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Legalization of Marijuana



The proposed amendments, if passed, would make various changes to Nevada law with respect to the possession and use of certain amounts of marijuana. The amendments would allow persons at least 21 years of age to purchase, possess, use and transport up to one ounce of marijuana.

The amendments would also require that marijuana retailers and wholesalers be licensed by the Nevada Department of Taxation. The amendments would subject the wholesale sale of marijuana to an excise tax, and would subject the retail sale of marijuana to the existing sales tax. The financial impact of license fees and excise taxes is further described in the Fiscal Note. After a deduction to defray the cost of tax collection, fifty percent of the tax revenue from the sale of marijuana would be used to fund voluntary programs for the prevention and treatment of the abuse of alcohol, tobacco, or controlled substances, and the other fifty percent would go to the state general fund.

Under the amendments, the following activities would continue to be unlawful: operation of vehicles and vessels under the influence of marijuana; possession a firearm while under the influence of marijuana; possession of marijuana by a prisoner; and possession of marijuana in a public place, correctional facility, or school.

The proposed amendments would increase the maximum prison terms and fines for violations of NRS 484.3795 (death or substantial bodily harm from driving under the influence) from 20 to 40 years imprisonment and from $5,000 to $10,000 in fines. The proposed amendments would also make it a class B felony for a person over 21 to sell or give marijuana to a minor.

The proposed amendments would have no affect on federal laws that prohibit the sale, possession, use and transport of marijuana.