Thursday June 19, 2025
Understanding Nevada cannabis laws in 2025
In January 2018, new cannabis laws in Nevada made recreational sales legal. With the "early start" program that went into effect on July 1, 2017, some medical dispensaries had already started selling this product under trial conditions.Since then, this law, known as NRS Chapter 453D – Regulation and Taxation of Marijuana, has been revised and moved to NRS Chapter 678B – Licensing and Control of Cannabis. Effective January 1, 2024, Senate Bill 277 raised the personal possession limit to 2.5 oz. of cannabis flower and .25 oz. of concentrate.
What do these new changes mean for your condo community or homeowners association (HOA)? In this article, we’ll take a closer look at how cannabis laws in Nevada are impacting community associations, and the risks associated with not acting on these new laws.
This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
What condos and HOAs need to consider
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Common areas
Although marijuana is illegal in public spaces, what about private areas like common facilities managed by your condo or HOA? It’s worth noting that state law grants property owners the right to impose restrictions on cannabis use and possession within their domain. As such, it is certainly plausible for a condo or HOA board to impose marijuana-related restrictions if they deem it necessary.
Many condos and HOAs already have policies prohibiting smoking in common areas. According to Steven Parker, president of FirstService Residential Nevada, if yours is one of them, you may be able to apply your existing policies to marijuana smoking — depending on how those policies are written."Check to see what’s in your governing documents about smoking. If smoking policies don’t specify just tobacco, you may not need to make any changes to address marijuana."
Steven Parker, president of FirstService Residential Nevada -
Private residences
Cannabis laws in Nevada have made consumption in private properties legal, posing a challenge for community associations. Condos and HOAs are generally limited in how much they can restrict residents’ behavior within their own homes. If your community does not have existing restrictions against smoking inside units, then residents must vote to amend the regulations if they wish to prohibit any form of marijuana usage. Unlike tobacco, marijuana can also be consumed as an edible. Preventing or banning residents from consuming edibles in their own homes could prove even more challenging for HOAs.
Additionally, it is important to take medical marijuana laws into consideration. Under state law, Nevada condos and HOAs must be accommodating to medical marijuana users. Recreational use of marijuana is not protected by state law; therefore, a condo or HOA can take action against a resident (in terms of a violation notice) if their marijuana use becomes a nuisance. Most condos and HOAs have a provision in their governing documents regarding nuisance activities. These provisions are often cited when tobacco smoke becomes an issue. Just like with tobacco smoke, however, enforcing nuisance provisions may prove difficult.
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Cultivating plants
Cannabis laws in Nevada allow individuals 21 years and older to grow marijuana plants for personal consumption if they live more than 25 miles away from a licensed retail marijuana store. However, they are limited to 6 plants per person and 12 plants per household. They must also be grown within an enclosed area that is not visible to the public and is equipped with a security device, such as a closet or greenhouse. Most importantly, the grower must own the property or have permission from the legal owner to grow marijuana.
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Workplace policies
Recreational use of marijuana does not qualify for protection under NRS 613.333 or NRS 678D.510(1)(a); therefore, employees who test positive for marijuana at work may be discharged, even if it was used recreationally outside of work hours.
Under this law, an employer is still permitted to have a policy prohibiting or restricting the use of marijuana. FirstService Residential currently has a zero-tolerance policy regarding drug use of any kind by associates. Check with your contractors to verify whether they prohibit drug use by their employees and whether they have any intention of loosening their rules because of the new cannabis laws in Nevada.
Frequently asked questions about cannabis laws in Nevada
Is cannabis legal in Nevada?
Yes, recreational cannabis is legal in Nevada for adults aged 21 and over. Medical marijuana is also legal for qualified patients. However, use is limited to private property, and cultivation is regulated.Can Nevada condos or HOAs prohibit marijuana use?
Yes, Nevada condos or HOAs may be able to restrict cannabis use in common areas and may limit use in private units if the activity violates rules on smoking or nuisance. However, boards should consult legal counsel to avoid infringing on medical marijuana rights or overstepping authority.Can residents smoke cannabis on their balcony or patio in Nevada?
Only if the balcony or patio is considered part of the private unit and not a restricted common area. Many condos and HOAs classify balconies as limited common elements which may be subject to the board’s rules, including smoking policies.Can a Nevada condo or HOA fine a resident for cannabis use?
Nevada condos and HOAs may have the authority to fine a resident if their cannabis use or cultivation violates community rules that align with local, state, and federal laws. Fines must follow the enforcement procedures outlined in their governing documents.Are cannabis odors considered a legal nuisance under Nevada condo or HOA rules?
Cannabis odors can be treated as a nuisance if they interfere with another resident’s use and enjoyment of their property. Whether a condo or HOA can act depends on how “nuisance” is defined in the CC&Rs and whether the issue is documented and persistent.Can a Nevada condo or HOA restrict edibles or non-smokable cannabis products?
Restricting edibles or topicals is generally more difficult, as these products don’t produce secondhand effects or visible usage. Most condos and HOAs focus their rules on smoke, odor, or cultivation-related concerns that have a direct impact on the community.Communicating cannabis rules with residents
Clear and proactive communication can help HOAs and condo boards manage expectations around cannabis use and reduce resident disputes. If your board is considering cannabis-related policies, it's important to explain the rationale, provide legal context, and highlight how the rules support a respectful living environment.Some boards host informational sessions or send newsletters to clarify cannabis laws in Nevada and their implications for the community. Others provide anonymous feedback opportunities so residents can voice concerns or ask questions before new rules are adopted. It’s best to involve legal counsel at every step. Your attorney is the go-to expert for interpreting local laws on marijuana use and evaluating how it affects your condo or HOA rules. They can provide invaluable advice to help you stay compliant with regulations while protecting the interests of community members.
Working with your community association manager
Your management company can also help you send out emails, post information onto your website, and distribute letters by postal mail to keep community members informed. At FirstService Residential, we partner with HOA and condo boards across Nevada to simplify communications, support legal coordination, and keep policies aligned with state regulations, including those related to cannabis laws in Nevada. Contact us today to learn how we can simplify life in your community.Disclaimer: This article is provided for information purposes only and does not constitute legal advice. Consult with your association attorney.