Is Medical Marijuana Legal in Nevada?
Use of plant of genus Cannabis for medical purposes.
1. The legislature shall provide by law for:
(a) The use by a patient, upon the advice of his physician, of a plant of the genus Cannabis for the treatment or alleviation of cancer, glaucoma, acquired immunodeficiency syndrome; severe, persistent nausea of cachexia resulting from these or other chronic or debilitating medical conditions; epilepsy and other disorders characterized by seizure; multiple sclerosis and other disorders characterized by muscular spasticity; or other conditions approved pursuant to law for such treatment.
(b) Restriction of the medical use of the plant by a minor to require diagnosis and written authorization by a physician, parental consent, and parental control of the acquisition and use of the plant.
(c) Protection of the plant and property related to its use from forfeiture except upon conviction or plea of guilty or nolo contendere for possession or use not authorized by or pursuant to this section.
(d) A registry of patients, and their attendants, who are authorized to use the plant for a medical purpose, to which law enforcement officers may resort to verify a claim of authorization and which is otherwise confidential.
(e) Authorization of appropriate methods for supply of the plant to patients authorized to use it.
2. This section does not:
(a) Authorize the use or possession of the plant for a purpose other than medical or use for a medical purpose in public.
(b) Require reimbursement by an insurer for medical use of the plant or accommodation of medical use in a place of employment.
Nev. Const. Art IV § 38 . Accordingly, Nevada residents who suffer from certain “chronic or debilitating medical conditions” are allowed to possess marijuana under state law. Once an individual is granted permission to possess marijuana for medical purposes they will be issued a medical marijuana “Nevada Registry Identification Card”, commonly referred to simply as your “card”. Under Nevada Statute NRS 453A.140 the card is defined as, “a document issued by the State of Nevada or its designee that identifies: A person who is exempt from state prosecution for engaging in the medical use of marijuana; or the designated primary caregiver, if any, of a person described in subsection 1.”
What Medical Conditions Qualify?
1. Acquired immune deficiency syndrome (AIDS);
4. A medical condition or treatment for a medical condition that produces, for a specific patient, one or more of the following:
(b) Persistent muscle spasms, including, without limitation, spasms caused by multiple sclerosis;
(c) Seizures, including, without limitation, seizures caused by epilepsy;
(d) Severe nausea; or
(e) Severe pain; or
(f) Post Traumatic Stress Disorder
5. Any other medical condition or treatment for a medical condition that is:
(a) Classified as a chronic or debilitating medical condition by regulation of the Division; or
(b) Approved as a chronic or debilitating medical condition pursuant to a petition submitted in accordance with NRS 453A.710.
Under Nevada Revised Statute 453A.710, an individual may file a petition to the Nevada Department of Health and Human Services requesting that a particular disease or condition be included among the qualifying diseases and conditions.
How Does an Individual Apply for a Medical Marijuana Card?
MEDICAL MARIJUANA REGISTRY NEW FEES EFFECTIVE APRIL 1, 2014
Due to Senate Bill 374 our fees have changed to the following:
Application Request - $25
Initial Application Registration-$75
Renewal Application Registration- $75
Patients will also be required to submit the following:
• Valid documentation from attending physician stating:
• Patient diagnosed with chronic or debilitating medical condition
• Medical use of marijuana may mitigate symptoms or effects
• Physician has explained possible risks and benefits
• Name, address, phone number, social security number, and date of birth
• Proof of residency
• Name, address and phone number of person’s attending physician
• Caregiver if person chooses to delegate at time of application
Once the application is submitted The Department of Health and Human Services will conduct a background check to determine if the applicant has ever been convicted of selling a controlled substance. The Department will also check the status of the medical provider who recommended the applicant for the program. There are several medical caregivers available in Nevada who can assist patients with their application. Once the application is approved the identification card is sent to the DMV to be issued to the successful applicant.
What can a holder of a medical marijuana card do without being prosecuted by the State of Nevada?
(a) Possession, delivery or production of marijuana;
(b) Possession or delivery of drug paraphernalia;
(c) Aiding and abetting another in the possession, delivery or production of marijuana;
(d) Aiding and abetting another in the possession or delivery of drug paraphernalia;
(e) Any combination of the acts described in paragraphs (a) to (d), inclusive; and
Any other criminal offense in which the possession, delivery or production of marijuana or the possession or delivery of drug paraphernalia is an element.
What acts are prohibited by holders of medical marijuana cards?
• Driving or operating a vehicle (including boats, aircraft or an ATV) while under the influence of marijuana
• Driving or operating a commercial vehicle while under the influence of marijuana
• Possessing a firearm while under the influence of marijuana in violation of paragraph (b) of subsection 1 of NRS 202.257
• Possessing marijuana that is not pursuant to a medical prescription
• Possessing or using marijuana in (1) Any public place or in any place open to the public or exposed to public view; or (2) Any local detention facility, county jail, state prison, reformatory or other correctional facility, including, without limitation, any facility for the detention of juvenile offenders.
• Delivering marijuana for consideration to any person, regardless of whether the recipient lawfully holds a registry identification card issued by the Division or its designee pursuant to NRS 453A.220 or 453A.250.
• Except as otherwise provided in NRS 453A.225 and in addition to any other penalty provided by law, if the Division determines that a person has willfully violated a provision of this chapter or any regulation adopted by the Division to carry out the provisions of this chapter, the Division may, at its own discretion, prohibit the person from obtaining or using a registry identification card for a period of up to 6 months.
Again it is important to understand that a person may still face prosecution under a litany of Federal Laws as the Federal Government does not recognize Nevada medical marijuana laws.
If an individual is licensed in another state can they possess marijuana for medical reasons in Nevada?
Are employers required to make accommodations for medical marijuana users?
How much marijuana can patients possess?
limited once state licensed dispensaries open up. Patients may also possess up to two ounces of usable marijuana or an equivalent amount of edibles or extracts as determined by the Nevada Division of Health.