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Cannabis in Nevada became legal for recreational use on January 1, 2017, following the passage of Question 2 on the 2016 ballot with 54% of the vote. The first licensed sales of recreational cannabis began on July 1, 2017.
Medical use was legalized after a pair of ballot measures passed in 1998 and 2000. Legislation to allow for licensed sales was approved separately in 2013. The first medical cannabis dispensary opened on July 31, 2015.
Nevada first banned cannabis in 1923, during a nationwide trend of states limiting the drug between 1911 and 1933. [1]
A ballot measure to legalize cannabis for medical use, the Nevada Medical Marijuana Act, passed with 59% of the vote in 1998. [2] It passed for a second time in 2000 with 65% of the vote. [3] The initiative was required to pass in two consecutive elections because it sought to amend the state constitution. [4]
Medical use was officially legalized with the June 2001 passage of Assembly Bill 453, which took effect on October 1. [5]
Assembly Bill 453 also contained a provision to make possession of up to one ounce a fine-only misdemeanor, only resulting in criminal charges for a third offense. [5]
Prior to the passage of AB 453, Nevada was the only state for which possessing any amount of cannabis was a felony. [5]
A ballot measure to legalize cannabis for recreational use, Question 9, failed with 39% of the vote in 2002. [6] [7] Titled the Decriminalization of Marijuana Amendment, the measure would have legalized the possession of up to three ounces of cannabis and allowed it to be sold at dispensaries. [8] The measure was opposed by drug czar John P. Walters who traveled to Nevada twice to campaign against its passage. [9]
A second initiative to legalize cannabis for recreational use, the Regulation of Marijuana Initiative (Question 7), failed with 44% of the vote in 2006. [10] It would have legalized the possession of up to an ounce of cannabis and allowed it to be sold at dispensaries, while also increasing penalties for some cannabis offenses. [11]
Recreational use of cannabis was legalized after the Initiative to Regulate and Tax Marijuana (Question 2) passed with 54% of the vote on November 8, 2016. [12] [13] Possession of up to one ounce of cannabis became legal for adults 21 and over on January 1, 2017. [14] [15] The initiative also allows adults to cultivate up to six plants if they live more than 25 miles from a dispensary. [16] The first dispensaries opened to the public on July 1, 2017. [17] [18]
Question 2 was opposed by casino magnate Sheldon Adelson, who donated $3.35 million to the campaign to defeat the initiative. [19] Adelson also purchased the Las Vegas Review-Journal in December 2015, after which the editorial board reversed its earlier endorsement of the initiative. [20] Prior to the flip-flop, the Review-Journal supported legalization as far back as 2002. [20] The main sponsor in support of the initiative was Marijuana Policy Project. [14]
In June 2021, Governor Steve Sisolak signed Assembly Bill 341, allowing the operation of alcohol-free consumption lounges where adults can purchase and consume cannabis products. Lounges can be either stand-alone independent businesses or attached to existing dispensaries. The lounges offer tourists a venue to consume cannabis outside a private home. [21] [22]
In November 2022, the Cannabis Compliance Board announced the issuance of 40 prospective licenses for consumption lounges. [23] Of those, three were issued conditional licenses in June 2023. [24]
The first lounge to open in the state was at Nuwu Cannabis Marketplace, operated by the Las Vegas Pauite Tribe, in October 2019. [25] The first to open on non-tribal land was Smoke and Mirrors lounge operated by THRIVE Cannabis Marketplace in February 2024. Clark County Commissioner Tick Segerblom became the first customer to consume cannabis on-site when he lit up a joint at 4:20 pm on opening day. [26]
In June 2023, Governor Joe Lombardo signed into law a bill to increase possession limits from 1 ounce of flower to 2.5, and from 1/8 ounce of concentrate to 1/4, effective January 1, 2024. The bill also allowed recreational cannabis licenses to serve dually as medical cannabis licenses, and allowed people with felony convictions to obtain licenses if certain criteria are met. [27] [28]
Following the establishment of NRS 453, broad language in the statute prevented the erection of a state licensure program for commercial businesses. [29] Personal cultivation of marijuana for private medicinal use was the only available means of consumption, with a maximum of 12 plants allowed.[ citation needed ] Medical marijuana advocates and commercial business owners criticized the Nevada's slow handling of the legislative and regulatory process. [30] One 42 year-old Las Vegas resident even filed a class-action lawsuit alleging that Nevada's medical marijuana registration program was unconstitutional for its excessive impedances and delays. [31]
It was not until June 12, 2013, when Senate Bill 374 was passed and signed into law by Governor Brian Sandoval that commercial distribution was made possible. [32] The process, however, continued to take time. A contributing factor to the state's slow commercial license approval process was the limited availability of licenses and a lengthy scoring and ranking system. [33] The first provisional certificates for legal commercial medical marijuana operations were limited to 372 businesses within the state: 182 for cultivation, 118 for production, 55 for dispensaries, and 17 for independent testing laboratories. [34] Twelve licenses were initially awarded to dispensaries, [35] sparking "fierce competition" among applicants. [35] Journalist Bruce Barcott of Leafly posited that the thorough vetting process created a favorable environment to patients of the dispensaries, as "applicants were graded in a host of categories — security, financing, environmental plan, etc. — and the most robust business plans won the coveted licenses. For patients, that means the dispensaries are well-financed, beautifully designed, and expertly managed." [35] The first dispensary opened on July 31, 2015, in Sparks. [36] [37]
The Nevada Department of Health and Human Services states that there were 9,542 cardholding participating patients as of July 2015. 6716 of these patients were located within Clark County. [38] As of February 3, 2016, there are 5 laboratories, 19 cultivation facilities, 8 production facilities, and 15 licensed dispensaries operating in Clark County. Sales figures as of that time were not available, but one dispensary assistant manager estimates that they receive 50 to 70 patients a day on average, roughly 60% of which are tourists. [39] At the time, there were about "11,000 medical-card holders" living in southern Nevada. [35]
The following are approved conditions for legal medical use of marijuana or marijuana products: AIDS, cachexia, cancer, glaucoma, post-traumatic stress disorder (PTSD), persistent muscle spasms or seizures, and severe nausea or pain. Other conditions are subject to approval. [40]
The state of Nevada maintains strict control over the use of medical marijuana in certain situations. [41] Consumption in a public place, at a detention or correctional facility, or during delivery of marijuana to another person is illegal. [42] Performing certain recreational activities under the influence of marijuana is illegal (for instance, operating a water ski, surfboard, windsail or similar device). Possession of a firearm, licensed or unlicensed, while under the influence is illegal. [43]
For operating a motor vehicle, the state maintains a permissible limit of 10 nanograms of THC per milliliter of urine and 2 nanograms per milliliter of blood. Violators will be penalized with a $400 fine, 2 days in jail, 48 – 96 hours of community service to $5000 fine and 1 – 6 years in prison depending on the first, second and third offence. [44] Operating an aircraft while under the influence is also illegal.
State law currently allows for the possession of 2.5 ounces of consumable marijuana in any 14-day period (NRS 453A.160). Twelve marijuana plants are permitted, irrespective of their maturity (NAC 453A.080). Consumable products are permitted with an equivalent content of psychoactive compounds such as THC (NRS 453A.112). The state of Nevada conducted a public workshop on February 4, 2016, in order to solidify proposed changes to NRS 453 defining serving sizes for edible products containing THC as well as clarifying language within the statute.[ citation needed ]
The process of obtaining a permit to consume medical marijuana in Nevada begins with the applicant paying the $25 application fee for their application packet. Upon receiving the packet, they must satisfy the needed documentation and return the packet to the state Division of Public and Behavioral Health. Needed materials include an attending physician's statement from a Nevada board-certified physician in good standing, a legal waiver, and proof of Nevada residency.
Applicants mail the application along with a $75 registration fee. The application is verified for completeness, and the applicant undergoes a background check for drug-related criminal history. If no felony charges for distribution or trafficking of controlled substances, the applicant will be approved for their MMR card subject to further approval by the Division. An approval letter is sent, which the patient may use for 14 days as a viable permit until their photo ID MMR card is received in the mail.
Registry cards must be renewed yearly. [45] Anyone leaving the registry program must surrender their card to the state within 7 days.
Nevada is a state which recognizes reciprocity for out-of-state marijuana card holders. [46] For example, the state of Nevada recognizes MMR and MMJ cardholders from other states with regulated medical marijuana programs, such as Colorado and Washington. [47] According to Leafly, permissive practices and a strong tourism industry in Las Vegas has made the city a viable test case for how reciprocity policies affect income for the medical marijuana and tourism industries. [46] Some dispensaries estimate that around half of their business comes from out-of-state cardholders. [35]
Cannabis in Oregon is legal for both medical and recreational use. In recent decades, the U.S. state of Oregon has had a number of legislative, legal, and cultural events surrounding use of cannabis. Oregon was the first state to decriminalize the possession of small amounts of cannabis, and among the first to authorize its use for medical purposes. An attempt to recriminalize possession of small amounts of cannabis was turned down by Oregon voters in 1997.
Cannabis in California has been legal for medical use since 1996, and for recreational use since late 2016. The state of California has been at the forefront of efforts to liberalize cannabis laws in the United States, beginning in 1972 with the nation's first ballot initiative attempting to legalize cannabis. Although it was unsuccessful, California would later become the first state to legalize medical cannabis through the Compassionate Use Act of 1996, which passed with 56% voter approval. In November 2016, California voters approved the Adult Use of Marijuana Act with 57% of the vote, which legalized the recreational use of cannabis.
In Colorado, cannabis has been legal for medical use since 2000 and for recreational use since late 2012. On November 7, 2000, 54% of Colorado voters approved Amendment 20, which amended the State Constitution to allow the use of marijuana in the state for approved patients with written medical consent. Under this law, patients may possess up to 2 ounces (57 g) of medical marijuana and may cultivate no more than six marijuana plants. Patients who were caught with more than this in their possession could argue "affirmative defense of medical necessity" but were not protected under state law with the rights of those who stayed within the guidelines set forth by the state. The Colorado Amendment 64, which was passed by voters on November 6, 2012, led to recreational legalization in December 2012 and state-licensed retail sales in January 2014. The policy has led to cannabis tourism. There are two sets of policies in Colorado relating to cannabis use: those for medicinal cannabis and for recreational drug use along with a third set of rules governing hemp.
In the United States, cannabis is legal in 38 of 50 states for medical use and 24 states for recreational use. At the federal level, cannabis is classified as a Schedule I drug under the Controlled Substances Act, determined to have a high potential for abuse and no accepted medical use, prohibiting its use for any purpose. Despite this prohibition, federal law is generally not enforced against the possession, cultivation, or intrastate distribution of cannabis in states where such activity has been legalized. On May 1, 2024, the Associated Press reported on federal plans to change marijuana to a Schedule III drug.
The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.
Cannabis in Massachusetts is legal for medical and recreational use. It also relates to the legal and cultural events surrounding the use of cannabis. A century after becoming the first U.S. state to criminalize recreational cannabis, Massachusetts voters elected to legalize it in 2016.
In the U.S. state of Maine, marijuana (cannabis) is legal for recreational use. It was originally prohibited in 1913. Possession of small amounts of the drug was decriminalized in 1976 under state legislation passed the previous year. The state's first medical cannabis law was passed in 1999, allowing patients to grow their own plants. The cities of Portland and South Portland decriminalized the possession and recreational use of marijuana in 2013 and 2014, respectively.
Cannabis in Arkansas is illegal for recreational use. First-time possession of up to four ounces (110 g) is punished with a fine of up to $2,500, imprisonment of up to a year, and a mandatory six month driver's license suspension. Medical use was legalized in 2016 by way of a ballot measure to amend the state constitution.
Cannabis in North Dakota is legal for medical use but illegal for recreational use. Since 2019 however, possession under a 1/2 ounce has been decriminalized in the sense that there is no threat of jail time, though a criminal infraction fine up to $1,000 still applies. The cultivation of hemp is currently legal in North Dakota. In November 2018, the state's voters voted on recreational marijuana legalization, along with Michigan; the measure was rejected 59% to 41%. Two groups attempted to put marijuana legalization measures on the June 2020 Primary and the November 2020 elections, but were prevented from doing so by the COVID-19 pandemic.
Cannabis in Oklahoma is illegal for recreational use, but legal for medical use with a state-issued license, while CBD oil derived from industrial hemp is legal without a license.
Cannabis in Arizona is legal for recreational use. A 2020 initiative to legalize recreational use passed with 60% of the vote. Possession and cultivation of recreational cannabis became legal on November 30, 2020, with the first state-licensed sales occurring on January 22, 2021.
Cannabis in Missouri is legal for recreational use. A ballot initiative to legalize recreational use, Amendment 3, passed by a 53–47 margin on November 8, 2022. Possession for adults 21 and over became legal on December 8, 2022, with the first licensed sales occurring on February 3, 2023.
Cannabis in New Mexico is legal for recreational use as of June 29, 2021. A bill to legalize recreational use – House Bill 2, the Cannabis Regulation Act – was signed by Governor Michelle Lujan Grisham on April 12, 2021. The first licensed sales of recreational cannabis began on April 1, 2022.
Cannabis in New Jersey is legal for both medical use and recreational use. An amendment to the state constitution legalizing cannabis became effective on January 1, 2021, and enabling legislation and related bills were signed into law by governor Phil Murphy on February 22, 2021.
Cannabis in Maryland is legal for medical use and recreational use. Possession of up to 1.5 ounces and cultivation of up to 2 plants is legal for adults 21 years of age and older. In 2013, a state law was enacted to establish a state-regulated medical cannabis program. The program, known as the Natalie M. LaPrade Maryland Medical Cannabis Commission (MMCC) became operational on December 1, 2017.
Cannabis in Florida is illegal for recreational use. Possession of up to 20 grams is a misdemeanor offense, punishable by up to a year in jail, a fine of up to $1000, and the suspension of one's driver's license. Several cities and counties have enacted reforms to apply lesser penalties, however.
Cannabis in Ohio is legal for recreational use. Issue 2, a ballot measure to legalize recreational use, passed by a 57–43 margin on November 7, 2023. Possession and personal cultivation of cannabis became legal on December 7, 2023, with the first licensed sales yet to occur under the law. Prior to legalization, Ohio decriminalized possession of up 100 grams in 1975, with several of the state's major cities later enacting further reforms.
Cannabis in Washington relates to a number of legislative, legal, and cultural events surrounding the use of cannabis. On December 6, 2012, Washington became the first U.S. state to legalize recreational use of marijuana and the first to allow recreational marijuana sales, alongside Colorado. The state had previously legalized medical marijuana in 1998. Under state law, cannabis is legal for medical purposes and for any purpose by adults over 21.
In Washington, D.C., cannabis is legal for both medical use and recreational use for possession, personal use, cultivation, transportation and gifting, and for retail sale once a regulatory system is implemented following an affirmative vote by the residents on a 2014 ballot initiative. The United States Congress exercises oversight over the government of the District of Columbia, preventing the local government from regulating cannabis sales like other jurisdictions with authority derived from a U.S. state.
Cannabis in Michigan is legal for recreational use. A 2018 initiative to legalize recreational use passed with 56% of the vote. State-licensed sales of recreational cannabis began in December 2019.