SUMMARY: Sixty-five percent of voters approved Question 9 on November 7, 2000, which amends the states’ constitution to recognize the medical use of marijuana. The law took effect on October 1, 2001. The law removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who have “written documentation” from their physician that marijuana may alleviate his or her condition. Patients diagnosed with the following illnesses are afforded legal protection under this act: AIDS; cancer; glaucoma; and any medical condition or treatment to a medical condition that produces cachexia, persistent muscle spasms or seizures, severe nausea or pain. Other conditions are subject to approval by the health division of the state Department of Human Resources. Patients (or their primary caregivers) may legally possess no more than one ounce of usable marijuana, and may cultivate no more than seven marijuana plants, of which no more than three may be mature. The law establishes a confidential state-run patient registry that issues identification cards to qualifying patients. Patients who do not join the registry or possess greater amounts of marijuana than allowed by law may argue the “affirmative defense of medical necessity” if they are arrested on marijuana charges.
The medical use provisions in Nevada do not include reciprocity provisions protecting visitors from other medical use states.
MEDICAL MARIJUANA STATUTES: Nev. Rev. Stat. §§ 453A.010 – 453A.240 (2008).
CAREGIVERS: Yes. Designated primary caregiver is a person who has significant responsibility for managing the well-being of a person diagnosed with a chronic or debilitating medical condition. Caregiver does not include the attending physician. The caregiver must be 18 years of age or older. Patients may only have one designated primary caregiver. Nev. Rev. Stat. Ann. §§435A.080(1)(a), (2); 435A.250(2) (2008).
CONTACT INFORMATION: Application information for the Nevada medical marijuana registry is available by writing or calling:
Nevada Department of Health and Human Services, Nevada State Health Division
4150 Technology Way, Suite 104
Carson City, Nevada 89706