Is Weed Legal in Las Vegas?

Las Vegas is known for its casinos, nightlife, entertainment, and tourism, but many visitors and locals ask: Is Marijuana legal in Las Vegas? The short answer is yes, but strict laws, regulations, age restrictions, and retail rules govern its use, possession, smoking, and sale in the city, affecting people and businesses alike.

In Nevada, cannabis consumption has been legal since July 1, 2017, following voter approval in the November 2016 election (NRS Chapter 453A and 453D). However, just because marijuana is legal doesn’t mean it can be used anywhere without consequences. There are important rules, restrictions on public consumption, and regulations affecting retail sales and usage that must be understood.

Understanding Nevada marijuana laws is crucial to avoiding penalties, violations, or criminal charges. This blog breaks down laws regarding possession, sale, consumption, transportation, and restrictions, providing information and answers for residents and tourists alike.

Marijuana Laws in Nevada

Nevada law allows adults aged 21 and older to purchase, possess, and consume cannabis legally under specific guidelines and enforcement rules (NRS 453D). Understanding these laws helps minimize the risk of legal consequences whether you’re at a casino, hotel, or public space.

Possession Laws

Adults 21 and older may legally possess:

• Up to one ounce (28.35 grams) of marijuana flower
• Up to 1/8 ounce (3.5 grams) of cannabis concentrates (THC extracts, oils, waxes, etc.)

Medical marijuana patients registered under the state’s program may possess larger amounts and grow cannabis plants if they live more than 25 miles from a dispensary (NRS 453A.350 and 453D.230). Patients must always follow current regulations to avoid fines.

Possessing amounts exceeding these limits can lead to criminal charges ranging from misdemeanors to felonies, depending on the quantity and circumstances (NRS 453D.400).

Where to Buy Marijuana in Las Vegas

Legal cannabis dispensaries licensed by the state sell marijuana products such as:

• Flower
• Edibles
• Pre-rolls
• Concentrates
• THC-infused drinks

Purchasing cannabis from unlicensed sellers is illegal and subject to criminal penalties. Buyers must present valid ID proving they are 21 or older or show medical marijuana patient documentation (NRS 453D.310).

Where Can You Use Marijuana in Las Vegas?

Although marijuana is legal in Nevada, public consumption is prohibited in many places, including:

• Casinos, hotels, and resorts (private property owners may restrict use)
• Public streets, sidewalks, and parks
• Bars, lounges, and nightclubs unless licensed as a cannabis consumption lounge (NRS 453D.100)
• Vehicles, even when parked (NRS 453D.400)
• Federal properties such as national parks and government buildings

Cannabis Consumption Lounges

As of January 1, 2024, Nevada allows licensed cannabis consumption lounges where adults can legally smoke or vape cannabis products. These lounges must obtain proper state and local approval, and availability may vary by jurisdiction (NRS 453D.100).

Driving Under the Influence of Marijuana

Driving under the influence of marijuana is illegal in Nevada (NRS 484C.110). If caught driving with THC impairment or above the legal THC blood concentration limit (2 nanograms active THC per milliliter of blood), a person may face DUI charges.

Penalties include:

• First offense: fines, license suspension, mandatory drug education
• Second offense: increased fines, longer suspension, possible jail time
• Third offense or more: felony DUI charges with severe consequences

Can You Grow Marijuana in Nevada?

Only medical marijuana patients who live more than 25 miles from a dispensary may legally grow up to 12 plants for personal medical use (NRS 453A.350). Recreational users are not allowed to cultivate cannabis at home.

Cultivating without meeting these requirements can lead to criminal charges, including possible conspiracy charges if associated with illegal sales (NRS 453D.400).

Legal Penalties for Illegal Possession or Sale

• Possessing more than legal amounts may result in misdemeanor or felony charges (NRS 453D.400).
• Selling cannabis without a license is a felony offense with serious legal consequences (NRS 453D.400).
• Using marijuana in restricted places can lead to fines and further penalties (NRS 453D.400).

If you face possession or distribution charges, consulting an experienced drug crimes defense attorney is highly recommended.

Marijuana and Firearm Laws

Despite state legalization, federal law prohibits firearm ownership by marijuana users. This can result in federal prosecution or firearm confiscation (18 U.S. Code § 922(g)(3)). Nevada law does not override this federal restriction.

Transporting Marijuana in Nevada

• Marijuana can be transported legally within Nevada if possession limits are followed.
• Cannabis must be kept in a sealed container while in a vehicle (NRS 453D.400).
• Open containers or consumption in a vehicle are illegal and can result in fines.
• Transporting marijuana across state lines is a federal offense, regardless of state laws.
• Carrying cannabis through airport security is prohibited (TSA and federal regulations).

Tourism and Marijuana in Las Vegas

• Tourists 21+ can purchase marijuana from licensed dispensaries.
• Hotels and casinos generally prohibit marijuana use on their premises.
• Public consumption can lead to fines or penalties.
• Consumption lounges provide designated places to consume legally.

Impact of Marijuana Legalization on Nevada Businesses

• The cannabis industry contributes significant tax revenue supporting education, healthcare, and public safety (NRS 360F).
• Dispensaries and cannabis businesses must adhere to strict licensing and regulation.
• Employers can enforce drug-free workplace policies, though protections exist for medical patients (NRS 613.333).

Conclusion

While marijuana is legal in Las Vegas, strict laws govern purchase, possession, consumption, and transportation. Both residents and visitors must follow these laws to avoid penalties or criminal charges.

If you are facing marijuana-related charges, contact experienced attorneys like those at Lipp Law LLC for expert legal guidance and effective defense.

Frequently Asked Questions

1. Can You Travel with Marijuana Within Nevada?

Yes, you can legally transport Marijuana within Nevada as long as it remains within the legal possession limits (1 ounce of flower or 1/8 ounce of concentrates). However:

• Cannabis must be kept in a sealed container while in a vehicle.
• Open containers of Marijuana in a car can result in fines.
• It is illegal to consume cannabis in a moving vehicle, even as a passenger.

2. Can Employers Fire You for Using Marijuana in Nevada?

Yes, Nevada employers can enforce drug-free workplace policies. Even though cannabis is legal for recreational use, employers still have the right to:

• Test for THC as part of pre-employment drug screenings.
• Prohibit use while on duty.
• Fire employees for testing positive, depending on company policy.

However, some protections exist for medical marijuana patients, especially in cases of reasonable accommodations.

3. Are There Medical Marijuana Reciprocity Laws in Nevada?

Yes, Nevada has medical marijuana reciprocity, meaning out-of-state medical marijuana patients can legally purchase cannabis from Nevada dispensaries if:

• Their home state has a medical marijuana program.
• They provide valid proof of their patient status.

However, possession and purchase limits still follow Nevada state laws, even for out-of-state patients.

4. What Are the Penalties for Underage Marijuana Possession?

Anyone under 21 caught with any amount of cannabis faces:

• Fines and mandatory drug education for first-time offenders.
• Criminal charges (misdemeanor or felony) for repeat offenses or more significant amounts.
• Possible driver’s license suspension for minors.

Medical marijuana patients under 21 are an exception if they have a valid medical card.

5. Can You Get a Marijuana Conviction Expunged in Nevada?

Yes, Nevada allows record sealing (expungement) for certain past marijuana-related convictions, particularly if:

• The offense is no longer considered illegal under current laws.
• Enough time has passed since the conviction (varies by offense).

Those with past convictions should consult a lawyer to explore expungement options.

6. How Does Nevada Tax Marijuana Sales?

Nevada imposes the following taxes on cannabis sales:

• 15% excise tax on wholesale transactions (paid by cultivators).
• 10% retail tax on recreational marijuana sales.

Tax revenue supports education, healthcare, and public safety programs.

Medical marijuana purchases are not subject to the 10% retail tax.

7. Are Cannabis-Infused Products Treated Differently Than Marijuana Flower?

Yes, Nevada has specific regulations for edibles, concentrates, and THC-infused drinks, including:

• Edibles and drinks must have clearly labeled THC content.
• Edible serving sizes are capped at 10mg THC per serving and 100mg per package.
• More substantial potency limits apply to concentrates and vapes.

Consumption laws apply equally to flowers, edibles, and concentrates.

8. Can You Own a Marijuana Business in Nevada as an Out-of-State Resident?

It is possible but highly regulated. To own a Nevada cannabis business, you must:

• Obtain a state-issued cannabis license.
• Pass background checks and financial disclosures.
• Meet Nevada residency requirements for majority ownership.

Out-of-state investors can partner with local operators but may face additional restrictions.

9. Can You Be Evicted for Using Marijuana in a Rental Property?

Yes, landlords can prohibit cannabis use on their property, even if the tenant is following Nevada law. Rental agreements can include:

• No-smoking policies that include Marijuana.
• Eviction clauses for illegal drug activity (which may apply due to federal law).

Medical marijuana patients may have some legal protections, but landlords still have authority over their property rules.

10. How Does Federal Law Impact Nevada’s Marijuana Industry?

Since Marijuana remains illegal federally, it creates challenges for Nevada businesses and consumers, such as:

• Cannabis businesses cannot use banks (cash-only industry).
• Federal employees and contractors can be fired for marijuana use.
• Transporting cannabis across state lines remains a federal crime.

Despite state legalization, federal laws still create risks for certain cannabis-related activities.