On November 7, 2000, Question 9 was approved by 65% of Nevada voters. Amending the state's constitution, Question 9 removes state level criminal penalties for patients with written documentation from their physician. Effective October 1, 2001, under AB 453, patients with the following qualifying conditions were afforded legal protections: HIV/AIDS, severe nausea, cachexia, seizures, persistent muscle spasms, severe pain, cancer, and glaucoma. The Department of Human Resources may approve additional conditions. Patients and caregivers may possess up to one ounce of cannabis and cultivate seven plants, three of which may be mature.
A confidential state run patient registry and ID card system was established to provide identification cards to qualified patients and caregivers. Non-registered patients or patients in possession of an amount greater than that allowed under the law may employ an affirmative defense in court. A caregiver must be 18 years of age or older and has the responsibility of caring for the well being of a person diagnosed with a qualifying condition. Patients may only have one caregiver at a time.
There is no reciprocity for out of state patients or caregivers.
Assembly Bill 453 establishes a state registry for medical cannabis patients. Under AB 452, the Department of Motor Vehicles to oversee the issuance of patient registry identification cards.