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Nevada Cannabis Laws

Nevada's cannabis laws are designed to ensure a safe and regulated environment for both consumers and businesses. Since the legalization of medical marijuana in 2000 and adult-use cannabis in 2016, the state has established comprehensive rules covering everything from age verification and packaging requirements to strict advertising restrictions and licensing fees.

Every Dispensary Must Know

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Nevada Cannabis Laws at a Glance

Nevada legalized medical marijuana sales in 2015, with adult-use cannabis following in 2016 after voters approved the Regulation and Taxation of Marijuana Act. The state’s cannabis industry is regulated by the Cannabis Compliance Board (CCB), which oversees everything from packaging and labeling to advertising and sales. Adults aged 21 and older can legally purchase and possess up to 1 ounce of cannabis or ⅛ ounce of cannabis concentrate. 

All cannabis establishments must use Metrc, Nevada’s seed-to-sale tracking system, to ensure compliance with state regulations. Advertising is strictly controlled, especially to prevent targeting minors, and packaging must meet stringent safety and disclosure requirements.

Establishment Agents: Key Responsibilities

In Nevada, cannabis establishment agents, such as budtenders, play a critical role in ensuring compliance with state regulations. Before making a sale, these agents are required to verify the age of the customer using a government-issued identification card, which must be scanned with an approved device by the Cannabis Compliance Board (CCB). Additionally, agents are obligated to provide appropriate consumer education materials during the transaction.

Each transaction must be meticulously recorded in the inventory control system, capturing details such as the amount of cannabis or product sold, the date and time of the sale, the registration number of the agent, and the establishment’s license number. This ensures that all sales are traceable and meet the state’s strict compliance requirements.

Required Disclosures and Warnings

In Nevada, cannabis sales facilities are mandated to provide specific disclosures and warnings with every sale of cannabis products. These disclosures are crucial for ensuring consumer safety and compliance with state laws.

Key Required Disclosures and Warnings:

  1. Pesticide Disclosure: Every cannabis sales facility must disclose any pesticides that were applied to the cannabis plants and growing medium during production and processing. This information must accompany all usable cannabis sold at retail.
  2. Health and Safety Warnings: The following warnings must be provided with every sale:
    • Cannabis and cannabis products must be kept out of the reach of children.
    • Cannabis and cannabis products can cause severe illness in children.
    • Allowing children to ingest cannabis or cannabis products, or storing them in locations accessible to children, may result in investigations by child welfare services or criminal prosecution for child abuse or neglect.
    • “The intoxicating effects of cannabis may be delayed by 2 hours or more. Users should initially ingest a small amount of the product containing no more than 10 milligrams of THC, then wait at least 2 hours before ingesting any additional amount.”
    • “This product may have intoxicating effects and may be habit-forming. Smoking is hazardous to your health.”
    • Ingesting cannabis or cannabis products with alcohol or other drugs, including prescription medication, may result in unpredictable levels of impairment, and a person should consult with a physician before doing so.
    • There may be health risks associated with the consumption of this product.
    • Pregnant women should consult with a physician before ingesting cannabis or cannabis products.
    • “Cannabis or cannabis products can impair concentration, coordination, and judgment. Do not operate a vehicle or machinery under the influence of cannabis or cannabis products.”
    • “Ingestion of any amount of cannabis or cannabis products before driving may result in criminal prosecution for driving under the influence.”
  3. Font and Presentation: The text for all accompanying material and warnings must be printed in at least 12-point font and must not be in italics to ensure clear visibility and readability.

These requirements are designed to protect consumers, particularly children, and to ensure that cannabis products are used safely and responsibly. Compliance with these regulations is not only mandatory but also essential for maintaining the integrity of the cannabis industry in Nevada.

Advertising Regulations

Advertising cannabis products in Nevada is subject to strict regulations to ensure that all promotional activities are responsible, transparent, and do not target minors. These rules are designed to maintain the integrity of the cannabis industry while protecting the public, particularly those under the age of 21.

Key Advertising Regulations:

  1. Prohibited Content in Advertising:
    • Advertisements must not contain any false or misleading statements.
    • Ads must not promote overconsumption of cannabis or cannabis products.
    • Depictions of the actual consumption of cannabis (e.g., smoking, vaping) are strictly prohibited.
    • Advertisements cannot depict children or any person who appears to be under 21 years old consuming cannabis or cannabis products. This includes any imagery or design elements like toys, characters, or cartoons that might appeal to minors.
  2. Restrictions on Advertising Locations:
    • Cannabis advertisements are prohibited within 1,000 feet of schools, playgrounds, public parks, and libraries. This restriction also applies to advertisements on vehicles and at events where individuals under the age of 21 are likely to be present.
    • Advertisements are not permitted on public transportation vehicles or in shelters for public transportation.
    • Events: Ads are allowed at events only if it is reasonably estimated that less than 30% of the audience is under 21 years of age.
  3. Media Advertising Restrictions:
    • Cannabis establishments are not allowed to advertise on radio, television, or in publications where more than 30% of the audience is expected to be under 21 years of age.
    • Any advertising must include clear warnings, such as “Keep out of reach of children” and “For use only by adults 21 years of age and older.”
  4. Documentation Requirements:
    • Cannabis establishments must maintain documentation for at least five years, demonstrating how they determined the expected age of the audience for any advertisements. This is particularly important when advertising at events where demographic research is necessary.
  5. Prohibited Offers:
    • Cannabis establishments cannot advertise or offer cannabis products as “free” or “donated” without a purchase.

These regulations ensure that cannabis advertising in Nevada remains responsible and does not encourage or appeal to underage individuals. Compliance with these advertising standards is essential for all cannabis establishments operating within the state.

Fees

Nevada has a structured fee system for both medical and adult-use cannabis establishments. These fees are designed to regulate the industry and ensure that businesses operating in the state comply with all necessary legal requirements.

Key Fees for Cannabis Establishments:

  1. Medical Cannabis Establishment Fees:
    • Initial Issuance of License:
      • Dispensary: $30,000
      • Cultivation Facility: $3,000
      • Production Facility: $3,000
      • Independent Testing Laboratory: $5,000
    • Renewal Fees:
      • Dispensary: $5,000 annually
      • Cultivation Facility: $1,000 annually
      • Production Facility: $1,000 annually
      • Independent Testing Laboratory: $3,000 annually
  2. Adult-Use Cannabis Establishment Fees:
    • Initial Issuance of License:
      • Retail Store: $20,000
      • Cultivation Facility: $30,000
      • Production Facility: $10,000
      • Independent Testing Laboratory: $15,000
      • Distributor: $15,000
    • Renewal Fees:
      • Retail Store: $6,600 annually
      • Cultivation Facility: $10,000 annually
      • Production Facility: $3,300 annually
      • Independent Testing Laboratory: $5,000 annually
      • Distributor: $5,000 annually
  3. Cannabis Establishment Agent Fees:
    • Initial Application and Issuance: $150 per person
    • Renewal Fee: $150 per person annually
  4. Additional Costs:
    • Non-Refundable Application Fee: $5,000 for both medical and adult-use licenses.
    • Processing Costs: Applicants must cover the actual costs incurred by the Cannabis Compliance Board during the processing of their application, including background checks.

These fees are necessary to cover the administrative costs of regulating the cannabis industry in Nevada. They also contribute to state revenue, which is used to fund various public services, including education.\

Understanding these fees is crucial for anyone looking to enter the Nevada cannabis market, as they represent a significant portion of the startup and ongoing operational costs for cannabis businesses in the state.

Purchase Limits

In Nevada, the legal limits for purchasing cannabis vary depending on whether the product is for medical or recreational use. These limits are designed to control the distribution and consumption of cannabis within the state, ensuring that it is used responsibly.

Recreational Purchase Limits:

  • Adults aged 21 and older can legally purchase up to 1 ounce (28 grams) of cannabis flower.
  • Additionally, individuals can purchase up to ⅛ ounce (3.5 grams) of cannabis concentrate, such as hashish or vape cartridges.

Medical Purchase Limits:

  • Medical marijuana patients in Nevada are allowed to purchase up to 2.5 ounces of usable cannabis every 14 days.
  • Patients are also allowed to possess up to 2.5 ounces of usable cannabis at any given time.

Important Considerations:

  • Gifting: Adults 21 and older may gift cannabis to other adults, provided that no money or other form of compensation is exchanged, and the gifted amount does not exceed the legal possession limits.
  • Public Use: While possession of cannabis is legal, using it in public places is strictly prohibited. Consumption is only allowed on private property with the owner’s permission.
  • Federal Land: Cannabis remains illegal on federal land, including national parks and military bases, regardless of state laws.

Understanding these purchase limits is crucial for consumers and businesses alike, as they help ensure compliance with state regulations and promote the responsible use of cannabis in Nevada.

NV Laws FAQs

Is recreational cannabis legal in Nevada? Yes, recreational cannabis is legal in Nevada. Adult-use cannabis was approved by voters in November 2016 with the passage of Question 2. Adults aged 21 and older can legally purchase and possess cannabis in the state.

How much cannabis can I buy in Nevada? In Nevada, adults aged 21 and older can purchase up to 1 ounce (28 grams) of cannabis flower or up to ⅛ ounce (3.5 grams) of cannabis concentrate per transaction. Medical marijuana patients are allowed to purchase up to 2.5 ounces of cannabis every 14 days.

Are there restrictions on where I can use cannabis in Nevada? Yes, cannabis use is restricted to private property in Nevada. Public consumption of cannabis, including in parks, sidewalks, casinos, and federal land, is illegal. Consumption in a private residence is allowed with the property owner’s permission.

Can I grow my own cannabis in Nevada? Yes, but with restrictions. Adults 21 and older are allowed to grow up to six cannabis plants per person, with a maximum of 12 plants per household, as long as they are located more than 25 miles from the nearest dispensary. The plants must be grown in an enclosed space that is not visible to the public.

How is cannabis taxed in Nevada? Cannabis in Nevada is subject to a 10% excise tax on retail sales for recreational use, in addition to the standard state sales tax of 4.6%. Medical cannabis is also subject to sales tax, but not the additional excise tax.

Can I bring cannabis across state lines? No, transporting cannabis across state lines is illegal, even if the neighboring state has legalized cannabis. Cannabis remains illegal under federal law, and crossing state lines with cannabis can result in significant legal consequences.

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