Nevada’s dual cannabis market—medical and recreational (adult-use)—functions under distinct regulatory frameworks, targeting different consumer needs. Understanding these distinctions is essential for distribution managers, dispensary operators, and regulators alike.
Legal Status & Licensing Requirements
- Medical cannabis requires patients to obtain a Medical Marijuana Card, issued by the Nevada Division of Public and Behavioral Health after a physician’s recommendation and an application process.
- Recreational cannabis is available to any adult 21 and older, with no medical card needed.
- While both product types must be sold through state-licensed dispensaries, recreational logistics also involve tracking under adult-use regulations (NRS 678D).
Age & Consumer Protections
- Medical program extends access to patients 18 and older, and minors under 18 may qualify under caregiver oversight.
- Recreational access is restricted to those 21+, aligning with adult-use statutes.
- Dispensaries must check ID via approved scanning systems and maintain consumer education protocols before sale.
Possession & Purchase Limits
- Medical patients: Up to 2.5 ounces every 14 days and up to 12 home-grown plants if certain conditions are met (e.g., living >25 miles from a dispensary or unable to travel).
- Recreational users: Up to 1 ounce of flower (or ⅛ oz concentrate), with a home grow limit of 6 plants per person, household max 12.
Tax Structure & Pricing
- Medical cannabis is subject to the state’s sales tax (around 6.85–8.25%) but exempt from the 10% recreational excise tax.
- Recreational sales incur an additional 10% excise tax, plus retail and wholesale excise taxes (some sources mention up to ~16.85% total).
- This tax distinction means medical patients often receive lower pricing, aligning with Nevada’s goal of supporting access for qualifying conditions.
Product Types, Potency & Packaging Regulations
- Medical products may feature higher THC concentrations, as well as CBD-rich formulations, tinctures, and other non-smokable forms tailored to therapeutic needs.
- Recreational products are capped at 100 mg THC per package for edibles and standard potency limits apply.
- All products, medical and adult-use, must pass testing (potency, contaminants) and adhere to labeling and packaging rules, though medical items may include extra patient-oriented information.
Home Cultivation Rules
- Patients: Eligible to grow up to 12 plants even if dispensaries are nearby—but only under specific circumstances.
- Recreational growers: Limited to 6 plants per adult and 12 per household, conditional on no dispensary within 25 miles.
Tracking, Compliance & Distribution Logistics
- Distributors must hold separate medical and adult-use distribution licenses, though recent reforms allow some dual licensing.
- Nevada employs Metrc, a central seed-to-sale tracking system, for all cannabis—requiring accurate record-keeping, inventory control, and reporting of agent and facility IDs.
- Staff must carry agent cards and undergo background checks for both operation types.
Why These Differences Matter
- Patient focus: More flexibility in possession, potency, home grow, and pricing supports medical-use goals.
- Public safety: Age restrictions, potency caps, labeling standards, and education mitigate risks in the broader market.
- Operational clarity: Dual licensing, traceability, and compliance standards streamline distribution pipelines.
