Is marijuana legal in Nevada?
Yes. As of 2026, marijuana (weed) is legal in Nevada for adults 21 and older, who can possess up to 2.5 ounces and buy it at licensed stores. Home grow is limited, and medical cannabis is also legal.
Status checked November 4, 2026
Contents
Marijuana laws in Nevada
Nevada voters legalized adult-use cannabis by passing Question 2 on November 8, 2016. The law took effect January 1, 2017, and is now in NRS Chapter 678D. Medical cannabis has been legal since voters approved Question 9 in 2000. The Cannabis Compliance Board regulates the market.
Adults 21 and older are exempt from state prosecution when they possess, deliver or produce no more than 2.5 ounces of usable cannabis, one-fourth of an ounce of concentrated cannabis, six cannabis plants, and a maximum amount of adult-use products set by the Board. They may grow no more than six plants in an enclosed, locked area not exposed to public view, and no more than 12 plants may be grown at a residence. They may give 2.5 ounces or less of usable cannabis, or one-fourth of an ounce or less of concentrate, to another adult if they are not paid and do not advertise the delivery.
Cultivation is not allowed within 25 miles of a licensed adult-use cannabis retail store, unless the person is a licensed cultivation facility or its agent. Licensed retail stores sell to adults 21 and older. The state also licenses cannabis consumption lounges.
Driving under the influence is not exempt. Marijuana remains illegal under federal law, apart from state-licensed medical marijuana, which moved to Schedule III in April 2026.
Las Vegas, Nevada – December 7, 2023: Curaleaf cannabis dispensary, 1736 S Las Vegas Boulevard Photo: Adobe Stock (editorial use only).
What the law says
Legal
- Does not, at any one time, possess, deliver or produce more than: (1) Two and one-half ounces of usable cannabis; (2) One-fourth of an ounce of concentrated cannabis; (3) Six cannabis plants, irrespective of whether the cannabis plants are mature or immature
- Cultivates, grows or produces not more than six cannabis plants
- Delivers 2.5 ounces or less of usable cannabis or one-fourth of an ounce or less of concentrated cannabis without remuneration to a person who is 21 years of age or older so long as such delivery is not advertised or promoted to the public
Not legal
- Cultivate cannabis within 25 miles of an adult-use cannabis retail store licensed pursuant to chapter 678B of NRS, unless the person is an adult-use cannabis cultivation facility or is a cannabis establishment agent volunteering at, employed by or providing labor to an adult-use cannabis cultivation facility
- Driving, operating or being in actual physical control of a vehicle, a power-driven vessel or aircraft while under the influence of cannabis
Quoted from Nevada Revised Statutes 678D.200.
How old do you have to be to use marijuana in Nevada?
You have to be 21 to buy weed in Nevada for adult use. Chapter 678D's personal-use exemption applies to a person 21 years of age or older. Licensed adult-use retail stores sell only to adults 21 and older who show a valid ID. Medical cannabis remains available to qualifying patients, including some younger patients with a caregiver, under NRS Chapter 678C.
How much marijuana can you have in Nevada?
Adults 21 and older in Nevada can have up to 2.5 ounces of usable cannabis and up to one-fourth of an ounce of concentrated cannabis at one time. That limit applies when you carry cannabis, including in a car. You can also give another adult up to those same amounts without payment if you do not advertise the delivery. Homegrown plants, if you are allowed to grow them, count toward the six-plant cap, and a residence may have no more than 12 plants.
Where can you buy marijuana in Nevada?
You can buy weed in Nevada at licensed adult-use cannabis retail stores regulated by the Cannabis Compliance Board. Adults 21 and older need a valid ID. Medical patients can buy at medical cannabis dispensaries. The state also licenses cannabis consumption lounges, where cannabis bought at the lounge can be used on site. Buying from an unlicensed seller is not legal.
Can you grow marijuana at home in Nevada?
Yes, but only in limited places. Adults 21 and older in Nevada can grow up to six cannabis plants in an enclosed, locked area that is not exposed to public view, and no more than 12 plants may be grown at a residence. You may not cultivate cannabis within 25 miles of a licensed adult-use retail store unless you are a licensed cultivation facility or its agent. In much of the state, that 25-mile rule means home grow is not allowed.
Where can you use marijuana in Nevada?
You can smoke weed in Nevada on private property and at licensed cannabis consumption lounges. The personal-use exemption does not authorize public consumption wherever local or state rules ban it, or use on someone else's property against the owner's rules. Licensed lounges are the main public place where on-site consumption is separately authorized. Using cannabis while driving is not protected.
How do you get a medical marijuana card in Nevada?
To get a medical marijuana card in Nevada, you apply to the state's medical cannabis program with a written certification from a medical provider for a qualifying condition. Qualifying patients and caregivers can buy at medical dispensaries and have the medical chapter's possession privileges. Patients under 18 need a caregiver. The medical program continues alongside adult use.
Can visitors buy or use marijuana in Nevada?
Yes. Out-of-state visitors can buy marijuana in Nevada if they are 21 or older. Chapter 678D's adult-use exemption has no residency requirement for possession or retail purchase. Visitors follow the same 2.5-ounce and concentrate limits as residents and cannot grow plants within 25 miles of a licensed retail store. Taking cannabis out of Nevada across state lines remains illegal under federal law.
What are the rules on driving and marijuana in Nevada?
No, you can't drive high in Nevada. A person is not exempt from state prosecution for driving, operating or being in actual physical control of a vehicle, a power-driven vessel or an aircraft while under the influence of cannabis. Nevada's DUI laws still apply to residents, visitors and medical patients. Possessing a legal amount in the car is not a defense to impaired driving.
Can an employer in Nevada fire you for using marijuana?
Yes, you can get fired for using marijuana in Nevada. The adult-use chapter does not require employers to allow cannabis at work or block drug-free workplace policies. Employers may still prohibit possession, use and impairment on the job, including for medical cannabis patients.
What are the penalties for breaking marijuana laws in Nevada?
In Nevada, adults 21 and older who stay within the 2.5-ounce usable limit, the one-fourth-ounce concentrate limit and the plant rules are exempt from state prosecution for those acts. Growing within 25 miles of a licensed adult-use retail store, possessing more than the legal limits, selling without a license or driving under the influence can bring separate charges. Giving cannabis to someone under 21 is not protected.
Are CBD, hemp and delta-8 products legal in Nevada?
CBD from lawful hemp can be sold when it meets Nevada's hemp definition. Delta-8, THCA flower and other intoxicating products that do not meet that definition are treated as cannabis and belong in the licensed market. Licensed stores sell tested adult-use products, including concentrates, subject to package THC caps in NRS 678D. Separately, a stricter federal hemp definition, with a total-THC standard that counts THCA and a 0.4 mg-per-container cap, takes effect December 11, 2026.
Does federal law still apply in Nevada?
Yes. Federal law still applies in Nevada. Marijuana remains a Schedule I controlled substance under federal law, with one exception: since April 28, 2026, marijuana covered by a state medical marijuana license and FDA-approved marijuana products are in Schedule III. A broader federal rescheduling proceeding was stayed on September 29, 2026, and has no decision date. State law does not change federal rules on federal land, on carrying marijuana across state lines, or on federally required drug testing, such as for DOT-regulated jobs.
Has the law in Nevada changed recently, or is it about to?
Nevada's adult-use limits in NRS 678D have been updated since the original 2016 ballot measure. The current personal-use text, as revised through 2023, allows 2.5 ounces of usable cannabis and one-fourth of an ounce of concentrated cannabis, not the original one-ounce figure. The 25-mile home-grow restriction remains in NRS 678D.310. New federal hemp limits take effect November 12 and December 11, 2026.
Legislation
Sources (7)
General information, not legal advice. Laws change often, so check with the state's cannabis agency before relying on this.
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