SUMMARY: On November 7, 2000 sixty-five percent (65%) of Nevada voters approved Question 9, which amended the Nevada State Constitution to allow for the medical use of marijuana. Nevada's law became effective on October 1, 2001. The new law removed Nevada state-level criminal penalties for the possession, use and cultivation of marijuana by qualified Patients who have “written documentation” from their physicians stating that marijuana may alleviate symptoms of his or her qualifying medical condition. People diagnosed with any of the following medical conditions are legally protected from criminal prosecution for possession or use of marijuana under this act: AIDS, cancer, glaucoma and any medical condition or treatment for a medical condition that produces cachexia, persistent muscle spasms or seizures, severe nausea or pain. Any other medical conditions have to be approved by the health division of Nevada's Department of Human Resources. Medical marijuana Patients (or their Primary Caregivers) can legally possess up to one (1) one ounce of useable marijuana and they are allowed to grow up to seven (7) marijuana plants, of which only three (3) can be mature. Nevada's medical marijuana law established a confidential, state-run patient registry that issues identification cards to qualified medical marijuana patients. Patients who do not join the registry or who possess marijuana in amounts greater than allowed by law may argue the “affirmative defense of medical necessity” if they are arrested and/or prosecuted for criminal use, possession or cultivation of marijuana.
RECIPROCITY: Nevada's medical marijuana provisions
do not include reciprocity to protect Patients visiting Nevada
from other medical use states.
MEDICAL MARIJUANA STATUTES: The statute governing medical marijuana use in the state of Nevada is Nev. Rev. Stat. §§453A.010 - 453A.240 (2008).
CAREGIVERS: Nevada's medical marijuana policy allows for the designation of a Primary Caregiver who is a person responsible for managing the well-being of a Patient diagnosed with a qualifying chronic or debilitating medical condition. The Primary Caregiver must be at least 18 years old and cannot be the Patient's attending physician. Medical marijuana Patients can designate only one (1) Primary Caregiver. Nevada's medical marijuana law regarding the use of Caregivers can be viewed at Nev. Rev. Stat. Ann. §§435A.080(1)(a), (2); 435A.250(2) (2008).
CONTACT INFORMATION: Patient and
Caregiver applications and additional information regarding
Nevada's medical marijuana registry is available through the
Nevada Department of Health and Human Services, Nevada State
Health Division, 4150 Technology Way, Suite 104, Carson
City, Nevada 89706 -- Phone: 775-687-7594
Nevada Medical Marijuana Statistics: