What can a holder of a medical marijuana card do without being prosecuted by the State of Nevada?
This is a critical question for holders of medical marijuana cards in Nevada, in essence this is what a patient can do without violating Nevada state law (remember, patients and caregivers are always subject to federal prosecution). The acts permitted are defined in Chapter 453 of the Nevada Revised Statutes. According to Nevada Statute, a person who is a holder of a valid marijuana is exempt from criminal prosecution for the following acts:
- Possession, delivery or production of marijuana;
- Possession or delivery of drug paraphernalia;
- Aiding and abetting another in the possession, delivery or production of marijuana;
- Aiding and abetting another in the possession or delivery of drug paraphernalia;
- 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?
Again, this is a critical issue for holders of medical marijuana cards. Nevada law specifically prohibits card holders from engaging in the following acts:
- 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 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 to another person who he or she knows is not lawfully allowed to possess marijuana.
- 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. State law will not protect you on federal property.
If an individual is licensed in another state can they possess marijuana for medical reasons in Nevada?
Effective April 1, 2014, Nevada has granted reciprocity to valid medical marijuana cardholders from other states. Nonresident patients with active marijuana patient cards in their home jurisdiction will be able to purchase marijuana from a Nevada marijuana dispensary as a medical patient under certain conditions. However, you must abide by Nevada’s laws while you are within the state of Nevada, including the maximum possession limits and restrictions on transfers.
Are employers required to make accommodations for medical marijuana users?
Pursuant to Nevada law employers must make reasonable accommodations to medical marijuana patients. However, there are some exceptions to this rule and remember that Nevada is an at-will employment state.
How much marijuana can patients possess?
Some Patients with valid cards may cultivate up to twelve (12) marijuana plants irrespective of the plant’s maturity or gender. However, the right to grow will be 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.
Will your health insurance compensate you for costs associated with medical marijuana use?
No, Nevada law does not require health insurers to compensate their clients for any costs associated with producing or consuming marijuana for medical reasons.
Can you be evicted from housing for producing or using medical marijuana?
Nevada does not presently have a specific law governing whether you may be evicted from your residence as a result of the production or consumption of marijuana for medical reasons. However, people living in federally subsidized home (HUD Homes) may be evicted. Further, many residential lease contracts include restrictions on the use or production of illegal substances on the premises. Thus, you could be subject to a civil eviction by your landlord, but again this would be an area where you would need to seek the advice of an attorney.
What do you do if you are charged with marijuana possession?
If you are charged with possession of marijuana, you should contact one of the attorneys at Connor & Connor PLLC. immediately.
What if you need legal advice regarding medical marijuana?
If you have questions regarding medical marijuana possession, consumption or production you should contact the attorneys at Connor & Connor PLLC. immediately.