Clark County Cannabis – Is It Legal & Where To Buy 2024
- Nevada Cannabis
- Clark County Cannabis
Is Cannabis Cultivation Legal in Clark County?
Cannabis cultivation in Clark County for medical and adult use is legal. The medical use of cannabis is permitted in the county by virtue of Nevada Revised Statues (NRS) 678C and Chapter 8.60 of the Clark County Code of Ordinances. NRS 678D and Clark County Code of Ordinances Chapter 8.65 legalized the adult use of cannabis in the county.
According to NRS 678D, cannabis may be grown at home by any individual aged 21 and older for personal consumption only and provided there is no licensed cannabis retail store at least 25 miles away. Each qualified person may grow a maximum of six cannabis plants. If several qualified persons live in the same household there is a cap of 12 on the number of plants that they can grow in the household.
The cannabis home grower must be the owner of the residence or must be allowed by the owner to grow cannabis on the premises. Cannabis must be cultivated indoors only, in a locked enclosure. Cannabis must not be visible from outside the residence.
All companies that intend to set up a cannabis business establishment in Clark County, including a medical or adult-use cannabis cultivation facility, must first apply for a license from the Nevada Cannabis Compliance Board (CCB). They must then apply for a special use permit from the Clark County Comprehensive Planning Department and a cannabis business license from the Clark County Department of Business License. There is a specific license for adult-use cannabis cultivation and for medical cannabis cultivation. There is also a master cannabis establishment license that authorizes a business establishment for both medical and adult-use cannabis on the same premises by the same owner.
The county conducts a background check on all cannabis business establishment license applicants. It will also conduct inspections on public safety concerns including compliance with health, air quality, and fire regulations. If the license is granted, these inspections will be repeated annually.
The non-refundable county cannabis business establishment license application fee is $1,500. If the same applicant applies for another type of cannabis business establishment license for the same location, there is an additional application fee of $500 for every added establishment.
If the county license is granted, the quarterly fee is as follows:
If the quarterly gross revenue is $150,000 or lower, 1% of the gross revenue
If the quarterly gross revenue is over $150,000 but not exceeding $400,000, 2% of the gross revenue
If the quarterly gross revenue is over $400,000, 3% of the gross revenue
If the county’s quarterly license fee is not paid on the last day of the quarter, the following penalties apply:
10% of the quarterly license fee due if late by 15 to 30 days
10% of the quarterly license fee due plus a 15% reinstatement fee if late by 31 to 60 days
If late by 61 to 90 days, the license is deemed expired and a request for reinstatement will cost twice the quarterly license fee due
If late by more than 90 days, the license is deemed expired and a new application will have to be accompanied by payment of twice the quarterly license fee due and a new application fee
The county cannabis business establishment license expires on December 31 each year and must be renewed every January 1st. All licensees are required to remain compliant with the following:
Licensees must abide by all relevant state and county laws and regulations to remain qualified for the cannabis business establishment license.
Licensees must ensure proper security for cannabis business establishments.
Licensees must keep accurate and updated records of inventory and sales, subject to unannounced inspections by county authorities to ensure compliance.
The use or consumption of cannabis in any form on the premises is prohibited.
Licensees are responsible for the actions of their employees at work.
Licensees must not allow excessive loitering, nuisance, or disturbances that disrupt peace and order or endanger the safety of purchasers and the public.
Liquid and solid waste must be disposed of in accordance with the law. All cannabis waste must be processed to become unusable and disposal must be documented.
Cannabis cultivation outdoors is allowed only with a verification from the Nevada State Department of Agriculture that the cultivation area will be properly isolated from other crops, including other cannabis crops or industrial hemp crops. This is for the prevention of cross-pollination.
Is Cannabis Manufacturing Legal in Clark County?
The manufacturing in Clark County of medical and adult-use cannabis products is legal as mandated by NRS 678C and NRS 678D of the State of Nevada, as well as the Clark County Code of Ordinances Chapters 8.60 and 8.65.
To manufacture cannabis products in Clark County, companies must acquire a license for a medical or adult-use cannabis production facility, or a master cannabis production facility, first from the state, and then from the county. The entire application process and fees are the same as those for a medical cannabis cultivation facility license and an adult-use cannabis cultivation facility license. Successful licensees must also comply with all the same rules and regulations for cannabis business establishments in Clark County.
A package of the following adult-use cannabis products that contains several servings must have the indicated maximum content of tetrahydrocannabinol (THC) and must be labeled accordingly.:
Edible cannabis products must contain a maximum of 10 milligrams of THC per serving and 100 milligrams of THC per package.
Capsules, transdermal patches, and suppositories must each contain a maximum of 100 milligrams of THC per piece and 800 milligrams per package.
Tinctures must contain a maximum of 800 milligrams of THC per package.
Topical products must contain a maximum of 800 milligrams of THC per package or 6% THC concentration.
Other products must contain a maximum of any of the following:
800 milligrams of THC
⅛ ounce of cannabis concentrate
One ounce of usable cannabis, defined by NRS 678C.100 as the seeds and dried flowers and leaves of the cannabis plant, but excluding its roots and stalks
Is Cannabis Retail Legal in Clark County?
Medical and adult-use cannabis retail in Clark County is legal as stated by the Clark County Code of Ordinances Chapters 8.60 and 8.65 in accordance with the State of Nevada’s NRS 678C and NRS 678D.
To sell medical and adult-use cannabis by retail in Clark County, firms need to obtain from the state and the county a cannabis sales facility license for a medical cannabis dispensary or an adult-use cannabis retail shop, or both. They must follow the same application process and fees as the applicants for the cultivation and production licenses. Once licensed, they are mandated to abide by the same Clark County cannabis business establishment rules and regulations.
A licensed cannabis sales facility in the county is allowed to sell a maximum of one ounce of cannabis for every medical marijuana cardholder or individual aged 21 or older. This can be in the form of cannabis seeds, dried cannabis flowers and leaves, and cannabis products such as oils, extracts, tinctures, ointments, and cannabis-infused edible items, among others. A licensed cannabis sales facility is also permitted to sell cannabis accessories and any device used for the administration or consumption of cannabis for medical or adult use.
Is Cannabis Delivery Legal in Clark County?
Medical and adult-use cannabis delivery to medical marijuana cardholders and consumers aged 21 and older in Clark County is legal as stipulated by the state’s NRS 678C and NRS 678D and Chapters 8.60 and 8.65 of the Clark County Code of Ordinances. Delivery is, however, prohibited in the following areas:
The gaming corridor of Las Vegas Boulevard
Any H1 zone in the Clark County Unified Development Code
Any licensed gaming facility
Only agents of a licensed medical cannabis dispensary or an adult-use cannabis retail store within Clark County may do the delivery.
The licensed medical cannabis dispensary must ensure the following:
Before taking the medical cannabis item out of the sales facility, verify verbally by phone the identity of the medical marijuana cardholder making the order.
Validate the purchaser’s medical marijuana card through the online verification system.
Dispense only the permitted quantity of medical cannabis for every patient.
Check that the Clark County address to which the delivery will be made does not fall within the prohibited areas.
Check that the delivery will be made to the registered Clark County address of the patient or caregiver in the registry.
The medical cannabis item must be handed in person to the patient or caregiver who must first show the medical marijuana card.
The signature of the patient or caregiver must be obtained as proof of delivery.
If the patient or caregiver is not available to receive the item in person, the item must be returned to the licensed dispensary.
The licensed adult-use cannabis retail store must ensure the following:
Before taking the item out of the sales facility, verify verbally by phone the purchaser’s identity and age.
Check that the Clark County address to which the delivery will be made does not fall within the prohibited areas.
Log the qualified purchaser’s information and purchases.
Deliver only the allowed quantity of cannabis for every qualified individual.
During the delivery, check the valid government-issued ID of the purchaser to confirm identity and age before releasing the cannabis item.
The signature of the qualified purchaser must be obtained as proof of delivery.
The delivery must be handed in person to the qualified purchaser. Otherwise, the cannabis must be returned to the licensed retail store.
The delivery vehicle may carry only a maximum of 10 ounces of cannabis at a time.
How to Get a Medical Marijuana Card in Clark County
Residents of Clark County can get a medical marijuana card by applying to the State of Nevada’s Medical Marijuana Cardholder Registry. To qualify, the applicant must be diagnosed to have any of the following ailments by a healthcare provider with a state license to write prescriptions for debilitating or chronic conditions and is in good standing with the applicable state board:
Autism spectrum disorder
AIDS
HIV
Autoimmune disease
Cancer
Anorexia nervosa
Opioid dependence
Glaucoma
Muscle spasms
Cachexia
Seizures
Severe or chronic pain
Nausea
Neuropathic conditions
The applicant must first log in to the online portal. If a caregiver is needed, the appropriate box must be checked. The application form, Attending Healthcare Provider Statement, waiver, and acknowledgment forms must be printed. The Attending Healthcare Provider Statement must be signed by the healthcare provider who made the diagnosis. The applicant must scan this, along with the other filled-up and signed forms and the front and back of the applicant’s and caregiver’s valid state-issued identification card. A separate application must then be done for the caregiver.
All the scans must be uploaded to the portal and the registration fee of $50 a year for the patient and caregiver respectively must be paid online. The medical marijuana card will be mailed to the patient and caregiver within seven to 10 working days.
If the patient is aged 17 and below, a parent must contact the Medical Marijuana Registry at the phone number listed below.
Patients and caregivers may also send their printed and completed forms and documents by mail instead of scanning and uploading them. These must be mailed to the following address:
Nevada Division of Public and Behavioral Health
ATTN: Medical Marijuana Division
4126 Technology Way, Suite 100
Carson City, Nevada 89706
For more information, the following may be contacted:
Phone: (775) 687-7594
Fax: (775) 684-3213
Email: MMRegistry@Health.nv.gov
How Has Cannabis Legalization Impacted the Economy of Clark County?
The Nevada Department of Taxation reports that there is a 15% state wholesale excise tax on medical and adult-use cannabis as well as a 10% state retail excise tax on adult-use cannabis.
In the fiscal year 2022, up to August 25, total taxable sales statewide amounted to more than $965 million. Of this amount, more than $754 million in sales came from Clark County.
Total cannabis tax revenues for the state in the same period amounted to more than $152 million. Of this total, nearly $117 million was collected from Clark County.
In addition, Clark County benefits from its collections of cannabis business establishment license application fees, quarterly license fees, and fines.
The Effects of Cannabis Legalization on Crime Rates in Clark County
Medical cannabis in Clark County was legalized in 2013 while adult-use cannabis was legalized effective January 1, 2017.
As of March 2023, there is no data for Clark County on the FBI’s Crime Explorer page regarding cannabis-related arrests. However, data for the State of Nevada on the same page shows that in 2012, before medical cannabis legalization, there were 8,524 marijuana offense arrests, with 7,231 for possession and 1,293 for manufacturing or sales.
A year after medical cannabis legalization, in 2014, there were 6,403 marijuana offense arrests, with 5,299 for possession and 1,104 for manufacturing or sales.
A year after adult-use cannabis legalization, in 2018, there were 2,550 marijuana offense arrests, with 2,013 for possession and 537 for manufacturing or sales.
In the latest available data in 2021, there were 1,295 marijuana offense arrests, with 1,060 for possession and 235 for manufacturing or sales.
The following were the DUI arrests in those years:
2012: 11,583 arrests
2014: 8,072 arrests
2018: 11,071 arrests
2021: 11,023 arrests
