Medical Marijuana

Application process

If you are a Nevada resident, you can apply for a registry identification card that will allow you, with certain exceptions described below, to distribute and use marijuana and marijuana paraphernalia for medical purposes.  Generally, you will need to submit an application to the State with documentation from your doctor stating that: (1) you have been diagnosed with a chronic or debilitation medical condition; and (2) marijuana may mitigate the effects of your condition.  If you meet all other requirements, you can apply even if you are under 18 years old as long as your parent or legal guardian agrees. 

Your application must be granted unless: (1) you failed to provide required information or otherwise failed to comply with any regulation; (2)  you provided false information; (3) your doctor was not in good standing or was not licensed to practice medicine; (4) either you or your caregiver was convicted of knowingly or intentionally selling a controlled substance; (5) you or your caregiver has had a registry card revoked, (6) if you are under 18 and your parent or legal guardian refuses to consent

If you are denied your application, you have the right to challenge this decision.

You have a defense to the following crimes if you have a valid registry card. 

If you have a valid  registry card, this does not mean that you are protected from all marijuana-related prosecution. 

As long as you have equal to or less than once ounce of marijuana, and/or three mature marijuana plants, and/or four mature marijuana plants, you cannot be prosecuted for:

  1. Possession, delivery, or growing marijuana, or aiding and abetting someone else in doing this;
  2. Possession or delivery of drug paraphernalia, or aiding and abetting someone else in doing this; or
  3. Any crime in which the above-mentioned charges is an element.

A valid registry card is not a defense for the following crimes.

  1. Driving or being in actual physical control of a motor vehicle, airplane, or boat while under the influence of marijuana or marijuana metabolite, regardless of whether anyone is injured or killed;
  2. Using marijuana or possessing paraphernalia in public or in public view;
  3. Using marijuana in a detention facility (jail or prison);
  4. Delivering marijuana to any person that you know does not lawfully hold a registry identification card;
  5. Delivering marijuana to any person for any value to you (i.e. delivering marijuana in exchange for money).

If you have been charged with a marijuana-related crime, call us now to discuss your options and defenses.  If you retain us, you may not even be required to appear in court.

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