Las Vegas Marijuana Possession Lawyer

Marijuana is legal for adults in Nevada, but the law is full of limits, and crossing one can turn a legal product into a criminal charge. Our drug defense team defends people facing marijuana charges across Clark County, from public-consumption citations to felony cases. A charge can follow a traffic stop, a search of your car or home, or marijuana found anywhere on property you control. It can be a straightforward drug possession case, or it can arrive with other charges: marijuana found in your car during a DUI stop can lead to possession charges on top of the DUI.

Were you arrested for marijuana in Las Vegas? Contact De Castroverde Criminal & Immigration Lawyers to get help from our Las Vegas criminal defense attorneys.

Recreational Marijuana Is Legal in Nevada, Within Limits

Under NRS 678D.200, adults 21 and older are exempt from state prosecution for possessing cannabis, as long as they stay within the statute’s limits. The Nevada Cannabis Compliance Board (CCB) summarizes the current rules for adults:

• Adults 21 and older may buy cannabis from a state-licensed retail store and must show valid identification to prove their age.
• Adults may possess up to 2.5 ounces of cannabis, or up to one-fourth of an ounce of concentrated cannabis, at any one time.
• Adults may consume cannabis on private property with the owner’s permission, or in a licensed consumption lounge, but never in a public place.
• Adults may not consume cannabis in a vehicle, including as a passenger.

The 2.5-ounce and one-fourth-ounce limits took effect January 1, 2024, when Senate Bill 277 raised the earlier limits of one ounce and one-eighth of an ounce, according to the CCB. Older articles and some old court records still use the previous numbers, so check the date on anything you read. Possession above the current limits is no longer protected by the exemption, and that is where felony exposure begins (see the penalties section below).

Where You Can and Cannot Use Marijuana in Nevada

Possessing marijuana legally does not mean you can use it anywhere. Under NRS 678D.310, smoking or otherwise consuming cannabis in a public place, in an adult-use retail store, or in a vehicle is a misdemeanor punishable by a fine of up to $600.

In practice, that breaks down like this:

• Lawful: a private home or other private property with the owner’s permission, and state-licensed cannabis consumption lounges.
• Unlawful: streets, sidewalks, parks, parking lots, restaurants, bars, casino floors and any other public place, plus any vehicle.
• Up to the property owner: hotels, casinos, rental homes, apartment buildings and workplaces can ban cannabis, and the law protects their right to do so (NRS 678D.510). Many do, which is why visitors often have nowhere lawful to use cannabis except a lounge or a private residence.
• Off limits regardless: school property, jails and other detention facilities, and federal land and buildings, where federal law applies. Possession on school property, or possession discovered because you used cannabis in a public place, is not covered by the adult exemption at all.

Licensed consumption lounges are the one public setting where Nevada allows adults to consume (NRS 678D.310). Lounges must keep out anyone under 21, and products consumed there must be purchased there and cannot be taken off the premises. Only a limited number of lounges are open, so check the CCB’s list of licensees before you plan around one.

Home Cultivation Rules for Marijuana in Nevada

Nevada allows limited home growing, but only under the conditions in NRS 678D.200 and NRS 678D.310:

• Distance: You may grow only if you live more than 25 miles from the nearest licensed adult-use cannabis retail store.
• Plant count: Up to six plants per adult 21 or older, mature or immature, and no more than 12 plants at any one residence no matter how many adults live there.
• Security: Plants must be in an enclosed area that is out of public view and fitted with locks or other security devices so that only an authorized person can get in.
• Permission: You may grow only on property you lawfully possess, or with the consent of the person who does.

Licensed stores are concentrated in the Las Vegas valley, so many people in the area live within 25 miles of one and cannot legally grow at home. Check the distance to the nearest store before you plant anything.

Growing outside these rules is a crime. A first violation of the distance, visibility or permission rules is a misdemeanor with a fine of up to $600. A second is a misdemeanor with a fine of up to $1,000, a third is a gross misdemeanor, and a fourth or later violation is a category E felony. Growing more than 12 plants can bring separate felony charges under NRS 453.3393.

Two more rules matter to home growers. First, the possession limit still applies to what you harvest: you may have no more than 2.5 ounces of usable cannabis at any one time, however you come by it. Second, you may give cannabis to another adult 21 or older, without payment, in amounts up to 2.5 ounces of usable cannabis or one-fourth of an ounce of concentrate, as long as the gift is not advertised or promoted to the public. Once money or anything else of value changes hands, it is no longer a gift, the exemption no longer applies, and you can face criminal charges.

Marijuana Possession for Minors and Under-21s in Nevada

Nevada does not allow anyone under 21 to buy, possess or use retail cannabis, whatever the amount, according to the CCB. The 2.5-ounce adult limit does not apply to them. For people under 21 the dividing line is one ounce, and what happens next depends on age and amount.

Under 21, in adult court. Under NRS 453.336:

• Possession of one ounce or less of marijuana is a misdemeanor. The court can order up to 24 hours of community service, attendance at a live meeting required by NRS 484C.530, an evaluation under NRS 484C.350, or any combination. If you complete the terms, the court must seal the record without a hearing.
• Possession of more than one ounce (but less than 50 pounds) of marijuana, or more than one-eighth of an ounce of concentrated cannabis, is a category E felony.

Under 18. These cases go through juvenile court. Under NRS 62E.173, a first or second offense involving one ounce or less is handled as a child in need of supervision rather than a delinquent child. The child is placed under informal supervision and performs no more than 24 hours of community service. On a third or later offense, the district attorney may file a petition alleging delinquency.

Other rules that catch young people, and the adults around them:

• A person under 21 who falsely claims to be 21 to obtain cannabis commits a misdemeanor, with penalties like those above. A person under 21 who knowingly enters or stays on the premises of an adult-use cannabis establishment can be fined up to $500 (medical patients visiting a dual licensee are excepted).
• An adult who knowingly gives cannabis to someone under 21 commits a misdemeanor. Giving it to someone under 18 is a gross misdemeanor.

Medical Marijuana Is Legal in Nevada

Nevada also allows medical use by patients who hold a valid registry identification card. Patients 18 or older can apply on their own, while a patient under 18 needs a parent or guardian involved, according to the Nevada Legislature’s research brief on the medical marijuana program.

Patients and their designated caregivers are protected only while they follow the rules in NRS 678C.200 and NRS 678C.300:

• Stay within the medical limit of 2.5 ounces of usable cannabis. State program materials describe this as 2.5 ounces per 14-day period.
• Do not use cannabis in a public place or anywhere exposed to public view.
• Do not drive, or operate a boat, while under the influence of cannabis. A registry card is not a defense to a DUI charge.
• Do not possess a firearm while under the influence of cannabis (NRS 202.257).
• Do not give cannabis to anyone who is not a lawful cardholder, and never for payment.

Penalties for Marijuana Possession in Nevada

Over-limit possession by adults. An adult who possesses more than 2.5 ounces of cannabis, or more than one-fourth of an ounce of concentrated cannabis, loses the protection of the exemption. Possession at that point is charged under NRS 453.336: more than one ounce but less than 50 pounds of marijuana, or more than one-eighth of an ounce but less than one pound of concentrated cannabis, is a category E felony. A category E felony carries 1 to 4 years in prison and a fine of up to $5,000 under NRS 193.130. In most cases the court must suspend the sentence and grant probation, unless an exception applies, such as being on probation or parole for a felony at the time of sentencing (NRS 176A.100). Some first-offense cases may also be eligible for alternatives to a conviction under NRS 453.3363, depending on the facts and the person’s history. Outcomes vary from case to case.

Possession the exemption does not protect. Even within the limit, the adult exemption does not cover possession on school property or possession discovered because you used cannabis in a public place. Prosecutors can charge those situations under NRS 453.336 using the same quantity thresholds.

Public consumption. Using cannabis in a public place, in a retail store or in a vehicle is a misdemeanor with a fine of up to $600.

A marijuana defense attorney can look at how the marijuana was found, how much there was, and what the police did, and may be able to help you avoid the most serious penalties. For a broader look at how Nevada classifies controlled substances, see our overview of Nevada drug schedules and laws.

Penalties for Trafficking Marijuana in Nevada

Trafficking is charged by weight under NRS 453.339. The statute covers knowingly or intentionally selling, manufacturing, delivering or bringing marijuana into Nevada, or being in actual or constructive possession of it, in these quantities:

The weight is measured when the cannabis is seized or as soon as practicable afterward, and marijuana and concentrate seized together are weighed separately. Amounts below these thresholds are not trafficking, but selling cannabis or possessing it for sale can still bring felony charges under other parts of NRS chapter 453. For trafficking charges involving other drugs, see our drug trafficking defense page.

DUI and Marijuana in Nevada

Legal cannabis does not make it legal to drive high. It is illegal to drive, or be in actual physical control of, a vehicle on a highway or on premises open to the public while under the influence of a controlled substance, and being entitled to use the drug under Nevada law, including with a medical registry card, is not a defense (NRS 484C.110). Neither the adult-use exemption nor the medical exemption covers impaired driving.

What prosecutors have to prove depends on the charge. In most marijuana DUI cases, Nevada has no general THC blood limit, so the State must prove you were actually under the influence, and a positive test by itself is not enough. Marijuana blood limits apply only to felony-level DUI charges, under NRS 484C.110(4): 2 nanograms per milliliter of THC or 5 nanograms per milliliter of marijuana metabolite. Those charges include DUI that causes death or substantial bodily harm (NRS 484C.430).

Marijuana DUI cases often turn on blood-test timing, officer observations and field sobriety tests, so it pays to have a lawyer look at the evidence early. For DUI charges involving other drugs, see our drugs and DUI defense page.

Marijuana Is Still Illegal Under Federal Law

Nevada’s laws do not change federal law. In April 2026 the U.S. Department of Justice moved two narrow categories from Schedule I to Schedule III of the Controlled Substances Act: FDA-approved drug products containing marijuana, and marijuana covered by a state medical marijuana license. According to the Department’s order, all other marijuana, including adult-use cannabis sold at retail stores, remains a Schedule I controlled substance.

Possession is still a federal crime under 21 U.S.C. 844: a conviction can carry jail time and a fine. Separately, 21 U.S.C. 844a allows a civil penalty of up to $10,000 per violation for possessing a “personal use amount” of certain controlled substances. Under 21 U.S.C. 862, a court may make a person convicted of possession ineligible for federal benefits for up to one year after a first conviction, and up to five years after a second or later conviction, and may require a drug treatment program.

Federal law still applies in Nevada, including on federal property such as national parks and federal buildings, and a federal charge is possible even for small amounts.

For non-citizens, a marijuana conviction can carry immigration consequences. Under 8 U.S.C. 1227(a)(2)(B)(i), nearly any controlled-substance conviction makes a person deportable. The only exception is a single offense of possessing 30 grams or less of marijuana for one’s own use. A second offense, any other drug offense, or possession for sale falls outside that exception, so talk to a lawyer before you accept any plea.

You Can Have Prior Marijuana Convictions Sealed

In 2019 the Nevada Legislature passed Assembly Bill 192, which created NRS 179.271. If an offense has been decriminalized, a person convicted of it before decriminalization can send a written request to the court of conviction to seal the record. There is no fee. The prosecutor has 10 judicial days to object; if there is no objection the court must grant the request, and if there is one, the court holds a hearing and must still grant the request unless the prosecutor shows, by clear and convincing evidence, good cause to deny it.

The statute applies to any offense that has since been decriminalized and does not name a quantity. Possession of one ounce or less of marijuana is the clearest example, because one ounce is the amount adults were first allowed to possess. The Legislature has since raised the adult limit to 2.5 ounces. A lawyer can tell you where your conviction falls.

If your conviction does not qualify under AB 192, you may still be able to seal it under NRS 179.245. The waiting period runs from your release from custody or discharge from probation or parole, and depends on the level of the offense:

• 1 year for most misdemeanors
• 2 years for a category E felony or a gross misdemeanor
• 5 years for a category B, C or D felony
• 10 years for a category A felony, a crime of violence or a residential burglary

Your record during the waiting period can also affect eligibility, so a lawyer should review it before you file. Sealing generally takes the record out of public view, and a lawyer can explain what you may say about it on applications and which exceptions apply. A marijuana defense lawyer can tell you whether you qualify and when to file.

A Criminal Defense Lawyer Will Fight for Your Rights

Depending on the charges, you may face steep fines and a lengthy prison sentence if you are convicted of marijuana possession. Even in Las Vegas, you cannot afford to gamble on a marijuana charge. Our lawyers investigate the details of your arrest before deciding on an approach. Strategies may include:

Claiming you did not know about the marijuana

NRS 453.336 applies only to someone who knowingly or intentionally possesses a controlled substance. If marijuana was found in a place that is not exclusively yours, such as a shared home or a car with several people in it, we can argue the State cannot prove it was yours or that you knew it was there.

Challenging the search or the arrest

The Fourth Amendment protects people from unreasonable searches and seizures. For background, see the United States Courts educational resources. Police generally need a warrant, consent, probable cause or another recognized exception to search you, your home or your car. We examine how the marijuana was found and whether the stop, the search or the arrest was lawful.

Filing a motion to suppress

If the search was unlawful, we can ask the court to suppress the evidence. Evidence obtained illegally generally cannot be used against you, and without it the prosecution may be unable to proceed and may drop the charges.

Investigating and negotiating

Our team can interview witnesses, gather surveillance, traffic and body-camera footage, obtain phone records and review police reports. If the evidence is strong, a plea agreement may be the best option, and we may be able to have charges reduced or dismissed, including through the first-offense options in NRS 453.3363.

Frequently Asked Questions About Marijuana Possession in Nevada

How much marijuana can I legally possess in Nevada?

Adults 21 and older may possess up to 2.5 ounces of cannabis, or up to one-fourth of an ounce of concentrated cannabis, at any one time under NRS 678D.200. Possessing more than that removes the legal exemption and can be charged as a category E felony under NRS 453.336. People under 21 may not legally possess any amount.

Can I grow my own marijuana in Nevada?

Only if you live more than 25 miles from the nearest licensed adult-use cannabis retail store. If you qualify, you may grow up to six plants per adult 21 or older and no more than 12 per residence, in an enclosed, locked area that is out of public view. Many people in the Las Vegas area live within 25 miles of a retail store, in which case home growing is not an option.

What happens if I get caught smoking marijuana in public in Nevada?

Smoking or consuming cannabis in a public place, in a retail store or in a vehicle is a misdemeanor under NRS 678D.310, punishable by a fine of up to $600. Licensed consumption lounges are the only public venues where adult use is legal.

Can I get a DUI for marijuana in Nevada?

Yes. Driving under the influence of marijuana is illegal even if you hold a medical card, and a registry card is not a defense. In most cases the State must prove you were actually under the influence. Marijuana blood limits of 2 ng/mL of THC or 5 ng/mL of marijuana metabolite apply only to felony-level DUI charges.

Arrested in Las Vegas on Marijuana Charges?

Depending on how much marijuana was involved, where it was found, your age and your record, marijuana charges can range from a misdemeanor to a felony. Possession charges can be brought against you for marijuana found anywhere you have control, including your home, your car and your other property. Make sure your rights are protected against weak or unfounded allegations.

When your freedom and future are on the line, get experienced help early. Call our team at 702-805-2694 to request a case review.