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Nevada Marijuana Penalties

Nevada Legalization

SUMMARY: Fifty-five percent of Nevada voters approved Question 2 permits adults who are not participating in the state’s medical cannabis program to legally grow (up to six plants, including all of the harvest from those plants) and to possess personal use quantities of cannabis (up to one ounce of flower and/or up to 3.5 grams of concentrates) while also licensing commercial cannabis production and retail sales. (Home cultivation is not permitted if one’s residence is within 25 miles of an operating marijuana retailer.) Commercial marijuana production is subject to a 15 percent excise tax, much of which is earmarked to the State Distributive School Account.

The new law takes effect on January 1, 2017. Regulations governing commercial marijuana activities must be in place by January 1, 2018.

INFORMATION: https://www.regulatemarijuanainnevada.org/full-initiative-text/.

Nevada Marijuana Law, Regulation, Penalties, Attornies & Congressman

Offense Penalty Incarceration   Max. Fine  

Possession

Personal Use

Up to 1 oz No Penalty None $ 0
More than 1 oz Misdemeanor N/A $ 600
Possession or use in public Misdemeanor N/A $ 600

Sale or Delivery

Gifting up to one ounce for no remuneration No Penalty None $ 0
Gifting up to 1/8 oz of concentrated marijuana for no remuneration No Penalty None $ 0
More than 1 oz – less than 100 lbs (first offense) Felony 1* – 4 years $ 5,000
More than 1 oz – less than 100 lbs (second offense) Felony 1* – 5 years $ 10,000
More than 1 oz – less than 100 lbs (subsequent offense) Felony 3* – 15 years $ 20,000
100 – less than 2000 lbs Felony 1* – 5 years $ 25,000
2000 – less than 10,000 lbs Felony 2* – 10 years $ 50,000
10,000 lbs or more Felony 5* – life $ 200,000
To a minor Felony 5* – life $ 20,000
* Mandatory minimum sentence

Cultivation

12 plants or more Felony 1* – 4 years $ 5,000
100 – less than 2000 lbs Felony 1* – 5 years $ 25,000
2000 – less than 10,000 lbs Felony 2* – 10 years $ 50,000
10,000 lbs or more Felony 5* – life $ 200,000
* Mandatory minimum sentence

Hash & Concentrates

Up to 3.5 g No Penalty None $ 0
Possession of greater quantities incur criminal penalties.

Paraphernalia

Possession or use of paraphernalia by those 21 or older No Penalty None $ 0
Sale to a minor who is at least 3 years younger Felony 1* – 5 years $ 10,000
* Mandatory minimum sentence

Civil Asset Forfeiture

Vehicles and other property may be seized.

Miscellaneous

Knowingly maintaining a structure used for drug offenses Felony 1* – 6 years $ 10,000
100 – 2000 lbs Civil Penalty N/A $ 350,000
2000 – 10,000 lbs Civil Penalty N/A $ 700,000
10,000 lbs or more Civil Penalty N/A $ 1,000,000
* Mandatory minimum sentence