Can I grow marijuana in Nevada?
Yes, people are now allowed to grow marijuana in Nevada for recreational or medical use. With the new rules and regulations, you are now allowed to grow up to 6 marijuana plants in a single household. The minimum age to grow marijuana is 21 years of age and older and they can carry up to one ounce of marijuana. Moreover, buying and selling of marijuana seeds are also legal in Nevada.
Everything you need to know about growing marijuana in Nevada!
Due to its benefits, marijuana has been used for medical purpose for a long time. Many states in the United States of America have made the consumption and growth of marijuana legal, such as Michigan, California, Maine, Colorado, Alaska, etc.
However, even though possession, use, and cultivation are legal in these states, marijuana is still considered illegal under federal law.
What are the rules and regulations for growing marijuana in Nevada?
Growing marijuana in Nevada for recreational use is permitted under restricted conditions. Consumption of marijuana in public places is prohibited. You may carry up to 1 ounce of marijuana and 1/8 of an ounce of marijuana concentrate.
It is not legal to consume marijuana outside a private residence. In addition, landlords and resident owners can also prohibit the use of marijuana in their properties. Smoking marijuana at a public place in Nevada is an act of felony which can cost a fine of $600. Possessing an amount greater than 1 ounce in public is also illegal.
Cultivation of recreational marijuana is considered legal only if the grower lives 25 miles away from a dispensary. Individuals who live farther than 25 miles away may grow up to 6 plants per person and no more than 12 plants per household. This is irrespective of the number of adults in the household.
It is illegal for people below 18 years of age to possess and grow marijuana in Nevada. The only exception is if the individual has a medical marijuana card.
Concerning the recreational
The use of recreational marijuana came into action in January 2017. This Nevada Marijuana Legislation Initiative was put forward by voters in November 2016 and was approved by 8 percentage points. The sales of legal recreational marijuana began on July 1, 2017.
Even though recreational marijuana is legal in Nevada. Transferring marijuana from one state to another is considered illegal. This is even if marijuana is legal in both states. When purchased from a store, it should be kept in a sealed container and both drivers and passengers cannot consume it. Driving under the influence of cannabis is also considered illegal.
Adults who are of 21 years of age and older can grow marijuana for personal use. However, you are not allowed to grow if you live twenty-five miles away from a marijuana retailer.
Concerning the medical
Growing marijuana in Nevada has been legal for a long time. It was passed under the Nevada Medical Marijuana Act with 59% of the vote in 1998 and for the second time in 2000, it passed with 65% votes. Medical marijuana is used for reducing:
- muscle spasms
- post-traumatic stress disorder
Medical marijuana is legal for adults of 21 years and older with these qualifying conditions and others. You must furnish a medical certificate that says you are eligible for the usage of medical marijuana. Patients can consume up to two and a half ounces of edible cannabis products or marijuana-infused products. They can grow up to 12 plants for medical use under Nevada medical marijuana law.
This is as long as the patient cannot get cannabis from a dispensary and possesses a valid medical marijuana card of Nevada.
How many plants can I grow in Nevada?
Growing marijuana in Nevada is legal and individuals of 21 years old and older can grow up to 6 plants individually and no more than 12 plants in a household. This is for recreational use. For medical purposes, you can grow up to 12 plants in a household.
Where can I grow marijuana in Nevada?
To grow your marijuana, you need to live more than twenty-five miles away from a local dispensary. The plants must be grown away from the public eye and should not be visible to people. Marijuana plants should be grown in an enclosed area such as a closet, greenhouse, or room.
The grower must get the property owner’s permission if he or she is not the owner of the residence. In addition, those who are 21 can grow marijuana for others as well.
Can I sell cannabis in Nevada?
No, selling homegrown marijuana is an offense in Nevada. Only licensed dispensaries can sell them and unlicensed sale of marijuana is illegal. However, you can give up to an ounce of marijuana to someone as a gift who is above 21 years of age.
Selling and growing marijuana in Nevada for recreational use became legal in July 2017 and medical marijuana became legal in 1998 and 2000.
Customers can purchase up to one ounce of marijuana flower or 1/8 ounce of concentrate at a recreational dispensary. 15% excise tax is applied to every purchase. Customers purchasing marijuana for medical use should be medical marijuana cardholders and over the age of 18. They can purchase up to 2.5 ounces of marijuana every two weeks.
Do you need a Marijuana Card in Nevada?
There are some benefits of owning a marijuana card for recreational users such as cheap taxes. However, as long as you are 21 years old and above and have a valid ID, you do not need a marijuana card to purchase for recreational use.
For individuals who are 18 years old and below 21 need a medical marijuana card to purchase up to 2.5 ounces from a dispensary. Therefore, for the purchase of medical marijuana products a marijuana card is mandatory. As marijuana is still illegal under federal law, it is important to check all the rules before growing marijuana in Nevada.
Nevada laws for “Cultivation of Marijuana” in Nevada (NRS 453.3393)
Nevada marijuana law permits recreational marijuana cultivation of up to 6 plants (a maximum of 12 per household) only if the grower is more than 25 miles from the nearest licensed dispensary. Growing more than 12 plants is a felony, though the court typically grants probation instead of Nevada State Prison.
Common defenses to Nevada charges of cultivating weed include:
- The defendant had no knowledge the pot was growing on his/her property, or
- The defendant had a valid medical marijuana card, and he/she was too ill or lacked means to travel to a dispensary
Even though Nevada recently legalized recreational marijuana, courts still take cultivation crimes very seriously. And growing 50 lbs. or more of pot is prosecuted as trafficking, even if it is just for personal use.
In this article, our Las Vegas criminal defense attorneys answer frequently-asked-questions about Nevada laws for cultivating marijuana, including punishments, defense strategies, record seals, and immigration consequences. Click on a topic to jump to that section:
1. May I cultivate my own marijuana in Las Vegas, Nevada?
Recreational pot cultivation is permitted under very limited circumstances. Only people who live more than 25 miles from the nearest dispensary are allowed to grow pot. In reality, this rule outlaws anyone in Clark and Washoe Counties.
Furthermore, the few rural Nevadans who live more than 25 miles from a dispensary may grow no more than six (6) plants per person. And no household may have more than twelve (12) plants. Finally, the marijuana must be cultivated in an enclosed space not viewable by the general public (so not near a window where people from the street can see).
Note that “cultivation” comprises “growing” as well as the following actions:
- propagating, or
Obviously, commercial growers with a valid registration card from the Nevada State Health Division operate by a different set of rules. 1
1.1. Medical Marijuana Patients
People with valid Nevada medical marijuana cards follow slightly laxer rules. They may grow their own marijuana plants only if:
- the dispensary is unable to supply the marijuana to the cardholder, or
- the cardholder is too ill to travel to the dispensary, or
- the cardholder lacks transportation to travel to the dispensary, or
- there is no dispensary within 25 miles of the cardholder
And cardholders may not possess more than 12 marijuana plants, mature or immature. 2
2. Can I go to jail for growing my own marijuana in Las Vegas, Nevada?
Usually not for a first offense. And it is often possible to get criminal charges reduced or dismissed through a plea bargain.
The specific penalties depend on the circumstances:
2.1. Growing more than 12 plants (but less than 50 lbs.)
Illegally growing more than 12 plants is a category E felony in Nevada. It carries probation and a suspended sentence and the cost of cleaning and disposing of the marijuana and cultivation facility. But if the defendant has at least two prior felony convictions, the court can order:
- 1 to 4 years in Nevada State Prison, and
- maybe up to $5,000 in fines
Note that growing 50 lbs or more of marijuana is automatically prosecuted as trafficking, which carries much harsher penalties and steep fines. 3
2.2. Violating other cultivation rules (NRS 453D.400)
Recreational growers face prosecution for either of the following acts:
- Cultivating marijuana within 25 miles of a licensed retail marijuana store;
- Cultivating marijuana plants where they are visible from a public place by normal unaided vision; or
- Cultivating marijuana on property not in the cultivator’s lawful possession, or without the consent of the property owner
The punishment for committing one of these offenses increases with each successive conviction: 4
- up to $2,000, and/or
- up to 364 days in jail
- 1 – 4 years in prison, and
- maybe up to $5,000 in fines
2.3. Concentrated Cannabis
It is a category C felony for a recreational user to knowingly or intentionally extract concentrated cannabis. The penalty is 1 to 5 years in prison and possibly up to $10,000 in fines. 5
3. How do I fight the charges?
The defenses available to defendants facing charges for growing marijuana in Nevada depend on the circumstances of the case. Two common strategies include:
- Lack of intent: Cultivating marijuana is not illegal in Nevada if the person had no idea he/she was growing it. For example, a person with a wild marijuana plant growing in his/her background is committing no crime as long as he/she does not realize the plant is marijuana. If the prosecutor cannot prove beyond a reasonable doubt that the defendant knowingly or intentionally grew marijuana, the charges should be dropped.
- Medical Marijuana: Cultivating marijuana is legal as long as it is done in accordance with Nevada medical marijuana laws. If the grower is a patient, he/she can cultivate up to 12 marijuana plants as long as he/she cannot reasonably get marijuana from a dispensary and has a valid Nevada medical marijuana card. The charges should be dismissed as long as the defendant can show Nevada medical marijuana laws permitted them to cultivate marijuana.
Note that Nevada law enforcement often learns of illegal marijuana growers by satellite images showing greenhouses or by unusual electricity usage. When prosecuting cultivation cases, the D.A. often presents photographs of the plants and lab results confirming that the specimens are indeed marijuana.
4. Can I get my record sealed?
Usually, yes. The waiting period to begin the record seal process depends on the specific charge:
|Classification of Cultivating Marijuana Charge||Record Seal Wait Time|
|misdemeanor (NRS 453D.400)||1 year after the case closes|
|gross misdemeanor (NRS 453D.400)||2 years after the case closes|
|category E felony (NRS 453.3393)||2 years after the case closes|
|category C felony (NRS 453.3393)||5 years after the case closes|
Note that any criminal charge that gets dismissed can be sealed immediately. 6
5. Can I get deported for growing marijuana?
Probably not for growing a small amount, but it is a gray area. Aliens who have been arrested should seek legal counsel from an attorney right away to discuss their options for safeguarding their resident status. Learn more about the criminal defense of immigrants in Nevada. 7
6. Related offenses
Additional marijuana crimes in Nevada are:
Call us if you are facing a drug charge…
Arrested for “cultivating marijuana” in Nevada? Contact our Las Vegas criminal defense attorneys to schedule a free meeting. We may be able to persuade the prosecutors to reduce or dismiss your charges without a trial.
¿Habla español? Obtener información acerca de las leyes de Nevada para el cultivo de marihuana.
Arrested in Colorado? Go to our article on Colorado marijuana laws.
- NRS 453D.110; NRS 453D.400.
- NRS 453A.200.
- NRS 453.3393.
- NRS 453.3363, NRS 453.580
- NRS 453.3393
- NRS 179.245; NRS 179.255. INA § 237(a)(2)(B)(i); 8 USC 1227(a)(2)(B)(i).
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Buy Marijuana Seeds in Nevada
Laws on Buying & Growing Marijuana Seeds In Nevada in 2022. Growing Tips, Recommended Seed Strains, and the Best Seed Banks That Deliver to The Silver State.
Nevada is the state where anything goes.
Whether you want to gamble the night away or grow your own cannabis seeds — the Silver State has something for everyone.
If you’re on the fence about growing weed in Nevada — this guide is here to set your mind at ease. You’ll soon discover recommended seed strains, top-rated seed banks, grow tips, regulatory laws, and so much more.
The sooner you finish this guide — the sooner you can plant your marijuana seeds.
In a Nutshell — The Legality of Marijuana Seeds in Nevada
If you’re wondering what the legal status of growing cannabis seeds in Nevada is — look no further.
Here’s a list of cannabis laws that you must know before you start growing weed in the Silver State:
- Recreational cannabis is legal
- Medical marijuana is legal
- It’s legal to buy and possess cannabis seeds from seed banks
- It’s legal to grow your own weed seeds
Now that we’ve cleared these essential facts about the legal framework surrounding cannabis — read below to discover in-depth information on grow tips, top-rated seed strains to grow at home, recommended seed banks that deliver to Nevada, and the history of cannabis regulation in the Silver State.
Super Lemon Diesel
White Widow Max
Super Sour Berry
Growing Cannabis Seeds in Nevada
Growing cannabis seeds in Nevada is a pleasure.
First, the weather in Nevada is warm — especially in the lower elevation zones. For the most part, Nevada is a desert, which means dry and hot conditions.
Although record-breaking heat can stress cannabis plants — there are many ways to avoid heat stress while growing weed seeds in Nevada.
Without further ado — let’s jump into a few essential considerations when growing marijuana seeds in Nevada.
When to Sprout Cannabis Seeds in Nevada
Overall, Nevada offers a wide window to germinate cannabis seeds.
The ideal time to sprout weed seeds in Nevada is between March and May. However, your location in Nevada may influence the month that you decide to pop a few beans.
For example, if you live in the outskirts of Reno or Incline Village, you may want to wait until the last chance of frost ends. However, if you live in Henderson or Las Vegas — do yourself a favor and get your weed seeds in the ground by March.
Issues to Consider When Growing Marijuana Seeds in Nevada
There’s no escaping it — problems always arise when you grow cannabis seeds.
However, the plan is not to freak out when they happen but instead to react most favorably for a hefty harvest.
Here’s a list of issues that you may run into while growing cannabis seeds in Nevada:
- Pests and diseases
- Inclement weather (primarily heat)
- Law enforcement
First, you must understand that thieves will take your buds if they get a chance. In other words — never tell anyone that you are growing weed at home.
Next, there’s a good chance you’ll experience 100°F + day after day once summer hits. Luckily, many cannabis seed strains are drought tolerant and can withstand the harsh blast of the sun. However, it’s up to you to pick the correct seed strain from a local or online seed bank.
Another issue that you may run into is pests and diseases. Once again, you should always be prepared for the worst — even if high humidity and mold are rare in Nevada.
Last but not least is law enforcement. Yes, cannabis seeds and cultivation is legal. However, going over a specific plant count isn’t. Therefore, you must always grow within your legal limits or face the repercussion of the law in Nevada.
Tips for Growing Cannabis Seeds in Nevada
Now, let’s go over a few tried-and-true tips when growing marijuana seeds in Nevada.
Buy Cannabis Seeds From a Reputable Online or Local Seed Bank in Nevada
First thing’s first — you should always buy cannabis seeds from a trustworthy online or local seed bank.
The answer is simple — seed banks are the gateway to thousands upon thousands of verified seed strains directly from the breeder. In other words, seed banks allow you to pick the perfect seed strain for your garden.
Long gone are the days of growing mystery weed seeds that produce nothing but bogus buds. By purchasing verified seed strains from seed banks, you’ll find nothing but top-shelf buds — every time.
Buy Cannabis Seeds for Your Regional Climate in Nevada
Next, you must choose cannabis seeds that are suitable for your local climate.
For example, a cannabis cultivator in Incline Village should buy a fast-flowering seed strain that’s relatively resilient to cool temperatures and mold. In another case, growers in Las Vegas must buy seed strains that exhibit resilience against high heat and drought.
We believe that it’s unnecessary to fight nature. If you buy a seed strain with poor heat tolerance — you’ll have a challenging growing season in Nevada.
Ultimately, buying weed seeds in accordance with your local climate will produce a spectacular harvest at the end of the growing season.
Of course you probably aren’t living in Death Valley, but Nevada’s climate is often blazing hot.
Plan Your Cannabis Garden in Advance
Last but not least is always to have your indoor or outdoor garden ready before you germinate your weed seeds.
Even if your cannabis seeds arrive ultra-fast from an online seed bank — wait! Unless your indoor or outdoor garden is entirely ready — hold back your temptation to pop those seeds until the garden is prepared.
Suppose you jump the gun and germinate your cannabis seeds before the garden is fully prepared. In that case, you may experience a cascade of problems that are difficult to resolve without harming your precious seedlings.
Remember — patience is a virtue (even when growing weed).
Which Marijuana Seed Store Is the Best Option For Residents in Nevada?
When it comes to seed banks — Nevadans have two options: local or online seed banks.
Let’s take a look at which type of seed bank is best and why.
Local Cannabis Seed Stores in Nevada
First, let’s talk about local cannabis seed banks in Nevada.
Remember, Nevada offers recreational and medical marijuana. Therefore, you’ll find licensed dispensaries that double as seed banks in a city near you. Here’s a list of recommended seed stores to buy cannabis seeds in Nevada:
- GG Strains (Legendary breeder Josey Wales — Gorilla Glue #4)
- Thrive Cannabis
Although you’ll find incredible cannabis seeds in the above-mentioned seed stores (especially GG Strains) — most of the top-shelf seed strains are either sold out or outrageously expensive.
Furthermore, many cannabis cultivators don’t live in major cities, such as Las Vegas, where the majority of seed banks are located.
If you’d rather order cannabis seeds and have them delivered to your door — online seed banks are the answer.
Online Cannabis Seed Banks That Ship to Nevada
When you prize convenience, affordable pricing, and top-shelf seed selection — look no further than online cannabis seed banks that ship to Nevada.
Not only do online seed banks offer incredibly fast shipping, but they accept a wide number of payments and provide a seemingly endless list of top-shelf seed strains.
Our two favorite online seed banks that ship to Nevada are none other than:
Once you browse either of these seed banks, you’ll find yourself staring at limited seed strains, bulk discounts, and deal after deal. In other words, browsing ILGM or MSNL Seed Bank will make you feel like a kid in a candy store.
Marijuana-Seeds.NL – High Quality Genetics. Shipping Worldwide.
Recommended Cannabis Seed Strains to Buy From Online Seed Banks and Grow In Nevada
Now, let’s talk about our favorite seed strains to grow in the Silver State.
Whether you’re after top-shelf quality, mind-blowing THC content, or heavy yields — you’ll find it all (and then some) with these three seed strains!
Gorilla Glue Feminized Seed Strain
The one, the only — Gorilla Glue #4.
If you didn’t know, the legendary Gorilla Glue seed strain was bred in Nevada and offered some of the most mind-blowing highs characteristics.
From outstanding bag appeal, yields, flavor, aroma, and potency — the Gorilla Glue Feminized seed strain ticks all the boxes. Furthermore, the GG seed strain is easy to grow and performs exceedingly well indoors and outdoors in Nevada.
If you’re ready to grow the perfect hybrid — look no further than the Gorilla Glue seed strain at a local or online seed bank.
Purple Haze Feminized Seed Strain
We recommend the Purple Haze Feminized seed strain to anyone in Nevada that wants purple weed that’s beyond easy to grow.
Whether you’re a beginner or a pro — the Purple Haze seed strain is a no-brainer variety that nearly grows itself. In a surprise twist, the Purple Haze seed strain produces gorgeous flowers drenched in potent resin.
Furthermore, the Purple Haze seed strain grows fast indoors and outdoors — making it an incredibly versatile variety for growers in Nevada for the 2022 growing season.
Mimosa Feminized Seed Strain
Did someone say top-shelf?
If you’re looking for one of the best cannabis seed strains in the industry — look no further than Mimosa.
The Mimosa Feminized seed strain has it all, from buckets of bud, top-shelf bag appeal, eye-popping potency, and flavors that’ll shock your taste buds. As a cherry-on-top — the Mimosa seed strain is easy to grow indoors and outdoors.
As long as you give Mimosa enough water outdoors (especially when the mercury pushes 95°F +), you’ll soon find a crop filled with diamond-encrusted buds.
The History of Cannabis in Nevada
The history of cannabis in Nevada relates strictly to the legal regulations that shaped cannabis laws in the Silver State.
Let’s dive into the history of cannabis laws in Nevada — and how they’ve led to outright recreational and medical marijuana legalization.
Cannabis Laws in Nevada
Nevada wasn’t always pro-cannabis.
Below, you’ll discover how Nevada went from full-blown prohibition to multiple licensed dispensaries on the same block in Sin City.
Cannabis Prohibition in Nevada
As with most other states in the USA — Nevada banned all forms of cannabis (including seeds) in 1923.
At this point, cannabis use was demonized, and heavy-handed tactics were used to dissuade the general public from growing or consuming weed.
Surprisingly, cannabis prohibition lasted decades in Nevada.
As with most other states in the USA — Nevada banned all forms of cannabis (including seeds) in 1923.
Nevada Opts for Medical Marijuana
As if out of the blue — voters in Nevada voted yes for the Nevada Medical Marijuana Act (Question 9).
However, for Question 9 to become part of Nevada law, it needed to win a second vote two years later. Luckily, voters in Nevada were adamant about legalizing medical marijuana and voted in even greater numbers in 2000.
At this point, the state’s legislature couldn’t deny it — medical marijuana was now legal in Nevada.
However, medical marijuana didn’t become law until 2001 under the passage of Assembly Bill 453.
How to Get a Medical Marijuana Card in Nevada
If you live in Nevada and want to apply for a medical marijuana license — you must visit the Department of Health and Human Services Nevada Division of Public and Behavioral Health (DPBH).
Once you visit the DPBH, you can begin the process and register as a medical marijuana cardholder in a few easy steps!
Nevada Decriminalizes Cannabis
Under AB 453 (the bill that legalized MMJ), a provision within the bill decriminalized cannabis possession of up to one ounce.
In other words, Nevadans were no longer subject to automatic felonies for possessing up to one ounce of cannabis.