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  • Jherna Shahani, Esq.

Marijuana Is Legal In Nevada So Why Did I Get Arrested?

Updated: Apr 2, 2019

On July 1, 2017, licensed retailers began selling recreational marijuana. However, there are limitations:

• If you’re under the influence of marijuana, you aren't permitted to drive.

• Persons in possession of more than one ounce of marijuana, or more than 1/8 ounce of concentrated marijuana, and persons under the age of 21 in possession of any amount, are subject to prosecution under NRS 453. Simple possession is prohibited under NRS 453.336 and for the first offense is a Category E Felony

• You cannot grow your own marijuana at home if you live within 25 miles of a marijuana retailer (unless you are a medical marijuana cardholder). If you are more than 25 miles away from a licensed retailer, you are permitted to grow 6 recreational plants per person, up to 12 plants total (if you are renting your place then this provision may not apply).

• Marijuana can be used at a private residence or in the privacy of your own home.

• Marijuana cannot be used in any public place.

• People are not permitted to use marijuana on federally owned land in the State of Nevada.

• There are no workplace protections provided under Nevada’s recreational marijuana laws. If your workplace prohibits marijuana, you can be fired for possession.


If you violate any of the above limitations, then you could be arrested in Nevada. Most other attorneys have not even addressed marijuana legalization on their websites. Your Defender at Law criminal defense attorney keeps apprised on the changing laws in Nevada and is prepared to help you fight a drug charge. Call or text today.



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