23 Legal States

Nevada Medical Marijuana Laws

Full Text of Nevada's Medical Marijuana Law

CHAPTER 453A - MEDICAL USE OF MARIJUANA

GENERAL PROVISIONS

      NAC 453A.010  Definitions. (NRS 453A.710, 453A.740)  As used in NAC 453A.010 to 453A.240, inclusive, unless the context otherwise requires, the words and terms defined in NAC 453A.020 to 453A.070, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Dep’t of Agriculture by R095-01, eff. 10-1-2001; A by Health Div. by R042-03, 9-24-2003; A by Dep’t of Agriculture by R189-03, 1-3-2005)

      NAC 453A.020  “Attending physician” defined. (NRS 453A.740)  “Attending physician” has the meaning ascribed to it in NRS 453A.030.

     (Added to NAC by Dep’t of Agriculture by R095-01, eff. 10-1-2001)

      NAC 453A.030  “Chronic or debilitating medical condition” defined. (NRS 453A.740)  “Chronic or debilitating medical condition” has the meaning ascribed to it in NRS 453A.050.

     (Added to NAC by Dep’t of Agriculture by R095-01, eff. 10-1-2001)

      NAC 453A.040  “Department” defined. (NRS 453A.740)  “Department” means the State Department of Agriculture.

     (Added to NAC by Dep’t of Agriculture by R095-01, eff. 10-1-2001)

      NAC 453A.050  “Designated primary caregiver” defined. (NRS 453A.740)  “Designated primary caregiver” has the meaning ascribed to it in NRS 453A.080.

     (Added to NAC by Dep’t of Agriculture by R095-01, eff. 10-1-2001)

      NAC 453A.052  “Division” defined. (NRS 453A.710)  “Division” means the Health Division of the Department of Health and Human Services.

     (Added to NAC by Health Div. by R042-03, eff. 9-24-2003)

      NAC 453A.060  “Registry identification card” defined. (NRS 453A.740)  “Registry identification card” has the meaning ascribed to it in NRS 453A.140.

     (Added to NAC by Dep’t of Agriculture by R095-01, eff. 10-1-2001)

      NAC 453A.070  “State Health Officer” defined. (NRS 453A.710)  “State Health Officer” means:

     1.  The State Health Officer appointed pursuant to NRS 439.100; or

     2.  The designee of the Administrator of the Division, if:

     (a) No State Health Officer has been appointed pursuant to NRS 439.100;

     (b) The position of State Health Officer appointed pursuant to NRS 439.100 is vacant; or

     (c) The State Health Officer appointed pursuant to NRS 439.100 is absent from the State.

     (Added to NAC by Health Div. by R042-03, eff. 9-24-2003)

      NAC 453A.080  “Immature marijuana plant” and “mature marijuana plant” interpreted. (NRS 453A.740)  For the purposes of chapter 453A of NRS:

     1.  “Immature marijuana plant” means a marijuana plant with no observable flowers or buds.

     2.  “Mature marijuana plant” means a marijuana plant which has flowers or buds that are readily observable by an unaided visual examination.

     (Added to NAC by Dep’t of Agriculture by R095-01, eff. 10-1-2001)

REGISTRY IDENTIFICATION CARD

      NAC 453A.100  Application: Required accompanying information. (NRS 453A.210, 453A.740)

     1.  In addition to the materials required by NRS 453A.210, an application for a registry identification card must include:

     (a) A written statement signed by the applicant’s attending physician verifying that he was presented with a photographic identification of the applicant and the designated primary caregiver, if any, and that the applicant and the designated primary caregiver, if any, are the persons named in the application;

     (b) On forms prescribed by the Department, any information required by the Central Repository for Nevada Records of Criminal History;

     (c) On forms prescribed by the Department, any information required by the Department of Motor Vehicles;

     (d) A complete set of the fingerprints of the applicant and the designated primary caregiver, if any, taken by a state or local law enforcement agency;

     (e) A notarized medical marijuana program waiver and liability release form that is prescribed by the Department and signed by the applicant and designated primary caregiver, if any;

     (f) A notarized acknowledgment form that is prescribed by the Department and signed by the applicant and designated primary caregiver, if any;

     (g) If the applicant is under 18 years of age, a minor release form signed by the designated primary caregiver of the minor; and

     (h) Proof that the applicant is a resident, including, without limitation, a photocopy of a driver’s license issued by the Department of Motor Vehicles or a photocopy of an identification card issued by the Department of Motor Vehicles.

     2.  As used in this section, “resident” has the meaning ascribed to it in NRS 453A.210.

     (Added to NAC by Dep’t of Agriculture by R095-01, eff. 10-1-2001; A by R189-03, 1-3-2005)

      NAC 453A.110  Written notice of approval or denial of application; issuance of card by Department of Motor Vehicles. (NRS 453A.740)

     1.  If the State Department of Agriculture approves an application for a registry identification card:

     (a) The Department will provide the applicant and designated primary caregiver, if any, with written notice of its approval by registered mail.

     (b) The applicant and designated primary caregiver, if any, must present the written notice and proof of identity to an appropriate office of the Department of Motor Vehicles in order to receive a registry identification card. Upon the presentation of the written notice and proof of identity, the Department of Motor Vehicles shall prepare and issue a registry identification card to the applicant and designated primary caregiver, if any, after it has confirmed by telephone or other reliable means that the State Department of Agriculture has approved the issuance of the card.

     2.  If the Department denies an application for a registry identification card, the Department will provide the applicant and designated primary caregiver, if any, with written notice of its denial by registered mail.

     (Added to NAC by Dep’t of Agriculture by R095-01, eff. 10-1-2001)

      NAC 453A.120  Notification to Department of change in information. (NRS 453A.230, 453A.740)  A person who is required to comply with the provisions of NRS 453A.230 shall notify the Department of any change in the information required by that section within 7 days after the change in that information.

     (Added to NAC by Dep’t of Agriculture by R095-01, eff. 10-1-2001)

      NAC 453A.130  Renewal. (NRS 453A.220, 453A.740)

     1.  Except as otherwise provided in subsection 2, a person to whom a registry identification card has been issued may renew that card by:

     (a) Submitting to the State Department of Agriculture a form for renewal prescribed by the Department and the materials required by NRS 453A.210 and NAC 453A.100; and

     (b) Returning his expired registry identification card to the Department of Motor Vehicles.

     2.  A person who wishes to renew his registry identification card is not required to comply with the provisions of paragraph (d) of subsection 1 of NAC 453A.100.

     (Added to NAC by Dep’t of Agriculture by R095-01, eff. 10-1-2001)

      NAC 453A.140  Fees. (NRS 453A.740)  The Department will charge and collect the following fees:

     1.  For the issuance to a person, for the first time, of a packet of application materials to

be used in applying for a registry identification card.................................................................. $50

     2.  For the issuance to a person of a registry identification card after the Department has

approved the person’s application to receive such a card.......................................................... $150

     (Added to NAC by Dep’t of Agriculture by R189-03, eff. 1-3-2005)

DESIGNATED PRIMARY CAREGIVER

      NAC 453A.150  Restrictions. (NRS 453A.740)

     1.  A person with a chronic or debilitating disease to whom a registry identification card has been issued may not be a designated primary caregiver.

     2.  A designated primary caregiver may not be the designated primary caregiver to more than one person.

     (Added to NAC by Dep’t of Agriculture by R095-01, eff. 10-1-2001)

PETITION FOR QUALIFICATION OF DISEASE OR CONDITION AS CHRONIC OR DEBILITATING MEDICAL CONDITION

      NAC 453A.200  Submission; confidentiality; period for approval. (NRS 453A.710)

     1.  A person may submit to the State Health Officer, in the form prescribed by the Division, a petition requesting that a particular disease or condition be included among the diseases and conditions that qualify as chronic or debilitating medical conditions.

     2.  The contents of a petition submitted pursuant to subsection 1 are confidential and, except as otherwise provided in NAC 453A.230, neither the State Health Officer nor the Division shall disclose the name or other identifying information of:

     (a) The person who submitted the petition; or

     (b) The attending physician, if any, of the person who submitted the petition.

     3.  The Division, through the State Health Officer, will approve a petition submitted pursuant to subsection 1 within 180 days after the date on which the petition is received.

     (Added to NAC by Health Div. by R042-03, eff. 9-24-2003)

      NAC 453A.210  Review by State Health Officer; return to petitioner. (NRS 453A.710)

     1.  The State Health Officer will review each petition that is submitted pursuant to subsection 1 of NAC 453A.200 to determine whether:

     (a) The petition is in the form prescribed by the Division;

     (b) The petition is complete; and

     (c) The particular disease or condition described in the petition is already included among the diseases and conditions that qualify as chronic or debilitating medical conditions.

     2.  If, as determined by the State Health Officer, the petition:

     (a) Is not in the form prescribed by the Division;

     (b) Is not complete; or

     (c) Describes a particular disease or condition that is already included among the diseases and conditions that qualify as chronic or debilitating medical conditions,

Ê the State Health Officer will refuse to accept the petition and will return the petition to the person that submitted the petition, accompanied by an explanation of the reason for its return.

     (Added to NAC by Health Div. by R042-03, eff. 9-24-2003)

      NAC 453A.220  Determinations by State Health Officer. (NRS 453A.710)

     1.  If a petition that is submitted pursuant to subsection 1 of NAC 453A.200 is determined by the State Health Officer to meet the requirements for submittal that are set forth in NAC 453A.210, the State Health Officer will determine whether the Division will include the particular disease or condition that is described in the petition among the diseases and conditions that qualify as chronic or debilitating medical conditions.

     2.  The determination of the State Health Officer as to whether the Division will include a particular disease or condition among the diseases and conditions that qualify as chronic or debilitating medical conditions must be made in consideration of, without limitation:

     (a) The symptoms of the disease or condition;

     (b) The expected duration of the symptoms of the disease or condition;

     (c) The medical treatments available for the disease or condition;

     (d) The side effects of the medical treatments available for the disease or condition, including, without limitation, the duration of those side effects; and

     (e) The presentation of scientific literature regarding the disease or condition.

     (Added to NAC by Health Div. by R042-03, eff. 9-24-2003)

      NAC 453A.230  Notification of approval or denial. (NRS 453A.710)  Within 10 working days after the date on which the State Health Officer approves or denies a petition that is submitted pursuant to subsection 1 of NAC 453A.200, the Division will transmit a copy of the approval or denial to:

     1.  The person who submitted the petition; and

     2.  The Director of the Department.

     (Added to NAC by Health Div. by R042-03, eff. 9-24-2003)

      NAC 453A.240  Final decision for purposes of judicial review. (NRS 453A.710)  The decision of the State Health Officer to deny a petition that is submitted pursuant to subsection 1 of NAC 453A.200 is a final decision for the purposes of judicial review.

     (Added to NAC by Health Div. by R042-03, eff. 9-24-2003)

Offense

Penalty

Incarceration

  Max. Fine  

Possession

Personal Use

1 oz. or less (First Offense)

Misdemeanor

N/A

$600

1 oz. or less (Second Offense)

Misdemeanor

N/A

$1,000

1 oz. or less (Third Offense)

Misdemeanor

1 year

$1,000

1 oz. or less (Fourth Offense)

Felony

*1-4 years

$5,000

Or mandatory assessment or treatment for first and second offense.

* Mandatory minimum sentence.

With Intent To Distribute

Any amount

Felony

*1-4 years

$5,000

Following a felony conviction of any drug offense.

Felony

*1-5 years

$10,000

If previously convicted of two or more drug felonies.

Felony

*3-15 years

$20,000

* Mandatory minimum sentence.

Sale or Delivery

Less than 100 lbs. (First Offense)

Felony

*1-6 years

$20,000

Less than 100 lbs. (First Offense)

Felony

*2-10 years

$20,000

Less than 100 lbs. (First Offense)

Felony

*3-15 years

$15,000

100 lbs. to 2,000 lbs.

Felony

*1-5 years

$25,000

2,000 lbs. to 10,000 lbs.

Felony

*2-10 years

$50,000

10,000 lbs. or more

Felony

*2-Life

$200,000

* Mandatory minimum sentence.

Cultivation

100 lbs. to 2,000 lbs.

Felony

*1-5 years

$25,00

2,000 lbs. to 10,000 lbs.

Felony

*2-10 years

$50,000

10,000 lbs. or more

Felony

*2-Life

$200,000

* Mandatory minimum sentence.

Paraphernalia

Possession or use of paraphernalia.

Misdemeanor

6 months

$1,000

Sale, delivery, manufacture, or possession with intent.

Felony

*1-4 years

$5,000

Sale to a minor who is at least 3 years younger.

Felony

*1-5 years

$10,000

* Mandatory minimum sentence.

Miscellaneous:

Knowingly maintaining a structure used for drug offenses.

Felony

*1-6 years

$10,000

100 lbs. to 2,000 lbs.

Civil Penalty

N/A

$350,000

2,000 lbs. to 10,000 lbs.

Civil Penalty

N/A

$700,000

10,000 lbs. or more

Civil Penalty

N/A

$1,000,000

* Mandatory minimum sentence.