Nevada Administrative Code Chapter 453A - Medical Use of Marijuana
Nevada Administrative Code (NAC) Chapter 453A — Medical Use of Marijuana
1. Purpose of Chapter 453A
NAC Chapter 453A establishes the regulatory framework governing the medical use of marijuana in Nevada. Its primary objectives are to:
Regulate the lawful medical use of marijuana under state law
Protect patients with qualifying medical conditions
Ensure public health, safety, and accountability
Control registration, compliance, and oversight of medical marijuana activities
The chapter functions as administrative rules that implement Nevada’s medical marijuana statutes.
2. Scope and Applicability
Chapter 453A applies to:
Registered medical marijuana patients
Designated caregivers
Physicians and certifying practitioners
State health authorities responsible for registration and enforcement
It governs who may legally possess or use medical marijuana, under what conditions, and subject to what limitations.
3. Patient Registration System
A. Eligibility
To qualify as a medical marijuana patient:
The individual must have a serious or chronic medical condition recognized by Nevada law
A licensed medical practitioner must certify that the patient may benefit from medical marijuana
The patient must apply for and receive official registration approval from the state
B. Registry Identification Cards
Approved patients are issued a registry identification card
The card serves as legal proof of authorization
Cards must be renewed periodically
Use or possession without a valid card is not protected under this chapter
4. Caregivers
Chapter 453A allows patients to designate a primary caregiver who may assist with:
Managing the patient’s medical marijuana needs
Handling permitted possession on the patient’s behalf
Key rules:
Caregivers must be registered and approved
A caregiver may only assist authorized patients
Caregivers are subject to strict limitations and oversight
5. Possession and Limitations
The regulations specify:
Maximum allowable quantities of medical marijuana
Restrictions on location, such as:
Prohibition in public places
Prohibition on school grounds
No authorization to operate vehicles while impaired
Exceeding limits or violating conditions removes legal protection.
6. Confidentiality and Privacy
Chapter 453A includes strict confidentiality protections:
Patient and caregiver information is not public
Registry data is protected from disclosure except:
To authorized law enforcement for verification
As required by law or court order
Unauthorized disclosure is subject to penalties and disciplinary action.
7. Physician Responsibilities
Medical practitioners must:
Hold a valid Nevada license
Conduct a bona fide medical examination
Maintain proper medical records
Avoid conflicts of interest or improper financial arrangements
False certification or misconduct can result in:
Professional discipline
Loss of licensing privileges
Legal penalties
8. Enforcement and Penalties
State authorities may:
Audit registrations
Investigate suspected abuse or fraud
Revoke or suspend registration cards
Refer violations for criminal or administrative enforcement
Common violations include:
False medical certification
Unauthorized possession
Misuse of registry identification cards
Acting outside the scope of authorization
9. Legal Protections Provided
When fully compliant, Chapter 453A provides:
Protection from state criminal penalties
Affirmative defense in certain legal proceedings
Limited immunity for registered patients and caregivers
However:
Federal law is not affected
Employment, housing, and school policies may impose separate restrictions
10. Summary Table
| Aspect | NAC Chapter 453A |
|---|---|
| Purpose | Regulate medical use of marijuana |
| Who is covered | Registered patients, caregivers, physicians |
| Key mechanism | State registry and ID cards |
| Possession limits | Strictly regulated |
| Confidentiality | Strong privacy protections |
| Physician role | Certification and oversight |
| Enforcement | Audits, revocations, penalties |
11. Overall Significance
NAC Chapter 453A provides a controlled legal framework for medical marijuana in Nevada by:
Balancing patient access with regulatory oversight
Preventing abuse through registration and limits
Ensuring public safety and accountability
It is a public health–focused regulatory scheme, not a general legalization measure.
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