Nev. Rev. Stat. § 678C.200

Current through 81st (2021) Legislative Session Chapters 1-557 and 33rd (2021) Legislative Special Session Chapters 1 and 2
Section 678C.200 - Holder of valid registry identification card or medical cannabis establishment license exempt from state prosecution for certain acts involving cannabis
1. Except as otherwise provided in this section and NRS 678C.300, a person who holds a valid registry identification card issued to the person pursuant to NRS 678C.230 or 678C.270 is exempt from state prosecution for:
(a) The possession, delivery or production of cannabis;
(b) The possession or delivery of paraphernalia;
(c) Aiding and abetting another in the possession, delivery or production of cannabis;
(d) Aiding and abetting another in the possession or delivery of paraphernalia;
(e) Any combination of the acts described in paragraphs (a) to (d), inclusive; and
(f) Any other criminal offense in which the possession, delivery or production of cannabis or the possession or delivery of paraphernalia is an element.
2. In addition to the provisions of subsections 1 and 5, no person may be subject to state prosecution for constructive possession, conspiracy or any other criminal offense solely for being in the presence or vicinity of the medical use of cannabis in accordance with the provisions of this title.
3. The exemption from state prosecution set forth in subsection 1 applies only to the extent that a person who holds a registry identification card issued to the person pursuant to paragraph (a) of subsection 1 of NRS 678C.230 and the designated primary caregiver, if any, of such a person:
(a) Engage in or assist in, as applicable, the medical use of cannabis in accordance with the provisions of this title as justified to mitigate the symptoms or effects of a person's chronic or debilitating medical condition; and
(b) Do not, at any one time, collectively possess with another who is authorized to possess, deliver or produce more than:
(1) Two and one-half ounces of usable cannabis;
(2) Twelve cannabis plants, irrespective of whether the cannabis plants are mature or immature; and
(3) A maximum allowable quantity of cannabis products as established by regulation of the Board.

The persons described in this subsection must ensure that the usable cannabis and cannabis plants described in this subsection are safeguarded in an enclosed, secure location.

4. If the persons described in subsection 3 possess, deliver or produce cannabis in an amount which exceeds the amount described in paragraph (b) of that subsection, those persons:
(a) Are not exempt from state prosecution for the possession, delivery or production of cannabis.
(b) May establish an affirmative defense to charges of the possession, delivery or production of cannabis, or any combination of those acts, in the manner set forth in NRS 678C.310.
5. A person who holds a valid medical cannabis establishment license issued to the person pursuant to NRS 678B.210, a valid cannabis establishment agent registration card issued to the person pursuant to NRS 678B.340, a valid cannabis establishment agent registration card for a cannabis executive issued pursuant to NRS 678B.350or a valid cannabis establishment agent registration card for a cannabis receiver issued pursuant to section 1.69 of this act and who confines his or her activities to those authorized by this title, and the regulations adopted by the Board pursuant thereto, is exempt from state prosecution for:
(a) The possession, delivery or production of cannabis;
(b) The possession or delivery of paraphernalia;
(c) Aiding and abetting another in the possession, delivery or production of cannabis;
(d) Aiding and abetting another in the possession or delivery of paraphernalia;
(e) Any combination of the acts described in paragraphs (a) to (d), inclusive; and
(f) Any other criminal offense in which the possession, delivery or production of cannabis or the possession or delivery of paraphernalia is an element.
6. Notwithstanding any other provision of law and except as otherwise provided in this subsection, after a medical cannabis dispensary opens in the county of residence of a person who holds a registry identification card, including, without limitation, a designated primary caregiver, such a person is not authorized to cultivate, grow or produce cannabis. The provisions of this subsection do not apply if:
(a) The person who holds the registry identification card was cultivating, growing or producing cannabis in accordance with state law on or before July 1, 2013;
(b) All the medical cannabis dispensaries in the county of residence of the person who holds the registry identification card close or are unable to supply the quantity or strain of cannabis necessary for the medical use of the person to treat his or her specific medical condition;
(c) Because of illness or lack of transportation, the person who holds the registry identification card is unable reasonably to travel to a medical cannabis dispensary; or
(d) No medical cannabis dispensary was operating within 25 miles of the residence of the person who holds the registry identification card at the time the person first applied for his or her registry identification card.
7. As used in this section, "cannabis" includes, without limitation, cannabis products.

NRS 678C.200

Added to NRS by 2019, 3814 [Ch. 595], effective July 1, 2020
Amended by 2021, Ch. 359,§2.4, eff. 7/1/2021.
Added by 2019, Ch. 595,§137, eff. 7/1/2020.