Last verified: March 2026
Possession Over the Legal Limit
As of January 1, 2024, Nevada allows adults 21+ to possess up to 2.5 ounces of cannabis flower and 0.25 ounces of concentrated cannabis. Exceeding these limits triggers criminal penalties under NRS 678D.
| Violation | Classification | Penalty |
|---|---|---|
| Possession over 2.5 oz but less than 14 grams over the limit | Category E felony | 1–4 years prison, up to $5,000 fine (first offense eligible for deferral/dismissal) |
| Possession significantly exceeding limits | Category E felony or higher | Escalating penalties based on quantity |
First offense deferral: A first-time Category E felony for over-limit possession is eligible for a deferred judgment — meaning the charge can be dismissed upon completion of conditions set by the court. This is a critical distinction: a first offense doesn't have to result in a permanent felony record.
Possessing more than 2.5 ounces but less than 14 grams over the limit constitutes a Category E felony. First offense is eligible for deferral and dismissal; otherwise 1–4 years prison and up to $5,000 fine.
NRS 678D — Nevada Revised Statutes
Illegal Cultivation Penalties
Nevada allows limited home cultivation, but violations carry serious penalties:
| Violation | Classification | Penalty |
|---|---|---|
| Growing 12 or more plants (illegally) | Category E felony | 1–4 years prison, up to $5,000 fine |
| Growing within 25 miles of a dispensary (first offense) | Misdemeanor | Up to $600 fine |
| Growing within 25 miles of a dispensary (second offense) | Misdemeanor | Escalating fines |
Recreational users may grow up to 6 plants per person (maximum 12 per household), but only if they live more than 25 miles from a licensed retail dispensary. For most Las Vegas and Reno residents, home cultivation is effectively prohibited by this distance requirement. Medical patients face fewer restrictions and may cultivate up to 12 plants (6 mature, 6 immature) even within the 25-mile zone under certain circumstances.
Public Consumption Penalties
Consuming cannabis in any public place is a misdemeanor under NRS 678D.310:
| Offense | Classification | Maximum Fine |
|---|---|---|
| First offense | Misdemeanor | Up to $600 |
| Second offense | Misdemeanor | Up to $1,000 |
Prohibited locations include streets, sidewalks, parks, casinos, hotels, bars, restaurants, vehicles, federal property, schools, and any place open to public view. For a complete breakdown, see our Where You Can Consume page.
DUI Penalties
Cannabis DUI is governed by NRS Chapter 484C, reformed by AB 400 (effective July 1, 2021). Penalties escalate sharply with repeat offenses:
| Offense | Classification | Jail/Prison | Fine | License Suspension |
|---|---|---|---|---|
| First DUI | Misdemeanor | 2 days–6 months (or 24–96 hrs community service) | $400–$1,000 | 185 days |
| Second DUI (within 7 years) | Misdemeanor | 10 days–6 months | $750–$1,000 | 1 year |
| Third DUI (within 7 years) | Category B felony | 1–6 years prison | $2,000–$5,000 | 3 years |
For first and second offenses, prosecutors must prove actual impairment — blood THC levels alone are not enough. For third or subsequent offenses, per se THC limits apply: 2 ng/mL delta-9-THC or 5 ng/mL metabolite. For complete details, see our DUI & Driving Laws page.
Federal Land: All Cannabis Activity Is Illegal
Cannabis remains illegal under federal law. Within Nevada, this means all cannabis activity — possession, consumption, and transportation — is prohibited on federal property, regardless of state law. Federal land in Nevada includes:
- National parks and recreation areas (including Lake Mead, Great Basin National Park, Red Rock Canyon NCA)
- Airports (Harry Reid International Airport in Las Vegas, Reno-Tahoe International Airport)
- Military bases (Nellis Air Force Base, Creech Air Force Base)
- Federal government buildings (courthouses, post offices, VA facilities)
- Bureau of Land Management (BLM) land — the federal government manages approximately 85% of Nevada's total land area
Violations on federal land are prosecuted under federal law, which carries its own penalty structure and does not recognize Nevada's legalization.
Nevada has more federal land than almost any other state. If you're hiking, camping, or visiting national parks, leave your cannabis behind. Federal rangers enforce federal law, and state legalization provides no protection.
Trafficking and Manufacturing
Trafficking, illegal distribution, and unlicensed manufacturing of cannabis fall under NRS Chapter 453 (Nevada's Controlled Substances Act) and carry serious felony charges. These are distinct from the Title 56 cannabis regulations that govern legal use — NRS 453 addresses illegal drug activity and carries substantially harsher penalties, including potential mandatory minimum sentences.
Operating an unlicensed cannabis business, selling cannabis without a license, or distributing to minors are all prosecuted under these provisions.
Record Sealing and Pardons
Nevada has taken steps to address past cannabis convictions. AB 192 (2019) enabled sealing of prior marijuana convictions, and in Spring 2020, the Board of Pardons approved mass pardons for cannabis possession convictions from 1986 to 2017. Organizations like Project Clean Slate (through Minorities for Medical Marijuana) provide free expungement services in Nevada.
For in-depth cannabis education, dosing guides, safety information, and research summaries, visit our partner site TryCannabis.org