FAQ

What medical documentation should I bring?

It is very important for you to bring any documentation that supports your diagnosis. This includes medical records, prescriptions, physician’s notes, MRIs/X-rays, and any other documentation that you think can help.

How can I obtain my medical records?

Call your physician or the hospital where you have been treated and tell them you want copies of your medical records. They will assist you with the process and typically have you sign an authorization to fax to them. Getting Legal’s fax number is (702) 979-9915.

What if I cannot retrieve my medical records?

Our staff can assist you in retrieving your records. We will need: · the name of the doctor you saw · the name of the hospital · doctor’s office, or clinic you went to (if applicable) · the doctor’s phone number · the doctor’s fax number

Do you accept insurance?

Currently there are not any medical marijuana doctors in the Nevada that accept insurance.

Will anyone know I have this card?

The list of patients is confidential and not subject to subpoena, discovery, or inspection by the general public.

Will my name be on a state or federal list?

We consider your privacy the utmost importance and follow HIPAA guidelines to ensure patient privacy. You will only be registered with the Medical Marijuana Registry, which is run by the Nevada Division of Public and Behavioral Health.

Does this mean I can smoke and drive?

The medical marijuana law does not protect a patient who uses their medicine while driving a vehicle or operating a boat, nor does the law allow you to medicate in any place exposed to public view. Be safe, and if possible, use your medicine in the safety of your own home.

Are there any age restrictions?

Anyone with a qualifying medical condition who has reached the age of 18 may apply for a medical marijuana patient card. If you or a patient you are inquiring about is under the age of 18, they are considered a minor patient. All minor patients must have a signed statement from his or her personal physician stating that the physician agrees that the minor patient should partake in marijuana therapy. Additionally, the minor patient’s parent or legal guardian must act as the minor patient’s designated primary caregiver and must agree to strictly control the acquisition of the medicine, the dosage, and its frequency of use.

Will this affect my housing situation?

The Nevada medical marijuana law does not specifically address whether or not you can be evicted because you are a patient with an ID. Nothing in the Nevada law specifically addresses whether or not a person can be a patient and live in subsidized housing. If you live in housing funded by the Federal Department of Housing and Urban Development (HUD), Nevada law will not protect you and you may be subject to eviction because medical marijuana is not protected under federal law. Nevada’s medical marijuana law states that no correctional facility, including a county jail, state prison, or juvenile detention center, is required to accommodate a medical marijuana patient.

Can I use my card in another state?

Nevada does not have a reciprocity program with other states which allow people to become medical marijuana patients. If you do not have a Nevada patient ID you will not be protected from prosecution under Nevada law. The Nevada medical necessity defense should still apply to an out of state patient, but be careful. Avoid traveling in Nevada with your medicine if you are an out of state patient. The risk of having your medicine taken and facing possession charges in Nevada is not worth it, even if you might ultimately beat the rap with a medical necessity defense.

How do I start the process of becoming a Nevada Medical Marijuana patient?

Just come to our office (located at 2621 W Charleston Blvd Las Vegas, NV 89102) with your Nevada driver’s license or state ID. Our front desk staff will take care of your paperwork and payment. They will also book a visit for you with our doctor during clinic hours. You will also meet with a Patient Consultant who will review the rules involved with the medical marijuana card and answer any questions you might have. If you have them, you are welcome to bring your medical records at this time so that our staff may copy them and place them in your file.

Can state or local police arrest me for using medical marijuana in Las Vegas, Nevada?

Once the Nevada State Health Division admits you into the Nevada Medical Marijuana Program, and as long as you abide by their strict guidelines (discussed in later questions), then neither you nor your caregiver can be prosecuted in Nevada for marijuana possession, cultivation, trafficking,possession of paraphernalia, or aiding and abetting with the possession and production of marijuana. However, if you or your caregiver ever strays from these guidelines, then you may be prosecuted for possession and related crimes. (NRS 453A.200). Furthermore, being admitted into the Nevada Medical Marijuana Program doesn’t diminish your responsibility to follow public health and safety laws: You may never sail, fly or drive under the influence of medical marijuana, you may never possess a firearm in public under the influence of medical marijuana; and you may not even go on an amusement park ride if you’re under the influence of medical marijuana. (NRS 484.379, 488.400, NRS 493.130, NRS 202.257, NRS 455B.080)

Can federal authorities arrest me for using medical marijuana in Las Vegas, Nevada?

Yes, but chances are the feds will not come after you. Although the federal government still fails to recognize the legality of medical marijuana programs and may therefore arrest you for possessing medical marijuana in Nevada, no cardholding member of the Nevada Medical Marijuana Program has been arrested yet! Currently, the Drug Enforcement Administration is focusing its efforts on large-scale drug traffickers, not individuals and their caregivers licensed by their state to use medical marijuana. So as long as the state of Nevada has granted you the right to use medical marijuana, you probably won’t face federal prosecution.

Do I need a physician to apply to the Nevada Medical Marijuana Program? If so, can the program recommend one to me?

Yes, you need a physician licensed in the state of Nevada to recommend you for the Nevada Medical Marijuana Program and to sign off on your application. The Nevada Medical Marijuana Registry does not make any medical assessments with regard to your application. Only a physician makes the determination whether you suffer from a condition recognized by the Nevada Medical Marijuana Registry. Getting Legal has licensed physicians who can provide an evaluation and recommendation.

What medical conditions qualify me for the Nevada Medical Marijuana Program?

As long as you follow the application procedure for the Nevada Medical Marijuana Registry, you will almost definitely be granted a patient card if your physician found that you suffer from one or more of the following medical conditions: · AIDS · Cancer · Glaucoma · Multiple Sclerosis · Epilepsy · Post Traumatic Stress Disorder · Any other condition that causes muscle spasms, seizures, severe nausea, severe pain, or cachexia (disease-caused weight loss and malnutrition) If your medical condition is not listed above but you believe it could qualify you for a medical marijuana card, please call (702) 979-9999 and a member of our staff can help you make that determination.

May I choose a caregiver to help administer my medical marijuana?

Yes. Each member of the Nevada Medical Marijuana Program can designate one (1) and only one primary caregiver to help administer the medical marijuana.

Who can qualify as my caregiver for the Nevada Medical Marijuana Program?

Your designated primary caregiver can be anybody over the age of eighteen (18) with a Nevada driver’s license or state ID. The caregiver cannot already be a Nevada medical marijuana patient and is not allowed to consume the patient’s medicine. Each caregiver may have only one (1) medical marijuana patient assigned to them. (NRS 453A.080, NAC 453A.150)

What if I don’t have the money to apply to the Nevada Medical Marijuana Program?

The Nevada State Health Division won’t waive your application fee if you can’t afford it, and most health insurance companies won’t cover it. Getting Legal accepts cash and all major credit cards.

May I use medical marijuana in Las Vegas, Nevada, while I’m waiting to hear whether my application to the Nevada Medical Marijuana Program has been approved?

No. You must wait to receive your official approval letter.

If I’m approved for the Nevada Medical Marijuana Program, is it good for life?

No. If you are accepted into the Nevada Medical Marijuana Program, your patient card lasts for one (1) year. If you think you’ll still require medical marijuana after that year, you should go through the renewal process. The Medical Marijuana Registry will send a renewal packet to your address 60 days before the expiration of your patient card. Bring you renewal packet to our office and Getting Legal will guide you through the renewal process.

Why would my application to the Nevada Medical Marijuana Program be denied?

The most common grounds for the Nevada State Health Division to deny you membership into the Nevada Medical Marijuana Program are the following: · Providing false or incomplete information on your application · Not providing proof of your qualifying medical condition · Not providing proof that you’ve consulted with your physician about using medical marijuana · If the physician backing your application is not licensed or not in good standing · If you are under eighteen (18) years old and your parent or guardian did not sign the required statement for your application · If you or your designated primary caregiver has ever been convicted of selling drugs · If you or your designated primary caregiver has ever possessed drugs in jail or delivered drugs to someone in jail · If you’ve failed to follow any other regulations mandated by the Nevada Department of Health and Human Services · If the Nevada State Health Division has ever previously prohibited you from ever obtaining a Registry Identification Card.

If my application to the Nevada Medical Marijuana Program is denied, may I reapply?

If your application to Nevada’s Medical Marijuana Program is denied, you may reapply after six (6) months have passed since the date you were denied. But if your application was denied solely because it was incomplete, you may reapply right away. (NRS 453A.210)

If I’m accepted into the Nevada Medical Marijuana Program, how do I obtain medical marijuana? Can I get a prescription?

Gaining membership into the Nevada Medical Marijuana Program is a lot more straightforward than gaining access to the medical marijuana itself. Strangely, even though the Nevada State Health Division can approve your use of medical marijuana, they may not tell you how to get any. And since marijuana is still considered illegal in the United States, no physician can prescribe it to you (even the physician who recommended that you take it in the first place), nor can any pharmacist fill a prescription for you. Getting Legal is not a dispensary. We do not advise anyone on how to obtain or produce medical marijuana. We only help legal residents of Nevada (with a valid Nevada ID/Driver License as proof of residency) apply for the Nevada medical marijuana program.

How much marijuana does Nevada’s Medical Marijuana Program entitle me to possess?

If you are accepted into the Nevada Medical Marijuana Program, you and your designated primary caregiver (if you have one) may possess up to one ounce (1 oz.) of usable marijuana total–you cannot each possess an ounce of marijuana. (NRS 453A.200) Usable marijuana usually refers to seeds, dried leaves and buds, or any kind that’s immediately ready to be smoked. Usable marijuana does not include the stalks and roots of the plant. (NRS 453A.160). In addition to the ounce of usable marijuana, you and your caregiver may together possess up to three (3) mature marijuana plants and up to four (4) immature marijuana plants. (NRS 453A.200) Mature marijuana plants are blooming, whereby its flowers or buds may be seen without visual aid. Immature marijuana plants are not yet blooming. (NAC 453A.080)

If I’m accepted into the Nevada Medical Marijuana Program, how do I obtain medical marijuana? Can I get a prescription?

Gaining membership into the Nevada Medical Marijuana Program is a lot more straightforward than gaining access to the medical marijuana itself. Strangely, even though the Nevada State Health Division can approve your use of medical marijuana, they may not tell you how to get any. And since marijuana is still considered illegal in the United States, no physician can prescribe it to you (even the physician who recommended that you take it in the first place), nor can any pharmacist fill a prescription for you. Getting Legal is not a dispensary. We do not advise anyone on how to obtain or produce medical marijuana. We only help legal residents of Nevada (with a valid Nevada ID/Driver License as proof of residency) apply for the Nevada medical marijuana program.

Does the Nevada Medical Marijuana Program entitle me to grow marijuana in Las Vegas, Nevada? And if so, how much?

Yes. As explained in the previous question, if you are accepted into the Nevada Medical Marijuana Program, you and your designated primary caregiver may possess up to three (3) mature marijuana plants and four (4) immature marijuana plants total. Mature marijuana plants are blooming, whereby its flowers or buds may be seen without visual aid. Immature marijuana plants are not yet blooming.

If I apply to the Nevada Medical Marijuana Program, does my information remain private?

Yes. The Nevada State Health Division maintains the confidentiality of all applicants to the Nevada Medical Marijuana Program, including the identity of the medical marijuana user, the user’s designated primary caregiver, and the user’s physician. However, if state or local law enforcement ever questions your lawfulness in possessing medical marijuana, the Department of Health and Human Services may release your information to them to verify whether you’re registered with the Nevada Medical Marijuana Program.

What changes in my life do I have to notify the Nevada State Health Division about once I’m registered with the Nevada Medical Marijuana Program?

If you are a patient registered with the Nevada Medical Marijuana Program, it is your responsibility to report the following changes to the Nevada State Health Division within seven (7) days of the change: · Your change of address or phone number · Your change in medical status · If you’ve received new criminal convictions · If you’ve changed your designated primary caregiver, or if you no longer have a caregiver · If you are a designated primary caregiver registered with the Nevada Medical Marijuana Program, it is your responsibility to report the following changes to the Nevada State Health Division within seven (7) days of the change: · Your change of address or phone numbe · Your patient’s change in medical status · If you’ve received new criminal convictions · If your patient dies · If you are no longer the patient’s designated primary caregiver · The office’s hours of operation are Monday through Friday, 8:00 a.m. to 5:00 p.m. Once the Nevada State Health Division receives your changes, they will mail you a written confirmation. If you’ve changed caregivers, then you must return the old caregiver card within seven (7) days of this confirmation. If you do not inform the Nevada State Health Division of these changes, you may face civil and criminal penalties, and you may be disqualified from the Nevada Medical Marijuana Program.

May minors apply to the Nevada Medical Marijuana Program?

Yes. Minors under eighteen (18) suffering from the chronic or debilitating diseases listed in question 6 are just as eligible for a Registry Identification Card as are adults suffering from the same ailments. The only difference is that the minor’s custodial parent or guardian must sign a “minor release” form in his/her application, and that custodial parent or guardian must act as the minor’s designated primary caregiver. Instructions for obtaining an application for Nevada’s Medical Marijuana Program as well as a “minor release”

Does Nevada recognize non-resident medical marijuana users?

No. If you don’t live in Nevada but your home state has approved your use of medical marijuana, Nevada authorities can still arrest you for possessing marijuana within the state. However, if you possess the marijuana solely for medical reasons, and if you can show that you’d otherwise qualify for the Nevada Medical Marijuana Program, then that probably will be a valid defense against possession, and your case probably will be dismissed. (NRS 453A.310) If you’re a medical marijuana user from another state, consult with a criminal defense attorney in Nevada to learn your rights and options.

Do other states recognize medical marijuana users from Nevada?

No, with the exception of Montana and Rhode Island. If you are a cardholding member of the Nevada Medical Marijuana Program, whether you may bring marijuana to another state or possess it in another state depends on that state’s laws. At this time, only Montana and Rhode Island recognizes cardholding medical marijuana users from other states. Consult with a criminal defense attorney in the state to which you’re traveling to learn your legal rights.

Are all my caregivers protected from prosecution if I’m accepted into the Nevada Medical Marijuana Program?

No. You may designate only one (1) primary caregiver in your application for the Nevada Medical Marijuana Program, and this caregiver is the only other person besides yourself who may produce and possess the medical marijuana. (When you request an application to the Nevada Medical Marijuana Program, be sure to ask for a “caregiver packet”.

May one person serve as a caregiver to more than one medical marijuana users in Clark County, Nevada?

No. In the same way that a medical marijuana cardholder may designate only one primary caregiver to produce or possess medical marijuana, a caregiver may not take on medical marijuana duties for more than one patient at a time.

May a designated primary caregiver get paid for administering medical marijuana in Nevada?

No. A caregiver may not charge money or any other form of payment for the service of producing or possessing medical marijuana. If the caregiver does charge, then he/she can be charged with the Nevada crime of marijuana sales. (NRS 453A.300)

Should I tell my employer if I’m registered with the Nevada Medical Marijuana Program?

You should consult an attorney to advise whether you should inform your employer if you’re registered with the Nevada Medical Marijuana Program. If you wish to have the Nevada State Health Division inform your employer on your behalf, you can contact them in writing at: The Nevada State Health Division 4150 Technology Way, Suite 104 Carson City, Nevada 89706 Fax: (775) 687-7595

Are Nevada employers required to accommodate the medical use of marijuana in the workplace?

No. Employers in Nevada are not lawfully required to make medical marijuana accommodations for employees.

If I’m renting my home or live in subsidized housing in Las Vegas, Nevada, do I have to tell my landlord that I’m in the Nevada Medical Marijuana Program?

There’s no law requiring you to inform your landlord if you’re a legal medical marijuana user. However, since marijuana is an illegal drug, your landlord may try to evict you if you’re found out. Consult with a criminal defense attorney to discuss your rights and protections.

Does my medical insurance cover medical marijuana in Las Vegas, Nevada?

Probably not. But check with your individual insurance company to make sure. Since marijuana is still considered an illegal drug in the United States, unfortunately medical insurers are not lawfully required to pay or reimburse you for any costs associated with medical marijuana.

Are doctors who recommend the Nevada Medical Marijuana Program to their patients protected from disciplinary action in Clark County, Nevada?

Yes. The Nevada Board of Medical Examiners cannot take disciplinary action against a physician merely for advising a patient about medical marijuana.

May I share my medical marijuana with other cardholders in the Nevada Medical Marijuana Program?

Yes. If you are registered with the Nevada Medical Marijuana Program, you may share your medical marijuana with other cardholding members of the Nevada Medical Marijuana program as long as no money or other payment is exchanged for it. If you do sell marijuana to other cardholders for money, you can be arrested for the Nevada crime of marijuana sales. (NRS 453A.300)

What if authorities catch me or my designated primary caregiver in possession of medical marijuana and we’re not carrying our Registry Identification Cards?

If you or your designated primary caregiver are found in possession of marijuana but are not carrying your Registry Identification Cards, you might be arrested. However, the case should be dismissed as long as you can show that you’re registered with the Nevada Medical Marijuana Program and you are otherwise in compliance with the law.

Can I get in trouble for being near someone who is legally using medical marijuana?

No. You can’t be prosecuted for constructive possession, conspiracy or related criminal offenses merely for being in the vicinity of a cardholding medical marijuana user. But be careful. If you are at a location where the Las Vegas police seize marijuana or other drugs, they could mistakenly allege that these items belong to you.

May I smoke medical marijuana in public if I’m registered with the Nevada Medical Marijuana Program?

No. If you are registered with the Nevada Medical Marijuana Program, you may not possess or use your medical marijuana in a public space or in public view. (NRS 453A.300)

May I sell my medical marijuana to others if I’m registered with the Nevada Medical Marijuana Program?

No. If you are registered with the Nevada Medical Marijuana Program, you may not sell your medical marijuana to anyone. You may not sell it to other members of the Nevada Medical Marijuana Program either. If you do, you can be arrested for the Nevada crime of marijuana sales. (NRS 453A.300)

What should I do if I lose my Registry Identification Card?

If you’re registered with the Nevada Medical Marijuana Program and you lose your Registry Identification Card, call the Nevada State Health Division at (775) 687-7594 right away.

How can I withdraw from the Nevada Medical Marijuana Program?

If you’re registered with the Nevada Medical Marijuana Program and wish to withdraw, you must mail the Nevada State Health Division the following items:A letter informing them of your wish to withdraw Your Registry Identification Card If you have a designated primary caregiver, his/her Registry Identification Card Use the following mailing address: The Nevada State Health Division 4150 Technology Way, Suite 104 Carson City, Nevada 89706 Once the Nevada State Health Division receives your letter, they will write back a confirmation that you’re no longer registered with the program. It is your responsibility to inform your designated primary caregiver that you’re withdrawing. If you are not on good terms with your designated primary caregiver, you can ask the Nevada State Health Division to write them a letter asking they return their card.