Nevada “Question 2” Legalized Marijuana: Does This Mean I Can Buy and Smoke Weed Now?

Nevada’s Legalization of Recreational Marijuana

On November 8, 2016, Nevada voters approved the Regulation and Taxation of Marijuana Act, also known as Question 2 [1.].

This law, effective January 1, 2017, legalized the purchase and use of recreational marijuana for adults aged 21 and over in Nevada.

The Act also allows adults who live more than 25 miles from a retail marijuana store to cultivate up to six marijuana plants in a secure, enclosed area.

“The Act also permits adults who do not live within 25 miles of a retail marijuana store to grow up to six marijuana plants in an enclosed locked area. There will be an excise tax of 15% on all wholesale marijuana sales, to be paid by licensed cultivators.”

Where to Buy Marijuana in Nevada: Requirements and Regulations

Marijuana can be purchased legally in Nevada at licensed dispensaries [2.]. To buy marijuana, you must present a valid ID to verify that you are 21 or older, and consumption is only allowed in private residences—not in public or in your vehicle.

When transporting marijuana, it must remain in a sealed container and should ideally be stored out of sight, such as in the trunk or glove compartment. Consumption by drivers or passengers in a vehicle is strictly prohibited.

Nevada Dispensaries

“Most marijuana dispensaries are in Las Vegas, Henderson, and Reno. A county’s population determines the number of dispensaries it can license. Local governments determine their dispensaries’ store hours.”

These dispensaries are licensed to sell both recreational and medical marijuana, with recreational purchases subject to regular sales tax.

Nevada Marijuana Sale and Delivery Penalties in 2024

In Nevada, the sale or delivery of marijuana carries serious legal penalties, depending on the amount involved and the number of offenses [3.]. For less than 100 pounds, a first offense is classified as a category D felony, punishable by 1 to 4 years in prison and a fine of up to $5,000.

A second offense is a category C felony, with penalties ranging from 1 to 5 years in prison and a fine of up to $10,000, while a third or subsequent offense is a category B felony, carrying 3 to 15 years in prison and a fine up to $20,000.

For amounts between 100 and 2,000 pounds, the offense is a category C felony, punishable by 1 to 5 years in prison and a fine up to $25,000. Selling or delivering between 2,000 and 10,000 pounds is a category B felony, with penalties of 2 to 10 years in prison and a fine up to $50,000.

“Sale or delivery of 10,000 pounds or more is a category A felony punishable by life with the possibility of parole after a minimum of 5 years has been served, or for a definite term of 15 years with possibility for parole after a minimum of 5 years has been served, and a fine up to $200,000.”

New Nevada Marijuana Laws for 2024

Medical and recreational marijuana are both legal in Nevada. Medical marijuana has been legal since 2000, allowing patients with qualifying conditions like anxiety, cancer, glaucoma, HIV, seizures, autism, and chronic pain to possess up to 2.5 ounces of marijuana every 14 days and cultivate up to 12 plants, unless they live within 25 miles of a licensed dispensary. Patients must register with the DPBH to obtain a medical marijuana card, which covers approved forms like concentrates, topicals, edibles, and flowers [4.].

Recreational marijuana was legalized in Nevada following a 55% voter approval of Question 2 in November 2016, with sales beginning on July 1, 2017. Initially, adults 21 and over could purchase and possess up to 1 ounce of cannabis flower and one-eighth of an ounce of concentrate. However, in 2023, Governor Joe Lombardo signed Senate Bill 277, which increased these limits to 2.5 ounces of cannabis flower and one-quarter of an ounce of concentrate, effective January 1, 2024.

“In June 2021, Governor Steve Sisilak signed Assembly Bill 341 into law, permitting the licensing and regulation of cannabis consumption lounges. The law approves the purchase and public consumption of marijuana at designated marijuana lounges. In 2022, the CCB approved regulations for the licensing and operations of marijuana consumption lounges and issued the first cannabis consumption license in December 2022. The first marijuana consumption lounge in Nevada became operational in 2023.”

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References:
1. https://www.shouselaw.com/nv/blog/marijuana-laws/nevada-question-2-legalized-marijuana-does-this-mean-i-can-buy-and-smoke-weed-now/
2. https://www.shouselaw.com/nv/defense/laws/marijuana/#2
3. https://norml.org/laws/nevada-penalties-2/
4. https://nevadastatecannabis.org/laws