Cannabis is Now Legal in Nevada
Cannabis is now legal in Nevada for those 21+.
Portions of Nevada’s Question 2 have taken effect as of midnight, January 1st. The new law allows those 21 and older to possess and use up to an ounce of cannabis. Of the four states that legalized cannabis on November 8th, Nevada is the third where possession has become legal, following California on November 9th and Massachusetts on December 15th. Maine will be the next on January 15h.
In addition to allowing cannabis to be possessed and used, Question 2 legalizes a system of regulated cannabis retail outlets, supplied by cannabis cultivation centers. These are expected to be open sometime next year; at this point those living 25 miles or more from a retail outlet will be allowed to cultivate up to six plants at a private residence.
Below is a summary of Question 2 from the website of the Yes on 2 campaign:
- Ends marijuana prohibition
The initiative removes all legal penalties for the personal use and possession of up to one ounce of marijuana or one-eighth of an ounce of concentrated marijuana for adults 21 years of age and older. Adults will be able to purchase marijuana from licensed retail marijuana stores; those who do not live within 25 miles of a retail marijuana store will be allowed grow up to six marijuana plants in an enclosed locked area.
- Regulates marijuana production and sales
The initiative creates a system of licensed marijuana retail stores, distributors, cultivation facilities, product manufacturers, and testing facilities, which will be overseen by the Nevada Department of Taxation. The Department will adopt and enforce rules regarding testing, packaging, labeling, and tracking marijuana products. It will also establish business licensing procedures, security requirements, and restrictions on signage and advertising. Local governments will have the ability to adopt and enforce local marijuana control measures pertaining to zoning and land use for marijuana establishments.
- Taxes marijuana
The initiative establishes a 15% excise tax on wholesale marijuana sales, to be paid by licensed cultivators. Retail marijuana sales will be subject to standard state and local sales taxes; just like sales of any other tangible product. The taxes and fees paid by licensed marijuana businesses will first be used to fund state and local implementation and enforcement of regulations. All remaining revenue will be deposited in the State Distributive School Account and used to support public K-12 education.
The full text of the new law can be found by clicking here.