Nevada has fully legalized recreational cannabis, but knowing the laws surrounding marijuana is useful if you plan on partaking. Adults 21 and older can legally possess up to 2.5 ounces of marijuana and are allowed to consume it in private residences or at licensed cannabis lounges. However, public use, including on the Las Vegas Strip and Fremont Street, is still prohibited by law. Understanding these guidelines helps you enjoy cannabis safely and legally while avoiding penalties.
At Miley Law Firm, we know how confusing marijuana laws in a city like Las Vegas can be. Our experienced drug attorneys are ready to help protect your rights, explain the new regulations, and guide you through any marijuana-related legal issues. Reach out today for a free consultation.
Overview of Nevada’s Marijuana Legalization
Nevada legalized recreational marijuana for adults 21 and older in 2017, after the passing of Question 2 by voters. Nevada was one of the earliest states to implement regulated adult-use cannabis in the U.S., reflecting the public’s growing acceptance of cannabis use.
The legalization significantly changed the state’s legal landscape. While possession in small amounts no longer carries criminal penalties, restrictions remain in place to prohibit public consumption and impaired driving.
Recreational vs Medical Marijuana in Nevada
In Nevada, marijuana use falls into two main categories: recreational and medical. While both forms are technically legal, possessing too much, using in public, or driving under the influence, can still lead to criminal charges.
Legal Age and Purchase Limits for Cannabis
In Nevada, you must be at least 21 years old to buy cannabis from a licensed dispensary. Recreational users can purchase up to one ounce of usable marijuana per transaction, while medical marijuana patients with a valid state-issued card are allowed larger amounts based on their approved treatment plan.
These limits include other forms of marijuana like edibles, concentrates, or tinctures. Dispensaries play a key role in enforcing these limits, by checking IDs, and ensuring that purchases stay within the legal thresholds.
How Much Weed Can You Legally Have in Nevada?
In Nevada, adults are allowed to possess marijuana, but the amount varies depending on whether you are a recreational user or a medical patient. Here’s a breakdown of the legal limits:
Recreational Marijuana Limits
- Adults 21 and older can possess up to 2.5oz of usable cannabis.
- Possession of concentrates (like oils or wax) is limited to 1/4 ounce (7 grams), which includes edibles, extracts, and vape cartridges.
- Edibles are also limited based on their THC content, with a maximum of 100 mg of THC per package and no more than 10 mg per serving.
Medical Marijuana Limits
- Patients with a valid state-issued medical card can possess larger amounts of usable marijuana, such as 2.5 ounces of consumable marijuana in a 14-day period.
- Medical patients may also possess greater quantities of concentrates and edibles as authorized under their medical plan.
Possession and Cultivation Limits in Nevada
In Nevada, possession and cultivation of marijuana are two key ways adults can legally use cannabis, but they mean different things. Possession refers to having cannabis in your control, whether it’s stored at home, carried on your person, or kept in an approved private space. Cultivation means growing cannabis plants yourself for personal use. Both are allowed under state law, but there are rules about how cannabis can be stored, used, and grown.
Home Cultivation Rules and Restrictions
In Las Vegas, recreational cannabis cultivation is illegal for most residents because state law prohibits growing within 25 miles of a licensed dispensary. Since there are many dispensaries throughout the Las Vegas Valley, home cultivation is incredibly rare for residents in the city and surrounding areas.
Recreational Cannabis Cultivation Rules
For adults 21 and older, recreational home cultivation is only permitted if your residence is located more than 25 miles from the nearest cannabis retail store.
If you do meet the distance requirement, the following rules apply:
- You may grow up to six plants per person, with a maximum of 12 plants per household.
- The plants must be cultivated in an enclosed, locked area that is not visible to the public.
- You must own the property or have written permission from the property owner to grow plants there.
Medical Marijuana Cultivation Rules
Qualified medical marijuana patients have some exceptions to the 25-mile rule. A patient may cultivate cannabis at home if one of the following conditions is met:
- You are too ill to travel to a dispensary.
- You lack transportation to get to a dispensary.
- The dispensary is unable to supply the specific strain of cannabis you need.
- There is no dispensary within 25 miles of your home.
Patients with a medical marijuana card can cultivate at home, but are subject to the same plant limits and security restrictions as recreational growers in rural areas.
Penalties for Illegal Cultivation
Violating Nevada’s cannabis cultivation laws can lead to serious penalties, especially for repeat offenses. Growing marijuana plants within 25 miles of a licensed dispensary is illegal and considered a misdemeanor for a first offense. If caught multiple times, the charges may escalate to a Category E felony.
Possessing or cultivating more than the maximum allowed limit of 12 plants per household is treated as a felony, regardless of intent. Additionally, cultivating marijuana plants in plain sight where they are visible to the public is prohibited by law. This violation can result in misdemeanor charges for the first two offenses.
These rules are designed to balance personal cultivation rights with public safety concerns. Anyone facing cultivation-related charges should speak to a dedicated criminal defense lawyer due to the potential severity of consequences.
Nevada Cannabis Regulations and Legal Updates for 2024-2025
Nevada’s cannabis regulations saw significant updates in 2024 and 2025, significantly reshaping how residents and visitors can purchase, possess, and consume marijuana. These changes aim to reduce the illicit cannabis market and improve oversight within the legal industry.
State regulators are focusing on refining rules surrounding ownership, waste management, and compliance to ensure the cannabis market remains safe, transparent, and accessible. These ongoing efforts help protect public health while supporting a responsible and thriving cannabis industry in Nevada.
New Laws Raising Possession Limits (Senate Bill 277)
Senate Bill 277 was passed in 2023 to update Nevada’s marijuana possession limits for adults 21 and older. The bill raised the amount of cannabis flower an individual can legally purchase and possess per transaction from one ounce to 2.5 ounces, and concentrates from one-eighth of an ounce to a quarter-ounce.
Lawmakers considered this change in response to growing public demand and the widespread use of cannabis, aiming to align possession limits with current consumer needs while reducing minor legal violations. The bill received broad support from residents and advocacy groups who argued that previous limits were outdated and restrictive. For marijuana users, SB 277 means fewer accidental legal issues from possession amounts that were previously considered over the limit, helping reduce misdemeanor charges.
Licensing and Regulation of Cannabis Consumption Lounges
Las Vegas has embraced cannabis-friendly nightlife with the introduction of licensed consumption lounges, creating safe and legal spaces for adults 21 and older to enjoy marijuana. These lounges operate under strict regulations from the Nevada Cannabis Compliance Board, including rules on where cannabis can be consumed, occupancy limits, and compliance with health and safety standards. Patrons must follow all state possession limits while inside, meaning the amount of cannabis brought or purchased cannot exceed legal thresholds.
Federal vs State Cannabis Law Conflicts
While cannabis is legal for recreational and medical use under Nevada law, cannabis remains illegal under federal law. This means that possession, cultivation, or sale of marijuana on federal property, including national parks, post offices, and military bases is strictly prohibited, even if done legally under state rules. Additionally, transporting cannabis across state lines is a federal offense, regardless of the legality in neighboring states.
Where Can You Legally Use Marijuana in Las Vegas?
- Private Residences: Adults 21 and older can consume marijuana in their own homes or on private property.
- Licensed Consumption Lounges: Certain businesses are licensed to allow on-site cannabis consumption.
- Medical Use: Patients with a valid medical marijuana card can use cannabis in private settings according to their treatment plan.
- Hotels and Short-Term Rentals: Consumption is only allowed if the property specifically permits it; most hotels and rentals prohibit marijuana use.
- Prohibited Areas: Public spaces such as streets, sidewalks, parks, casinos, and the Las Vegas Strip are off-limits.
- Driving Restrictions: Using marijuana while operating a vehicle is illegal, and there are strict THC limits for drivers.
- Federal Land: Cannabis remains illegal on federal property, including national parks and government buildings.
What to Know About Marijuana DUI and Criminal Charges
If you’re enjoying Las Vegas nightlife, it’s important to remember that driving while high is still illegal, and the city takes it seriously. In Las Vegas, law enforcement monitors drivers closely, especially in high-traffic areas like the Strip and the nightlife districts, using THC testing and behavioral assessments to determine impairment. Even if you feel capable, marijuana can slow reaction times, affect coordination, and impact judgment, factors that can lead to accidents and serious legal consequences.
Driving Under the Influence of Marijuana in Nevada
A marijuana DUI happens when you get behind the wheel while impaired by cannabis. Police can test your THC levels through blood, urine, or oral fluid to determine if you’re over the legal limit. Nevada is an implied consent state, which means if you’re pulled over on suspicion of DUI, you’re required to submit to testing or face automatic penalties like license suspension.
Penalties and Legal Defense Considerations
If you’re charged with a marijuana DUI in Las Vegas, the consequences can be serious and escalate with each offense. Here’s a breakdown of what you could face:
First Offense (Misdemeanor)
- 2–6 months in jail or 48–96 hours of community service (often suspended if you stay out of trouble)
- $400–$1,000 in fines, plus court costs
- 185-day driver’s license suspension (restricted license may be available)
- Mandatory DUI school and attendance at a Victim Impact Panel
- Possible installation of an ignition interlock device (IID) for up to 6 months
Second Offense (Misdemeanor, within 7 years):
- Minimum of 20 days in jail
- Higher fines than a first offense
- Mandatory enrollment in a substance abuse treatment program
Third Offense (Felony, within 7 years):
- Category B felony
- 1–6 years in state prison
- Fines up to $5,000
How Miley Law Firm Can Help with Cannabis-Related Legal Issues
At Miley Law Firm, we take a hands-on approach to your criminal defense, starting with a review of your case to uncover any weaknesses in the prosecution’s evidence. Whether it’s questioning the legality of a traffic stop, challenging the accuracy of a drug test, or investigating whether law enforcement followed proper procedure, we work to ensure your rights are fully protected at every step.
In many cases, we negotiate with prosecutors to reduce charges, seek alternatives to jail time, or push for case dismissals when the evidence doesn’t hold up. If a trial becomes necessary, we’re prepared to fight in court to achieve the best possible outcome. With our experience handling cannabis-related cases in Las Vegas, we know how to craft strong defenses to help your case.
Contact Miley Law Firm for a Free Consultation
Cannabis laws in Las Vegas may be more relaxed than in the past, but charges for possession, cultivation, or driving under the influence can still have serious consequences. At Miley Law Firm, we offer a free consultation to help you understand where you stand and what can be done to protect your record, your freedom, and your future. Reach out today and let us get to work on your defense.
