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Nevada laws for “Cultivation of Marijuana” in Nevada (NRS 453.3393)

Updated July 1, 2020

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:

  1. The defendant had no knowledge the pot was growing on his/her property, or
  2. 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:

  • manufacturing,
  • planting,
  • harvesting,
  • drying,
  • propagating, or
  • processing

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:

  1. Cultivating marijuana within 25 miles of a licensed retail marijuana store;
  2. Cultivating marijuana plants where they are visible from a public place by normal unaided vision; or
  3. 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

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:

  1. 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.
  2. 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.

Legal References:
  1. NRS 453D.110; NRS 453D.400.
  2. NRS 453A.200.
  3. NRS 453.3393.
  4. NRS 453.3363, NRS 453.580
  5. NRS 453.3393
  6. NRS 179.245; NRS 179.255.
  7. Immigration and Nationality ActINA § 237(a)(2)(B)(i); 8 USC 1227(a)(2)(B)(i).

Nevada Revised Statutes Blog Posts:

Updated July 1, 2020 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. .

Updated July 1, 2020 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. .

Updated July 1, 2020 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. .

Updated July 1, 2020 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. .

Only people more than 25 miles away from a licensed dispensary may grow marijuana in Nevada for recreational purposes. Those growers are limited to 6 plants per person and 12 per household. The marijuana plants may not be visible to the public. Depending on the facts, violations may carry fines or prison time.

Nevada Cultivation License and Marijuana Laws

Home » Compliance » Nevada Cultivation License and Marijuana Laws

Medical marijuana was legalized in Nevada in 2001 and began its real program journey in 2015.

In 2016, citizens of Nevada voted to legalize the recreational use of marijuana and at which time permitted purchase, possession, consumption for adults that were over 21.

As of 2019, there were over 60 dispensaries in the state, the most being in Clark County, where Las Vegas is located.

Here are some details about the Nevada marijuana cultivation license in Nevada’s advanced marijuana market.

Table of Contents

Nevada Marijuana Laws for Growers

Medical vs. Recreational

A recreational marijuana cultivation facility is an entity licensed to cultivate, process, and package marijuana, to have marijuana tested by a marijuana testing facility, to sell marijuana to retail marijuana stores, product manufacturing facilities, and other marijuana cultivation facilities, but not to consumers.

The recreational laws define a batch as:

“Usable flower and trim contained within one or more specific lots of marijuana grown by a marijuana cultivation facility from one or more seeds or cuttings of the same strain of marijuana and harvested on or before a specified final date of harvest.”

And the batch number as:

“A unique numeric or alphanumeric identifier assigned to a batch by a marijuana establishment when the batch is planted.”

The medical marijuana laws define batch the same as the recreational laws. However, cultivation facility is more specifically defined as a facility that acquires, possesses, cultivates, delivers, transfers, transports, supplies or sells marijuana and related supplies to medical dispensaries, facilities to produce edible marijuana products or marijuana-infused products or other cultivation facilities.

Handouts

All handouts must be disclosed (including samples), all soil amendments, fertilizers, crop production aids, growing mediums included in lot as well as the facility that tested the product should be available information. Any samples packaged (jar for smells) should be less than 3 ½ grams, may not be sold, must be destroyed after use.

Quality Control

Each cultivation facility should have a quality control unit that is responsible for checking containers, packaging, and the product in general. The hygiene of the facility should always be upheld as well as have a proper building in accordance with the administrative code 453A.606.

Types of Nevada Grow Licenses

Cultivation facility licensees are permitted to cultivate (grow), process, and package marijuana; to have marijuana tested by a testing facility; and to sell marijuana to retail marijuana stores, to marijuana product manufacturing facilities, and other cultivation facilities, but not to consumers.

Nevada Commercial Grow License Cost

To purchase a Nevada marijuana cultivation license a one-time application fee of $5,000 is required.

The Department may require payment of an annual licensing fee not to exceed:

  • For the initial issuance of a license for a marijuana cultivation facility: $30,000
  • For a renewal license for a marijuana cultivation facility: $10,000
  • For the initial issuance of a license for a marijuana product manufacturing facility: $10,000
  • For a renewal license for a marijuana product manufacturing facility: $3,300

For a complete list of fees, review the Regulations and Taxation of Marijuana document.

Nevada Commercial Grow License Application Requirements

The Department is not currently accepting applications for marijuana licenses or medical marijuana registration certificates.

The Department will issue a 45-day notice prior to the opening of an application period. To be notified, sign up here. The application will be made available at the time of notification.

Marijuana Compliance in Nevada

State Tracking System

Nevada has contracted Metrc as the mandatory regulatory tracking system. Metrc is a seed-to-sale marijuana tracking system that uses serialized tags attached to every plant — and labels attached to wholesale packages — to track marijuana inventory. Each tag is attached to a plant to facilitate tracking through different stages of growth, as well as the drying and curing processes, and eventual retail sale.

Third-Party Integration

365 Cannabis is a validated third-party vendor for Metrc in Nevada. 365 Cannabis offers inventory control and tracking that is capable of interfacing with Metrc to track:

  • Number of plants & cuttings
  • Weight of flowers, measured in grams
  • Weight of trim, measured in grams
  • Quantity of THC, measured in mg
  • Weight of seeds, measured in grams

We will continue to update this page regularly as new legislation is passed. We encourage you to always check The Department website for the most up-to-date and detailed information.

Schedule a demo to see what 365 Cannabis can do for your cannabis cultivation business.

Keep up with the ever-changing legalities of marijuana in Michigan! Learn about Nevada marijuana cultivation license and marijuana laws from 365 Cannabis.