Nevada: Medical Marijuana Law Overview and State Fines/Penalties - Archive

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Nevada Medical Marijuana Law Overview​

SUMMARY: Sixty-five percent of voters approved Question 9 on November 7, 2000, which amends the states’ constitution to recognize the medical use of marijuana. The law took effect on October 1, 2001. The law removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who have “written documentation” from their physician that marijuana may alleviate his or her condition. Patients diagnosed with the following illnesses are afforded legal protection under this act: AIDS; cancer; glaucoma; and any medical condition or treatment to a medical condition that produces cachexia, persistent muscle spasms or seizures, severe nausea or pain. Other conditions are subject to approval by the health division of the state Department of Human Resources. Patients (or their primary caregivers) may legally possess no more than one ounce of usable marijuana, and may cultivate no more than seven marijuana plants, of which no more than three may be mature. The law establishes a confidential state-run patient registry that issues identification cards to qualifying patients. Patients who do not join the registry or possess greater amounts of marijuana than allowed by law may argue the “affirmative defense of medical necessity” if they are arrested on marijuana charges.

Accepts other states' registry ID cards? No. The medical use provisions in Nevada do not include reciprocity provisions protecting visitors from other medical use states.

AMENDMENTS: No.

MEDICAL MARIJUANA STATUTES: Nev. Rev. Stat. §§ 453A.010 - 453A.240 (2008).

POSSESSION/CULTIVATION: Patients (or their primary caregivers) may legally possess no more than one ounce of usable marijuana, three mature plants, and four immature plants.

• 1 oz usable; 7 plants (3 mature, 4 immature)

CAREGIVERS: Yes. Designated primary caregiver is a person who has significant responsibility for managing the well-being of a person diagnosed with a chronic or debilitating medical condition. Caregiver does not include the attending physician. The caregiver must be 18 years of age or older. Patients may only have one designated primary caregiver. Nev. Rev. Stat. Ann. §§435A.080(1)(a), (2); 435A.250(2) (2008).

PATIENT REGISTRATION FEE: $150, plus $15-42 in additional related costs

• Registration: Mandatory

For more detailed information: Becoming a Patient in Nevada

CONTACT INFORMATION: Application information for the Nevada medical marijuana registry is available by writing or calling:

Nevada Department of Health and Human Services, Nevada State Health Division
4150 Technology Way, Suite 104
Carson City, Nevada 89706
Phone: 775-687-7594
Fax: 775-684-4156
health.nv.gov/MedicalMarijuana.htm

Source: NORML
 
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Nevada Marijuana Penalties

Possession

♦ Less than 1 oz (first offense) - misdemeanor Incarceration rehabilitation/ treatment Fine $600

♦ Less than 1 oz (second offense) - misdemeanor Incarceration rehabilitation/ treatment Fine $1,000

♦ Less than 1 oz (third offense) - gross misdemeanor Incarceration 1 year Fine $2,000

♦ Less than 1 oz (fourth offense) - class E felony Incarceration 1 - 4 years Fine $5,000

♦ Medical use permitted if less than 1 oz or 3 to 4 plants.


Sale or Cultivation

♦ Less than 100 lbs (first offense) - felony Incarceration 1 - 6 years Fine $20,000

♦ Less than 100 lbs (second offense) - felony Incarceration 2 – 10 years Fine $20,000

♦ Less than 100 lbs (subsequent offense) - felony Incarceration 3 - 15 years Fine $20,000

♦ 100 to 2,000 lbs - felony Incarceration 5 years Fine $25,000

♦ 2,000 to 10,000 lbs - felony Incarceration 2 - 20 years Fine $50,000

♦ More than 10,000 lbs - felony Incarceration life* Fine $200,000

♦ To a minor (first offense) - felony Incarceration 1 - 20 years Fine variable

♦ To a minor (second offense) - felony Incarceration life Fine variable

♦ Within 1,000 feet of school or other specifed areas - felony Incarceration double penalty Fine double penalty

*Parole possible after 5 years.
Medical use permitted if less than 1 oz (3 to 4 plants).


Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)

♦ Paraphernalia possession - misdemeanor Incarceration 6 months Fine $1,000

♦ Paraphernalia sale - felony Incarceration 1 - 4 years Fine $5,000


Details

♦ Possession of marijuana is a misdemeanor and is punishable by a fine of $600 or possible drug treatment. For a second offense, the fine increases to $1,000. For a third offense, the punishment is up to one year in jail and a fine of up to $2,000. A fourth offense changes the classification to a felony and is punishable by 1 - 4 years in prison and a fine of up to $5,000.

Cultivation, delivery or sale of less than 100 pounds of marijuana is punishable by 1 - 6 years in prison and a fine of up to $20,000 for the first offense. For a second offense, the penalty increases to 2 - 10 years in prison and a fine up to $20,000.

For a third or subsequent offense, the penalty increases to 3 - 15 years in prison and a fine up to $20,000. Cultivation, delivery or sale of 100 pounds or more is punishable by up to five years in prison and a fine up to $25,000. For amounts of 2,000 pounds or greater, the penalty increases to 2 - 20 years in prison and a fine up to $50,000. For amounts greater than 10,000 pounds the penalty can be up to life in prison, with the possibility for parole after a
minimum of five years and a fine up to $200,000.

It is an affirmative defense to any charge of possession, delivery or production of marijuana that the person is engaged in the medical use of marijuana if the amount is no more than one ounce of usable marijuana, three
mature plants or four immature plants.

Any sale to a minor is punishable by 1 - 20 years in prison for the first offense, and up to life for a second offense. Sale within 1,000 feet of a school, video arcade, public pool or youth center doubles the possible
penalty.

Possession of paraphernalia is punishable by up to six months in jail and a fine up to $1,000. Sale of paraphernalia is punishable by 1 - 4 years in prison and a fine up to $5,000.

Decriminalization: The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

Medical marijuana: This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.

Drugged driving: This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have any detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific threshold.

Marijuana tax stamps: This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction.

Warning: The information contained in all of the above report is for informational purposes only. Individuals are encouraged to confirm their state's laws before engaging in any particular behavior, or before going to court without a lawyer. Marijuana laws and penalties change rapidly and are enforced and interpreted differently even in the same legal jurisdiction. Please consult a criminal defense lawyer if you have been busted or if you want to know how a particular conduct might be punished. If you spot an error or have information that should be included please let us know.

Source: NORML

Be informed and be well.

:Namaste:
 
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Hi, I am a Nevada resident and a Medical Marijuana Patient and just wanted to let everyone know that the new bill SB 374 that will allow for local dispensaries to open around the state will also essentially OUTLAW of growing your own plants!


If any Nevadans are reading this and are already aware, what is your reaction to this??


I am trying to let as many local mmj patients know as possible and ask them to contact their local officials who sponsored/support the bill to ask them to reconsider this latest amendment.

I, as well as few of my friends wrote the letters to the bill Sponsors: Senator Tick Segerblom, Assemblyman Paul Aizley, and Co-Sponsors: Senator Mark Manendo, Assemblyman Joseph Hogan, and Assemblywoman Heidi Swank. Stating that it is unlawful to limit the right to only those who can afford the unreasonalbe prices of dispensaries, while removing the right of affordable "do it yourself" alternative from those for who otherwise will not be able afford the medication.

However, it is clear that more of us need to unite in our efforts and let them know that it is not just or lawful to marginalize those of us that can only afford mmj if we grow our own simply on the basis of our financial status. As many of us will not be able to afford dispensary prices an if we will it will seriously cut in to the finances we can otherwise spend on our families. Also many of use chronic pain patients can't work full time, thus we just don't make sufficient enough money to buy, we must grow!

I have the emails for the elected officials in question and can provide to anyone who is interested in contacting them to make it easier. I was just not sure if it is OK to post them here!

Thanks!
Anna
 
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