Nev. Rev. Stat. § 678D.200

Current through 81st (2021) Legislative Session Chapters 1-557 and 33rd (2021) Legislative Special Session Chapters 1 and 2
Section 678D.200 - Person 21 years of age or older or holder of adult-use cannabis establishment license exempt from state prosecution for certain acts involving cannabis
1. Except as otherwise provided in NRS 678D.300, a person who is 21 years of age or older 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 adult 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:
(a) Is 21 years of age or older;
(b) Is not employed by any agency or political subdivision of this State in a position which requires the person to be certified by the Peace Officers' Standards and Training Commission;
(c) Engages in the adult use of cannabis in accordance with the provisions of this title;
(d) Does not, at any one time, possess, deliver or produce more than:
(1) One ounce of usable cannabis;
(2) One-eighth of an ounce of concentrated cannabis;
(3) Six cannabis plants, irrespective of whether the cannabis plants are mature or immature; and
(4) A maximum allowable quantity of adult-use cannabis products as established by regulation of the Board;
(e) Cultivates, grows or produces not more than six cannabis plants:
(1) Within an enclosed area that is not exposed to public view that is equipped with locks or other security devices which allow access only by an authorized person; and
(2) At a residence or upon the grounds of a residence in which not more than 12 cannabis plants are cultivated, grown or produced;
(f) Delivers 1 ounce or less of usable cannabis or one-eighth of an ounce or less of concentrated cannabis without remuneration to a person who is 21 years of age or older so long as such delivery is not advertised or promoted to the public; and
(g) Assists another person who is 21 years of age or older in carrying out any of the acts described in paragraphs (a) to (f), inclusive.
4. If a person possesses, uses or produces cannabis in an amount which exceeds the amount set forth in paragraph (d) of subsection 3 or in any manner other than that set forth in subsection 3, the person is not exempt from state prosecution for the possession, delivery or production of cannabis.
5. A person who holds an adult-use cannabis establishment license issued to the person pursuant to NRS 678B.250, a cannabis establishment agent registration card issued to the person pursuant to NRS 678B.340, a cannabis establishment agent registration card for a cannabis executive issued to the person pursuant to NRS 678B.350 or a cannabis establishment agent registration card for a cannabis receiver issued to the person pursuant to section 1.69 of this act, and 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. The commission of any act by a person for which the person is exempt from state prosecution pursuant to this section must not be used as the basis for the seizure or forfeiture of any property of the person or for the imposition of a civil penalty.

NRS 678D.200

Added to NRS by 2019, 3834 [Ch. 595], effective July 1, 2020
Amended by 2021, Ch. 359,§2.8, eff. 7/1/2021.
Added by 2019, Ch. 595,§178, eff. 7/1/2020.