If you are at least 21 years old in Nevada, you may possess up to 1/4 of an ounce of concentrated cannabis for your personal use at a private residence or licensed social use venue. You may not sell concentrated cannabis unless you are a licensed dealer.1
What is concentrated cannabis?
Concentrated cannabis is extracted from marijuana. There are several types of concentrated cannabis, including:
- Kief
- Hashish (hash)
- Live Resin
- Wax (shatter, crumble, or honeycomb)
- Budder or Badder
- Pull and Snap
- Tinctures
- Distillates
- Isolates
- Crystrallines
Concentrated cannabis is more potent than pot. That is why people may possess 2.5 ounces of weed but just 1/4 an ounce of concentrated cannabis.
Where can I have concentrated cannabis?
The only places in Nevada you may possess and consume any marijuana product – including concentrated cannabis – are private residences and licensed social use venues.
You may not have concentrated cannabis in hotel rooms, dorm rooms, or any common areas of buildings.
Can I go to jail for concentrated cannabis?
Having a fourth of an ounce or less of concentrated cannabis anywhere in public other than a licensed cannabis consumption lounge is a Nevada misdemeanor carrying a $600 fine and no jail.2
All other drug charges can carry jail, though incarceration is rare for first-time charges of possession or being under the influence.
Concentrated cannabis offense |
Penalties in Nevada |
| Using or being high3 | Misdemeanor: Jail for up to 6 months and/or up to $1,000 |
| Possessing more than 1/4 oz. – but less than 1 lb. – for personal use4 |
1st or 2nd offense Category E felony: If eligible, a deferral of judgment, which means the charge will get dismissed if you complete various court-ordered sentencing terms. Otherwise, you should get probation and a suspended sentence. |
|
3rd or later offense Category D felony: Nevada State Prison for 1 – 4 years and up to $5,000 |
|
| Possession for the purpose of sale5 |
1st offense Category D felony: Prison for 1 – 4 years (or probation and suspended sentence) and up to $5,000 |
|
2nd offense Category C felony: Prison for 1 – 5 years and up to $10,000 |
|
|
3rd or later offense Category B felony: Prison for 3 – 15 years and up to $20,000 |
|
| Selling or transporting6 |
1st offense Category C felony: Prison for 1 – 5 years (or probation and suspended sentence) and up to $10,000 |
|
2nd offense Category B felony: Prison for 2 – 10 years and up to $20,000 |
|
|
3rd or later offense Category B felony: Prison for 3 – 15 years and up to $20,000 |
|
| Processing7 | Category C felony: Prison for 1 – 5 years and up to $10,000 plus cleanup costs |
| Trafficking – anything involving 1 lb. or more8 |
1 lb. to less than 20 lbs. Category C felony: Prison for 1 – 5 years and up to $25,000 |
|
20 lbs. to less than 100 lbs. Category B felony: Prison for 2 – 10 years and up to $50,000 |
|
|
100 lbs. or more Category A felony: Prison for 15 years – life (with the possibility of parole after 5 years) and up to $200,000 |
How do I fight concentrated cannabis charges?
From our decades of combined experience fighting marijuana allegations throughout Nevada, our Las Vegas criminal defense attorneys found that we can get charges reduced or dismissed by showing that:
- You did not know the marijuana was there, and perhaps someone planted it on you.
- You were a victim of mistaken identity or were otherwise falsely accused.
- You were the victim of police misconduct, such as entrapment or illegal search and seizure.
We rely on such evidence as video surveillance footage, eyewitness accounts, and forensic experts to weaken the state’s case. As long as the D.A. fails to prove guilt beyond a reasonable doubt, the charges should be dropped.
Legal References
- NRS 678D.200. SB 277 (2023).
- NRS 678D.310.
- NRS 453.411.
- NRS 453.336. See also Katelyn Newberg, Nevada’s drug classification for cannabis ruled unconstitutional, Las Vegas Review-Journal (September, 14, 2022)(“[This] ruling will prevent people from being prosecuted for marijuana-related crimes under laws that only apply to Schedule 1 drugs but don’t specifically reference marijuana.”).
- NRS 453.321.
- NRS 453.3393.
- NRS 453.339.
