Nevada Lifts Foster Care Ban for Past Marijuana Offenses

Nevada Allows Individuals With Past Marijuana Convictions to Become Foster Parents

In a major step toward reform and inclusion, Nevada Governor Joe Lombardo has signed Assembly Bill 107 into law, allowing individuals with prior low-level marijuana convictions to be eligible to serve as foster parents.

Previously, anyone with a drug-related conviction—state or federal—was automatically disqualified from fostering children in Nevada. The new law creates a meaningful exception for those with marijuana possession convictions, provided the offense did not occur within the past five years.

The bill received overwhelming bipartisan support, passing unanimously in the Nevada Assembly and by a 19-2 vote in the Senate. Governor Lombardo signed the bill last Thursday, and it took effect immediately upon his signature.

Paul Armentano, Deputy Director of NORML, applauded the decision:

“Nevada’s longstanding foster care ban no longer aligned with public attitudes toward marijuana, nor did it align with the marijuana laws of Nevada or the surrounding states that regulate its use. As cannabis laws change, it is imperative that lawmakers continue to target and amend these ‘holdover’ policies so that consumers no longer face discrimination for behaviors that are state-legal.”

Nevada has been at the forefront of cannabis reform since voters legalized adult-use marijuana in 2016. This new law continues that trajectory by ensuring that outdated drug policies no longer block qualified, caring individuals from providing foster care—especially when the convictions in question stem from activities now considered legal.