Nevada Revised Statutes

Nev. Rev. Stat. § 453.096 (2026)

“Marijuana” defined

✓ current as of July 2026
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NRS 453.096  “Marijuana” defined.

      1.  “Marijuana” means:

      (a) All parts of any plant of the genus Cannabis, whether growing or not;

      (b) The resin extracted from any part of the plant, including concentrated cannabis;

      (c) Every compound, manufacture, salt, derivative, mixture or preparation of the plant, or its resin;

      (d) Any commodity or product made using hemp which exceeds the maximum THC concentration established by the State Department of Agriculture for hemp; and

      (e) Any product or commodity made from hemp which is manufactured or sold by a cannabis establishment which violates any regulation adopted by the Cannabis Compliance Board pursuant to paragraph (g) of subsection 1 of NRS 678A.450 relating to THC concentration.

      2.  “Marijuana” does not include:

      (a) Hemp, as defined in NRS 557.160, which is grown or cultivated pursuant to the provisions of chapter 557 of NRS;

      (b) The mature stalks of the plant and root balls which have been fully separated from the stalks of the plant after harvest, fiber produced from the stalks, seeds of the plant, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake; or

      (c) Any commodity or product made using hemp, as defined in NRS 557.160, which does not exceed the maximum THC concentration established by the State Department of Agriculture for hemp.

      (Added to NRS by 1971, 2001; A 1975, 450; 2015, 1974, 3086; 2019, 2355, 2589; 2021, 3155; 2023, 2539, 2576)

     

Notes of Decisions
Cited in 6 cases, 1974–2004 · leading case: Williams v. State, 50 P.3d 1116 (Nev. 2002).
Williams v. State, 50 P.3d 1116 (Nev. 2002). · cites it 4× “Williams also points to the exclusion of certain parts of the marijuana plant from the definition of “marijuana” in NRS 453.096 in asserting there could be “legal” users, as well as the fact that doctors in Nevada may prescribe Marinol 18 to certain persons.”
Sessions v. State, 789 P.2d 1242 (Nev. 1990). · cites it 6× “Pursuant to NRS 453.096, marihuana is defined as follows: 1.”
Sheriff, Clark Cnty. v. Luqman, 697 P.2d 107 (Nev. 1985). “Marijuana is specifically defined in NRS 453.096. Although marijuana is not defined as a controlled substance, NRS 453.”
Elsbury v. State, 518 P.2d 599 (Nev. 1974). “NRS 453.096, NRS 453.161(4)0), and NRS 453.”
Desert Valley Constr. v. Hurley, 96 P.3d 739 (Nev. 2004). “…(2004) (marijuana metabolite is a “prohibited substance” for purposes of driving under the influence statute). See NRS 453.096.”
Rowe v. State, 542 P.2d 1059 (Nev. 1975). “NRS 453.096(1) (a) defines marijuana as “[a]ll parts of the plant Cannabis sativa L.”
— Nev. Rev. Stat. § 453.096(1) — 2 cases
Sessions v. State, 789 P.2d 1242 (Nev. 1990). “Pursuant to NRS 453.096, marihuana is defined as follows: 1.”
Rowe v. State, 542 P.2d 1059 (Nev. 1975). “NRS 453.096(1) (a) defines marijuana as “[a]ll parts of the plant Cannabis sativa L.”
— Nev. Rev. Stat. § 453.096(2) — 2 cases
Sessions v. State, 789 P.2d 1242 (Nev. 1990). “Pursuant to NRS 453.096, marihuana is defined as follows: 1.”
Williams v. State, 50 P.3d 1116 (Nev. 2002). “Williams also points to the exclusion of certain parts of the marijuana plant from the definition of “marijuana” in NRS 453.096 in asserting there could be “legal” users, as well as the fact that doctors in Nevada may prescribe Marinol 18 to certain persons.”
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