2017 Nevada Revised Statutes
Chapter 453D - Regulation and Taxation of Marijuana
NRS 453D.400 - Violations and penalties. [This section was proposed by an initiative petition and approved by the voters at the 2016 General Election and therefore is not subject to legislative amendment or repeal until after November 22, 2019.]
1. Restrictions on personal cultivation.
(a) Except as otherwise provided in chapter 453A of NRS, any person who:
(1) Cultivates marijuana within 25 miles of a retail marijuana store licensed pursuant to this chapter, unless the person is a marijuana cultivation facility or a person acting in his or her capacity as an agent of a marijuana cultivation facility;
(2) Cultivates marijuana plants where they are visible from a public place by normal unaided vision; or
(3) Cultivates marijuana on property not in the cultivator’s lawful possession or without the consent of the person in lawful physical possession of the property;
(b) Is guilty of:
(1) For a first violation, a misdemeanor punished by a fine of not more than $600.
(2) For a second violation, a misdemeanor punished by a fine of not more than $1,000.
(3) For a third violation, a gross misdemeanor.
(4) For a fourth or subsequent violation, a category E felony.
2. A person who smokes or otherwise consumes marijuana in a public place, in a retail marijuana store, or in a moving vehicle is guilty of a misdemeanor punished by a fine of not more than $600.
3. A person under 21 years of age who falsely represents himself or herself to be 21 years of age or older to obtain marijuana is guilty of a misdemeanor.
4. A person under 21 years of age who knowingly enters, loiters, or remains on the premises of a marijuana establishment shall be punished by a fine of not more than $500 unless the person is authorized to possess marijuana pursuant to chapter 453A of NRS and the marijuana establishment is a dual licensee.
5. A person who manufactures marijuana by chemical extraction or chemical synthesis, unless done pursuant to a marijuana product manufacturing license issued by the Department or authorized by chapter 453A of NRS, is guilty of a category E felony.
6. A person who knowingly gives marijuana to any person under 21 years of age, or who knowingly leaves or deposits any marijuana in any place with the intent that it will be procured by any person under 21 years of age is guilty of a misdemeanor.
7. A person who knowingly gives marijuana to any person under 18 years of age, or who knowingly leaves or deposits any marijuana in any place with the intent that it will be procured by any person under 18 years of age is guilty of a gross misdemeanor.
8. Notwithstanding the provisions of this chapter, after January 1, 2017, the Legislature may amend provisions of this act to provide for the conditions in which a locality may permit consumption of marijuana in a retail marijuana store.
(Added to NRS by 2016 initiative petition, Ballot Question No. 2)
