Is it illegal to smoke weed in public in Las Vegas?

In Las Vegas, it is a misdemeanor carrying a $600 fine to smoke or consume marijuana in public.¹ Smoking weed in public remains a crime even though it is now legal for adults 21 and older to possess up to 2.5 ounces of marijuana in a private residence for recreational use.²

If you are cited for public pot consumption in Las Vegas, your complaint slip will show that you violated:

• Nevada Revised Statute (NRS) 678D.310 and
• Nevada Offense Code (NOC) 60619.

In Nevada, the only places where you can lawfully consume marijuana are in private residences and licensed cannabis consumption lounges.³ Currently, the only licensed cannabis consumption lounges are:

1. Smoke and Mirrors (part of Thrive Cannabis Marketplace) at 2975 S. Sammy Davis Jr. Dr. Las Vegas, NV 89109;
2. Sky High (inside the NuWu dispensary) at 1235 Paiute Circle, Las Vegas, NV 89106; and
3. Dazed! (inside the Planet 13 dispensary) at 2548 W Desert Inn Rd Suite 130, Las Vegas, NV 89109.

Therefore, you cannot smoke or consume marijuana anywhere else in Las Vegas, including:

• hotel rooms,
• dorm rooms,
• casinos,
• public restrooms,
• vehicles (unless you are parked at a private residence), or
• any other indoor or outdoor public spaces, venues, or businesses.⁴

In this article I answer frequently-asked-questions about Nevada marijuana smoking laws. Also listen to our informative podcast:

How do I fight the charges?

Here at Las Vegas Defense Group, I have represented literally thousands of people charged with drug crimes, including consuming marijuana in public. In my experience, the following three defenses have proven very effective with prosecutors and judges:

1. There was no marijuana. Perhaps the police mistook cigarette or vaping smells as marijuana. Or perhaps the police thought you were eating “edibles” that were in fact drug-free. Here we would rely on laboratory testing and/or blood tests to show you did not consume any cannabis products.
2. The police arrested the wrong person. Maybe someone near you was smoking marijuana, and the police made an error and arrested you instead. It is easy to be a victim of mistaken identity on a busy Las Vegas street, especially at night. Here, we would rely on CCTV footage and eyewitness accounts to show you did nothing wrong.
3. The police committed misconduct. If the police violated your constitutional rights by conducting an unlawful search and seizure or by coercing your confession, then we can ask the judge to suppress (disregard) any illegally-obtained evidence. This may leave the D.A. with too weak of a case to continue prosecuting.

If it is only your first offense of smoking marijuana in public, we may be able to persuade the prosecutors to drop your charge completely so there is no conviction on your record. Some prosecutors are willing to do this, especially if you have an otherwise clean criminal record.

Can I get my record sealed?

If you are convicted in Nevada of smoking marijuana in public, you can petition the court for a record seal one year after your case closes. Though if your charge gets dismissed, then you can petition for a record seal immediately.⁵

Can I get deported?

Smoking marijuana in public is not a deportable offense for non-citizens. However, if you are found in possession of more than 30 grams of marijuana (which is only about one ounce), then you could face deportation from the United States after serving your sentence.⁶

Is it ever okay to smoke marijuana in my car?

No, not unless you are parked on a private road or spot at a private residence in Nevada.⁷ If you just bought cannabis from a dispensary, you are advised to keep it in a closed container in your trunk on the drive home.

Note that driving while impaired by marijuana is punished the same as driving drunk. Penalties include not only fines and possibly jail but also DUI School, a Victim Impact Panel, and a driver’s license revocation.⁸

Additional Reading

For more information, see our informational articles:

• Is hashish legal in Nevada? – Adults 21 and older may possess up to 1/4 of an ounce of hashish for personal use in Nevada.
• Can recreational marijuana be used on college campuses in Nevada? – Marijuana is not allowed on campuses, even dorm rooms.
• Fake Marijuana (“Spice”) – “Spice” and other synthetic cannabinoids are illegal under both Nevada and federal law.
• Growing marijuana – Adults 21 and older can grow six plants (a maximum of 12 per household) if they are more than 25 miles from the nearest licensed dispensary.

Legal References