Medical Marijuana

First and foremost, it must be stated that under Federal Law Medical Marijuana use and possession is illegal. But, the Department of Justice has stated that they currently have no intention of prosecuting any individual who possesses marijuana if they have been issued a Medical Marijuana card from their home state. Fortunately, Nevada has a Medical Marijuana Program which is run by the Department of Health and Human Services. This program allows patients to legally possess and use marijuana under its’ strict guidelines which are detailed under Nevada Revised Statute’s “NRS” Section 435A. If you have been diagnosed with a chronic illness or disease by a Nevada doctor and your doctor recommends the use of marijuana for medical purposes to assist in your medical treatment, you can apply for a Nevada Medical Marijuana card. If your application is granted and you are given a card, you or your caregiver can legally possess up to two and a half ounces of usable marijuana, in addition to twelve marijuana plants, regardless of the stage of the plants development.

In June of 2013, the Nevada legislature signed in to law SB374, which allows for Medical Marijuana dispensaries to be opened, operated and maintained legally within the state. Las Vegas resides in Clark County, and according to SB374, Clark County will be allowed up to 40 dispensaries. The application process of applying for a Medical Marijuana Dispensary license is very technical, and the assistance of a criminal defense attorney with knowledge of this bill is essential to navigating this complex process. There are many requirements to be granted this license, but the initial hurdle is the monetary requirements. The application fee alone is $5,000 and is non-refundable, meaning even if you are denied a license you are out that fee. Additionally, you must prove you have operating liquid assets of at least $250,000 to open and maintain the dispensary. If granted the license you are required to pay a $30,000 license fee in addition to an annual renewal fee of $5,000.

Las Vegas Criminal Defense Attorney Michael A. Troiano is experienced and well versed in all Nevada laws regarding Medical Marijuana, and can discuss with you the application process for obtaining a Medical Marijuana patient card and/or a Medical Marijuana Dispensary license.