Is it legal to grow Marijuana in Nevada? At this time, it's legal for a...
Is it legal to grow Marijuana in Nevada? At this time, it’s legal for a person to grow no more than six marijuana plants in Nevada, as long as you live 25 miles away from the closest dispensary and hold a valid license. However, growing any more than 12 plants in a single household will constitute a felony that could result in a state prison sentence.
Knowing the specific Nevada commercial cultivation laws can help you determine if you’re legally able to grow marijuana in this state and how to go about doing so.
Can You Legally Grow Marijuana in Nevada?
You can grow marijuana legally in Nevada. However, certain conditions apply under Nevada growing laws. You must take into account legal considerations before beginning a grow operation, which will help ensure you remain compliant with the state’s laws and regulations.
What Are Nevada’s Marijuana Laws?
You must adhere to Nevada’s marijuana laws whether you want to grow marijuana for personal consumption or with the intent to sell it. Like any other state, Nevada has strict laws in place to facilitate the proper use and distribution of marijuana. Obeying these laws will help you avoid potential legal repercussions due to illegal growth, distribution, or use.
The Laws for Growing Your Own Marijuana in Nevada
According to Nevada law, it’s legal to grow marijuana in Nevada as long as you are 21 years or older, and it’s for personal consumption. You must also live over 25 miles away from any dispensary that has a state-issued license to operate.
There is also a limit to the number of plants you can grow. In Nevada, each person can only grow up to six plants in his or her household, and each household can contain no more than 12 marijuana plants.
Additionally, you must only grow or cultivate marijuana plants in areas out of public view, including greenhouses, closets, rooms, and other discrete areas. These spaces must also have access control restrictions through the use of security devices, such as locks.
The person growing the marijuana must also either own the home where he or she is growing the plant or have the explicit permission of the property owner to do so.
What if I’m a Medical Marijuana Patient?
If you are a medical marijuana patient, the rules for growing marijuana under Nevada’s cannabis products regulation will be somewhat different.
Specifically, you will only be able to grow marijuana if you meet at least one of the following criteria:
- You are too ill to visit a local dispensary
- You are unable to receive marijuana from your local dispensary
- You are at least 25 miles away from the nearest dispensary
- You don’t have any means of transportation to travel to the dispensary
What Happens if I am in Violation of Nevada’s Growing Laws?
Typically, first-time offenders of Nevada’s marijuana growing laws will only face fines or rehabilitation for misdemeanors, depending on the degree of the offense.
Each person can grow up to six plants, and a single household can have up to 12, but anything over 12 plants in the same household will qualify as a felony, which comes with more serious repercussions.
Penalties for Growing Over 12 Plants
If a person or household grows more than 12 plants that come to less than 50 lbs in weight, this is a Class E felony according to Nevada law.
Ordinarily, people in violation of this regulation will only face suspended sentences and probation, along with a fine for covering the costs of decommissioning the grow facilities and disposal of the marijuana plants. However, you could face more serious consequences under the Nevada court system, including up to $5,000 in fines and one to four years in Nevada State Prison.
These consequences only apply to cases involving less than 50 lbs of marijuana. If you are in possession of over 50 lbs, you could face even more serious repercussions due to the fact that Nevada growing laws consider this amount a trafficking offense.
Penalties for Violating Other Cultivation Rules
You must also consider the other rules in place for marijuana growth, including those that require you to only grow marijuana if you are over 25 miles away from the closest licensed dispensary, growing marijuana way from public view, and growing marijuana as the owner of the designated property or with the permission of the property owner.
If you violate any of these rules, first-time offenders will face misdemeanor charges, which can include either a maximum fine of $600 or rehabilitation. Second- and third-time offenders will face more serious misdemeanor charges, with second-time offenders facing a maximum fine of $1,000 or rehabilitation, while third-time offenders face a maximum fine of $2,000 or up to 364 days of jail time.
People who violate these rules for a fourth or subsequent time will face Class E felony charges. Like the offense for growing over 12 marijuana plants, offenders would face one to four years in Nevada State Prison and a maximum fine of $5,000.
Potential Defenses Against Marijuana Offense Charges
If the authorities believe you are in violation of the Nevada cannabis products regulation or law, you may be able to fight this with a defense.
For example, if you are a medical marijuana patient, you may be able to grow up to 12 plants if you cannot easily obtain marijuana from a local licensed dispensary, and you have the proper authorization to obtain and grow medical marijuana.
Also, you may be able to fight charges if you didn’t intend to grow marijuana plants. For instance, someone in your household may have grown marijuana plants without your knowledge or consent, or you may have naturally occurring marijuana plants on your property of which you were unaware.
If you need help with defending yourself against any marijuana charges, you may benefit from the representation of a cannabis law attorney. A lawyer with experience in these matters may be able to help you build a solid defense and have all charges dismissed under certain circumstances.
What if I Want to Grow Marijuana for Commercial Use?
You might decide to grow and cultivate marijuana as a business owner in Nevada, in which case you should be aware of the laws and regulations in place for business owners who want to get into this industry.
Here’s what business owners should know if they intend to start a business in the marijuana industry.
Getting the Appropriate License
If you want to start any business in the cannabis industry, you must obtain the proper license for your business. There are five main types of licenses that business owners may seek if they want to get into this business:
- Cultivation — You must obtain a state-issued license if you want to grow marijuana products. This license could also enable you to work with other cultivation facilities, testing facilities, and retailers, but you won’t be able to sell cannabis directly to consumers with this license.
- Distribution — You may also obtain a license to distribute cannabis from one facility to another. For instance, as a cultivator, you may want to distribute cannabis to licensed dispensaries in your county.
- Product Manufacturing — If you want to manufacture marijuana products, you can also obtain a license to do so. This license would enable you to buy cannabis products, produce them, package them, and ultimately sell them to retailers and other cannabis businesses. However, you would not be able to sell directly to consumers.
- Testing — If you want to start a testing facility, you can obtain a license to test marijuana products to gauge potency and detect any contamination that might compromise product quality.
- Retail — As a retailer, you can get a license to sell cannabis products to consumers and purchase products from other businesses in the industry, including manufacturers and cultivators.
Applying for or Renewing a License
As a business owner, you can apply for or renew a license with the Nevada Cannabis Compliance Board (CCB). For new licenses, it is important to ensure that the CCB is accepting new applications for the particular jurisdiction in which you would like to operate prior to submitting an application. The CCB organization determines when individuals can apply for a new license, and business owners can renew their licenses online.
Knowing the Nevada Growing Laws
With a better understanding of how the state’s growing laws work, you can determine whether it’s possible to legally grow marijuana in your area based on the criteria you meet. You can also take steps to apply for a license if you want to open a business in the cannabis industry in Nevada.
Taking the right steps as a cultivator or business owner will help ensure you don’t wind up in violation of the law, enabling you to grow cannabis for personal use or commercial purposes without facing misdemeanor or felony charges.