MISDEMEANOR MARIJUANA, DRUG PARAPHERNALIA AND RELATED OFFENSES

Reno Administrative Code tit. 8, ch. 8.17

in effect

Reno Administrative Code § 8.17.010 "Drug paraphernalia" defined.

Sec. 8.17.010. - "Drug paraphernalia" defined. As used in RMC 8.17.020, 8.17.030, and 8.17.090, unless the context otherwise requires: Drug paraphernalia means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into a human body a controlled substance in violation of Chapter 453 of Nevada Revised Statutes. The term includes, but is not limited to: (1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant, which is a controlled substance or from which a controlled substance can be derived; (2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing or preparing controlled substances; (3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance; (4) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of controlled substances; (5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances; (6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances; (7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marihuana; (8) Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or designed for use in compounding controlled substances; (9) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances; (10) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances; and (11) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the human body, such as: a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; b. Water pipes; c. Smoking masks; d. Roach clips, which are objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand; e. Cocaine spoons and cocaine vials; f. Carburetor pipes and carburetion tubes and devices; g. Chamber pipes; h. Electric pipes; i. Air-driven pipes; j. Chillums; k. Bongs; and l. Ice pipes or chillers. (Ord. No. 4063, § 1, 3-12-91; Ord. No. 6351, § 1, 10-22-14)

Reno Administrative Code § 8.17.020 Factors for identifying object as item of drug paraphernalia.

Sec. 8.17.020. - Factors for identifying object as item of drug paraphernalia. In determining whether an object is an item of drug paraphernalia, a court or other authority, as the case may be, shall consider, in addition to all other logically relevant factors, the following: (1) Statements by an owner or by anyone in control of the object concerning its use; (2) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance; (3) The proximity of the object, in time and space, to a direct violation of Chapter 453 of Nevada Revised Statutes; (4) The proximity of the object to controlled substances; (5) The existence of any residue of controlled substances on the object; (6) Direct or circumstantial evidence of the intent of any owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of Chapter 453 of Nevada Revised Statutes; (7) Instructions, oral or written, provided with the object concerning its use; (8) Descriptive materials accompanying the object which explain or depict its use; (9) National and local advertising concerning its use; (10) The manner in which the object is displayed for sale; (11) Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise; and (12) Expert testimony concerning its use. The innocence of an owner or of anyone in control of the object as to a direct violation of Chapter 453 of Nevada Revised Statutes does not prevent a finding that the object is intended for use or designed for use of an item of drug paraphernalia. (Ord. No. 4063, § 1, 3-12-91)

Reno Administrative Code § 8.17.030 Prohibitions: Unlawful use or possession.

Sec. 8.17.030. - Prohibitions: Unlawful use or possession. It is unlawful for any person to use, or possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of Chapter 453 of Nevada Revised Statutes, unless the person is exempt from state prosecution pursuant to NRS 453A.200, and the use or possession is in compliance with NRS 453A, which is entitled "Medical Use of Marijuana." (Ord. No. 4063, § 1, 3-12-91; Ord. No. 6351, § 2, 10-22-14)

Reno Administrative Code § 8.17.040 Unlawful acts relating to imitation controlled substances.

Sec. 8.17.040. - Unlawful acts relating to imitation controlled substances. (a) For purposes of this section, imitation controlled substance means a substance, not a controlled substance, which: (1) In the form distributed, is shaped, marked, packaged or colored so as to lead a reasonable person to believe it is a controlled substance; or (2) Is represented to be a controlled substance. In determining whether such a representation was made, the court shall consider, in addition to all other logically relevant factors: a. Statements made by the defendant regarding the nature of the substance, its quality, its use or its effect. b. Statements made by the defendant regarding the recipient's ability to resell the substance at a substantially higher price than is customary for the substance. c. Whether the substance is packaged in a manner normally used for illicit controlled substances. (b) It shall be unlawful for any person to manufacture, distribute, sell or possess, with the intent to distribute or sell, an imitation controlled substance. (c) It shall be unlawful for any person to offer or agree to purchase an imitation controlled substance, believing the same to be real. (Ord. No. 5494, § 2, 9-10-03)

Reno Administrative Code § 8.17.050 Unlawful possession of marijuana

Sec. 8.17.050. - Unlawful possession of marijuana It is unlawful, within the City of Reno, for any person to knowingly or intentionally possess one (1) ounce or less of marijuana, as that term is defined in NRS 453.096, unless the person is exempt from state prosecution pursuant to NRS 453A.200 and it is lawfully possessed in compliance with the provisions of NRS Chapter 453A, which is entitled "Medical Use of Marijuana," or except as otherwise authorized by the provisions in NRS 453.005 to 453.552, inclusive. (Ord. No. 6025, § 1, 5-28-08; Ord. No. 6351, § 3, 10-22-14)

Reno Administrative Code § 8.17.060 Penalty for unlawful possession of marijuana.

Sec. 8.17.060. - Penalty for unlawful possession of marijuana. Unless a greater penalty is provided in NRS Chapter 453, a person who violates the provisions of RMC 8.17.050 is guilty of a misdemeanor and upon conviction shall be punished: (1) For a first offense: (a) By a fine of not more than $600.00; or (b) Shall be examined by an approved facility for the treatment of abuse of drugs to determine whether he is a drug addict and is likely to be rehabilitated through treatment and, if the examination reveals that he is a drug addict and is likely to be rehabilitated through treatment, assigned to a program of treatment and rehabilitation pursuant to NRS 453.580. (2) For a second offense: (a) By a fine of not more than $1,000.00; or (b) Shall be assigned to a program of treatment and rehabilitation pursuant to NRS 453.580. (Ord. No. 6025, § 1, 5-28-08)

Reno Administrative Code § 8.17.070 Distribution of fines collected for drug offenses.

Sec. 8.17.070. - Distribution of fines collected for drug offenses. Money collected from fines imposed for violating this chapter shall be remitted monthly to the City of Reno Finance Director, or his designee, and shall be placed in a restricted account. Funds in the account may only be distributed when requested by the Reno Municipal Court and must be evenly allocated by the City of Reno among: (1) Nonprofit programs for the treatment of abuse of alcohol or drugs that are certified by the Health Division of the Nevada Department of Human Resources; (2) A program of treatment and rehabilitation established by a court pursuant to NRS 453.580, if any; and (3) Local law enforcement agencies, in a manner determined by the Reno Municipal Court. (Ord. No. 6025, § 1, 5-28-08; Ord. No. 6351, § 4, 10-22-14)

Reno Administrative Code § 8.17.080 No public ingestion or consumption.

Sec. 8.17.080. - No public ingestion or consumption. It is unlawful for any person to engage or assist in the medical use of marijuana on the property or premises of a medical marijuana establishment, in any public place, or in any place open to the public or exposed to public view. (Ord. No. 6351, § 5, 10-22-14)

Reno Administrative Code § 8.17.090 Loitering.

Sec. 8.17.090. - Loitering. It is unlawful for any person to loiter in, about, or within 20 feet of the property line of any medical marijuana establishment with the intent to purchase, sell, solicit or distribute marijuana or drug paraphernalia, unless the person is authorized to be on the premises of the medical marijuana establishment pursuant to NRS 453A and the regulations adopted related thereto, and is acting in accordance with the provisions of NRS 453A and the regulations adopted related thereto. This intent may be evidenced by acting in a manner and under circumstances which openly demonstrate the purpose of buying, selling, soliciting, or distributing marijuana or drug paraphernalia by any person who is not exempt from state prosecution pursuant to NRS 453A.200, or in a manner not authorized by NRS 453A. (Ord. No. 6351, § 5, 10-22-14)

Reno Administrative Code § 8.17.100 Penalty and punishment.

Sec. 8.17.100. - Penalty and punishment. Unless a greater penalty is provided in NRS Chapter 453, a person who violates the provisions of Section 5.21.011, 8.17.030, 8.17.040, 8.17.080, or 8.17.090 of the Reno Municipal Code is guilty of a misdemeanor punishable by a fine of not more than $1,000.00 or imprisonment in a county jail for not more than six months, or by both fine and imprisonment, unless a statute in force at the time of commission of such misdemeanor prescribes a different penalty. (Ord. No. 6351, § 5, 10-22-14)

Reno Administrative Code § 8.17.110 Affirmative defenses for medical marijuana.

Sec. 8.17.110. - Affirmative defenses for medical marijuana. A person charged with a crime pursuant to RMC 8.170.030 or 8.170.050 may assert an affirmative defense to such charges to the extent allowed and in the manner as set forth in NRS 453A.310. (Ord. No. 6351, § 5, 10-22-14)

Source: City of Reno, Nevada, Administrative Code, City Charter and Annexation and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/nv/reno/codes/administrative_code?nodeId=PT2READCO_TIT8PUPESAMO_CH8.17MIMADRPAREOFFetched: 11/1/2026