Statutes, codes, and regulations
Nevada Revised Statutes
Title 3 - REMEDIES; SPECIAL ACTIONS AND PROCEEDINGSChapter 41 - ACTIONS AND PROCEEDINGS IN PARTICULAR CASES CONCERNING PERSONS
ACTIONS FOR PERSONAL INJURIES BY WRONGFUL ACT, NEGLECT OR DEFAULT
Section 41.1307 - Liability of person who serves, sells or furnishes cannabis or cannabis product for damages caused as a result of consumption of cannabis or cannabis product: No liability if person served is 21 years of age or older; liability in certain circumstances if person served is under 21 years of age; exception to liability; damages, attorney's fees and costs

Nev. Rev. Stat. § 41.1307

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Current through 82nd (2023) Legislative Session Chapter 535 and 34th (2023) Special Session Chapter 1 and 35th (2023) Special Session Chapter 1
Section 41.1307 - Liability of person who serves, sells or furnishes cannabis or cannabis product for damages caused as a result of consumption of cannabis or cannabis product: No liability if person served is 21 years of age or older; liability in certain circumstances if person served is under 21 years of age; exception to liability; damages, attorney's fees and costs
1. A person who serves, sells or otherwise furnishes cannabis or a cannabis product to another person who is 21 years of age or older is not liable in a civil action for any damages caused by the person to whom the cannabis or cannabis product was served, sold or furnished as a result of the consumption of the cannabis or cannabis product.
2. Except as otherwise provided in this section, a person who:
(a) Knowingly serves, sells or otherwise furnishes cannabis or a cannabis product to an underage person; or
(b) Knowingly allows an underage person to consume cannabis or a cannabis product on premises or in a conveyance belonging to the person or over which the person has control,

is liable in a civil action for any damages caused by the underage person as a result of the consumption of the cannabis or cannabis product.

3. The liability created pursuant to subsection 2 does not apply to a person who is licensed to serve, sell or furnish cannabis or cannabis products or to a person who is an employee or agent of such a person for any act or failure to act that occurs during the course of business or employment and any such act or failure to act may not be used to establish proximate cause in a civil action and does not constitute negligence per se.
4. A person who prevails in an action brought pursuant to subsection 2 may recover the person's actual damages, attorney's fees and costs and any punitive damages that the facts may warrant.
5. As used in this section:
(a) "Cannabis" has the meaning ascribed to it in NRS 678A.085.
(b) "Cannabis product" has the meaning ascribed to it in NRS 678A.120.
(c) "Underage person" means a person who is less than 21 years of age.

NRS 41.1307

Added to NRS by 2021, 2379
Added by 2021, Ch. 387,§30.5, eff. 10/1/2021.