Nevada Revised Statutes
Chapter 678C - Medical Use of Cannabis
NRS 678C.300 - Acts for which holder of registry identification card or letter of approval is not exempt from state prosecution and may not raise affirmative defense; additional penalty.


1. A person who holds a registry identification card or letter of approval issued to him or her pursuant to NRS 678C.230 or 678C.270 is not exempt from state prosecution for, nor may the person establish an affirmative defense to charges arising from, any of the following acts:
(a) Driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of cannabis.
(b) Engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420, 488.425 or 493.130.
(c) Possessing a firearm in violation of paragraph (b) of subsection 1 of NRS 202.257.
(d) Possessing cannabis in violation of NRS 453.336 or possessing paraphernalia in violation of NRS 453.560 or 453.566:
(1) If the possession of the cannabis or paraphernalia is discovered because the person engaged or assisted in the medical use of cannabis in:
(I) Except as otherwise provided by regulations adopted by the Board pursuant to NRS 678B.645, any public place or in any place open to the public or exposed to public view; or
(II) Any local detention facility, county jail, state prison, reformatory or other correctional facility, including, without limitation, any facility for the detention of juvenile offenders; or
(2) If the possession of the cannabis or paraphernalia occurs on school property.
(e) Delivering cannabis to another person who he or she knows does not lawfully hold a registry identification card or letter of approval issued by the Division or its designee pursuant to NRS 678C.230 or 678C.270.
(f) Delivering cannabis for consideration to any person, regardless of whether the recipient lawfully holds a registry identification card or letter of approval issued by the Division or its designee pursuant to NRS 678C.230 or 678C.270.
2. Except as otherwise provided in NRS 678C.240 and in addition to any other penalty provided by law, if the Division determines that a person has willfully violated a provision of this chapter or any regulation adopted by the Division to carry out the provisions of this chapter, the Division may, at its own discretion, prohibit the person from obtaining or using a registry identification card or letter of approval for a period of up to 6 months.
3. Nothing in the provisions of this chapter shall be construed as in any manner affecting the provisions of chapter 678D of NRS relating to the adult use of cannabis.
4. As used in this section, "school property" means the grounds of any public school described in NRS 388.020 and any private school as defined in NRS 394.103.
(Added to NRS by 2019, 3821; A 2021, 2373)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 678C - Medical Use of Cannabis

NRS 678C.005 - Definitions.

NRS 678C.010 - "Attending provider of health care" defined.

NRS 678C.020 - "Cachexia" defined.

NRS 678C.030 - "Chronic or debilitating medical condition" defined.

NRS 678C.040 - "Designated primary caregiver" defined.

NRS 678C.050 - "Division" defined.

NRS 678C.060 - "Inventory control system" defined.

NRS 678C.070 - "Letter of approval" defined.

NRS 678C.080 - "Registry identification card" defined.

NRS 678C.090 - "State prosecution" defined.

NRS 678C.100 - "Usable cannabis" defined.

NRS 678C.110 - "Written documentation" defined.

NRS 678C.200 - Holder of valid registry identification card or medical cannabis establishment license exempt from state prosecution for certain acts involving cannabis.

NRS 678C.210 - Holder of valid letter of approval exempt from state prosecution for certain acts involving cannabis.

NRS 678C.220 - Registry identification cards and letters of approval: Program for issuance; application.

NRS 678C.230 - Registry identification cards and letters of approval: Issuance to applicant; issuance of card to designated primary caregiver; required contents; duration; renewal.

NRS 678C.240 - Registry identification cards and letters of approval: Revocation; duties; judicial review; reapplication prohibited for 12 months.

NRS 678C.250 - Registry identification cards and letters of approval: Holder to notify Division of certain changes in information.

NRS 678C.260 - Registry identification cards and letters of approval: Card or letter to be returned to Division following diagnosis of absence of chronic or debilitating medical condition.

NRS 678C.270 - Registry identification cards and letters of approval: Requirements concerning designation of primary caregiver.

NRS 678C.300 - Acts for which holder of registry identification card or letter of approval is not exempt from state prosecution and may not raise affirmative defense; additional penalty.

NRS 678C.310 - Affirmative defenses.

NRS 678C.400 - Location, land use and signage for medical cannabis establishment; certain provisions inapplicable to dual licenses.

NRS 678C.410 - Actions with respect to cannabis required to be for certain purpose; medical cannabis establishment authorized to acquire cannabis from patient; certain provisions inapplicable to dual licensees.

NRS 678C.420 - Electronic verification system.

NRS 678C.430 - Inventory control system.

NRS 678C.440 - Duties of medical cannabis dispensaries relating to sale of cannabis and cannabis products and relating to legal limits on possession of cannabis for medical use.

NRS 678C.450 - Requirements concerning delivery of cannabis or cannabis products.

NRS 678C.460 - Requirements concerning storage, removal and transportation of cannabis for medical use.

NRS 678C.470 - Medical cannabis dispensary authorized to dispense cannabis to nonresidents of this State under certain circumstances.

NRS 678C.480 - Designation of medical cannabis dispensary.

NRS 678C.490 - Regulations.

NRS 678C.500 - Recommendation to Legislature.

NRS 678C.600 - Possession of registry identification card, letter of approval, license or registration card not permissible grounds for search or inspection; care and return of seized property.

NRS 678C.610 - Forfeiture of assets seized.

NRS 678C.650 - Professional licensing board prohibited from taking disciplinary action against attending provider of health care on basis of provider’s participation in certain activities in accordance with this chapter.

NRS 678C.660 - Professional licensing board prohibited from taking disciplinary action against licensee on basis of licensee’s participation in certain activities in accordance with this chapter.

NRS 678C.700 - Program for evaluation and research of medical use of cannabis: Establishment by University of Nevada, Reno, School of Medicine; federal approval; participants and subjects; quarterly report.

NRS 678C.710 - Program for evaluation and research of medical use of cannabis: Duties of University of Nevada, Reno, School of Medicine concerning confidentiality.

NRS 678C.720 - Program for evaluation and research of medical use of cannabis: Authority of University of Nevada, Reno, School of Medicine concerning gifts, grants, donations or contributions for research program.

NRS 678C.730 - Program for evaluation and research of medical use of cannabis: Deposit, use and disposition of money; Department of Administration of University of Nevada, Reno, School of Medicine to administer account.

NRS 678C.800 - Duties of Division concerning confidentiality; certain items of information not subject to subpoena, discovery or inspection.

NRS 678C.810 - Addition of diseases and conditions to list of qualifying chronic or debilitating medical conditions: Petition; regulations.

NRS 678C.820 - Authority of Board concerning gifts, grants, donations or contributions; deposit of money in State Treasury.

NRS 678C.830 - Deposit, use and disposition of money; administration of account.

NRS 678C.840 - Regulations; fees.

NRS 678C.850 - Effect of chapter.

NRS 678C.860 - State not responsible for deleterious outcomes from medical use of cannabis.