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The marijuana attorneys at Connor & Connor Pllc. defend Nevada residents and companies who are facing charges, or need legal advice relating to medical marijuana.
Although marijuana remains illegal throughout the United States, in 2001 the state instituted the Nevada Medical Marijuana Program (NMMP), whereby ill Nevada residents may apply to use marijuana for medical purposes. Currently, about 5000 Nevadans benefit from the NMMP. This page is a comprehensive source of information about medical marijuana law in Clark County, Nevada and the NMMP.
If you are in need of criminal defense legal representation here in Las Vegas, contact the cannabis lawyers at Connor & Connor at 702-750-9139 to schedule a consultation.
Is Medical Cannabis Legal in Nevada?
The answer depends which government you are dealing with. Without getting too deep into a history lesson, our republic is made up of 50 state governments and the Federal Government of the United States of America through the concept of “Federalism”. Historically most governmental power was vested in the states, but in the latter part of the 19th century our nation saw an unprecedented shift in power to the Federal Government. With regard to medical marijuana, is important to understand that the Federal Government of the United States prohibits marijuana possession, transportation, cultivation or use for any purpose. Thus, in the eyes of the Federal Government, marijuana is always illegal. However, many state governments have changed their laws to allow for the use of marijuana for medical purposes. On November 7, 2000, sixty five percent of voters in Nevada chose to amend the State Constitution to allow for the use of marijuana for medical purposes making Nevada one of the few states that has enshrined a right to use marijuana for medical purposes in its Constitution. Article IV Section 38 of the Constitution of the State of Nevada states:
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?
Under Nevada Revised Statute 453A.050 an individual must suffer from a “Chronic or Debilitating Medical Condition” which is defined as:1. Acquired immune deficiency syndrome (AIDS);2. Cancer;3. Glaucoma;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
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 Cannabis Card?
Call DrReefer 702-428-0000
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 these are the acts that a holder can do without going to jail. 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:(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; andAny 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 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 to another person who he or she knows does not lawfully hold a registry identification card issued by the Division or its designee pursuant to NRS 453A.220 or 453A.250.• 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?
Quite simply the answer is NO. Nevada does not recognize any other state’s medical marijuana provisions. This is a big issue given Nevada’s status as a tourist destination, particularly for our visitors from neighboring states such as California which have much more liberal medical marijuana laws. Therefore, valid card holders from other states are subject to criminal prosecution if they are found to be in possession of marijuana in Nevada. However, you may be entitled to a medical necessity defense pursuant to Nevada Law, but this would have to be determined by your attorney.
Are employers required to make accommodations for medical marijuana users?
No, employers are not required to make any accommodations for employees who are prescribed marijuana.
Are cannabis dispensaries legal in Nevada?
Pursuant to Nevada law, only a patient and their primary caregiver are allowed to produce marijuana. Therefore, as the law stands medical marijuana patients are essentially required to grow their own marijuana. Unfortunately, it is illegal to acquire the seeds necessary to grow marijuana for medical purposes. However, at present there is bill pending in the Nevada Legislature which would clear up some of the legal ambiguities regarding this issue.
How much medical marijuana can patients possess?
In Nevada medical marijuana patients and their primary caregiver are allowed to possess one ounce of usable marijuana for personal use. Patients and primary caregivers are also allowed to possess three mature plans and four immature plants in order to produce their marijuana.
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 cannabis?
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 cannabis attorneys at Connor & Connor Pllc. immediately.