give their blood samples for further testing. On the other hand, if an individual disapproves of the test or conviction or prosecution, the police have the power to restrain him or forcefully draw blood. Although, all these things will be done if police arrest an individual.
Having a medical marijuana card in Nevada safeguards an employee from hiring and firing. Typically, the card assists the employee in difficult circumstances. Moreover, the employer cannot conduct different drug tests unless the consumption of medical cannabis poses a threat to other individuals or the workforce and makes it challenging for an employee to complete their roles and responsibilities.
Nevada Recreational Marijuana Laws
Following are the recreational marijuana laws prevailing in Nevada:
To access recreational marijuana, individuals must be 21 years of age. Below the age of 21, individuals cannot access cannabis or related products for recreational use.
Individuals can possess 1 ounce of marijuana for recreational uses. In case anybody holds more than the prescribed limit, they can be questioned by law enforcement. Furthermore, no individual can possess marijuana on federal properties.
When purchasing marijuana for recreational use, individuals have to pay a 15 percent excise tax on every purchase. No individual can refuse the excise payment while purchasing recreational cannabis.
The consumption can only take place in an enclosed private space. Consuming or smoking marijuana in public or on any federal property is prohibited. If anyone is caught, major legal enforcement is done.
Thus, the rules and regulations broadly vary for medical and recreational cannabis. Individuals must know the difference between the both before making a purchase. Individuals have to face significant legal consequences if these laws are neglected.
If individuals violate the rules and regulations mentioned above, they are more likely to be penalized by the state authorities. Following are the significant penalties that one may face:
1. Penalty for possession
Following are the penalties related to cannabis possession:
- If an individual possesses more than one ounce of pot, they are subjected to a Felony, and law enforcement charges are imposed. For this, individuals are charged a fine of $5000.
- If an individual is caught with greater quantities of marijuana, the case is categorized as drug trafficking. Hence, the overall process will become lengthy, and prosecution will take more time. The imprisonment may vary from one year to life, depending on the quantity one possesses.
- Any individual who supplies 100 pounds of marijuana will be categorized as a category D felony. Hence, they will be imprisoned for one to four years. Additionally, a fine of $5000 will be imposed. Such legal enforcement will be for the first offense.
- The second offense is punishable under Category C felony. Thus, a fine of $10,000 is imposed on the offender. The imprisonment ranges from one to five years.
- The third offense is accountable as a Category B felony. The imprisonment ranges from a minimum of three years to a maximum of fifteen years. Furthermore, a fine of $20,000 is also imposed.
- If an individual is caught selling marijuana to a minor, a Category A felony will be imposed on the offender. The act is punishable by life, for which parole can be obtained after serving a minimum of five years. On the other hand, a clear 15-year term with a possibility of getting parole after five years. A fine of $20,000 is also imposed on the offender. The offender is also responsible for paying the medical treatment cost of the minor.
- Delivery of 100 pounds of marijuana but less than 2000 pounds is recorded under Category C felony. For this, the individual is punishable by a fine of $25000 and imprisonment ranging from one year to a maximum of five years.
- Delivery of 2000 pounds of marijuana but less than 10,000 pounds is classified as a Category B felony. A fine of $50,000 is imposed. Along with this, the imprisonment ranges from two to ten years.
- Delivery of more than 10,000 pounds is a severe crime and accounts for significant legal enforcement. It is classified as Category A felony and is generally punishable by life. Although, the offenders can also get parole after serving a minimum of five years in a jail sentence. Another case is where a firm period of 15 years is involved; however, individuals can get parole after serving five years. In addition to this, a fine of $200,000 is also imposed.
Other than the specified limit, if individuals grow more than that, they are subjected to the below-mentioned penalties:
- Growing more than 12 plants is recognized as a Category E felony. A fine of $5000 is imposed along with imprisonment of one to four years.
- Growing 100 pounds of marijuana but less than 2000 pounds is a Category C felony. For this, the individual gets imprisonment for one to five years. Furthermore, a fine of $25,000 is also imposed.
- Cultivating more than 2000 pounds of marijuana but less than 10,000 pounds is a Category B felony. Therefore, it is punishable by two to ten years of imprisonment. A penalty of $50,000 is also levied on the offender.
- Growing more than 10,000 pounds of marijuana is a Category A felony. Hence, life imprisonment and a fine of $200,000 is levied.
Hash and Other Concentrates
Individuals who do not hold medical marijuana cards or use cannabis for recreational use can only possess 3.5 grams of hash and other concentrates. A criminal penalty is imposed on them if they hold more than the specified limit.
The Bottom Line!
Therefore, to put it concisely, it is fitting to mention that it is significant for individuals to understand the different rules and regulations surrounding marijuana in Nevada. By following the laws and regulations, individuals can safeguard themselves from penalties.
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