Marijuana Charges in Nevada
Reno Drug Crimes Attorneys – (775) 574-4774
Nevada has recently adopted less restrictive laws regarding marijuana and cannabis. Possessing up to one ounce of marijuana for personal use is no longer considered a crime and can carry no penalties. Many other aspects of marijuana law in the state were also noticeably reduced, but not entirely eliminated. You can still be arrested, charged, and convicted for a wide variety of marijuana crimes in Nevada.
If you are facing marijuana charges in Nevada, Joey Gilbert Law and our Reno criminal defense lawyers can provide the steadfast and focused legal protection you require. We are familiar with misdemeanor and felony charges, the process followed by prosecutors when pursuing such charges, and what to do to construct a sturdy defense.
Come to our law firm when you have been charged with:
- Cultivation or manufacture
- Possession with intent to sell
- Possession of illegal paraphernalia
From the first day of your case, we will put our legal minds together to determine how best to defend you. Our goal is the total dismissal of your charges, sentencing reduction, or a not guilty verdict. Discover how to defend yourself with our services by calling (775) 574-4774 or contacting our firm online.
Marijuana & Cannabis Categorization in Nevada
When speaking of illegal amounts of marijuana, imagery that comes to mind most likely involves ground or cut leaves to use for smoking. The law in Nevada, however, considers multiple parts of the cannabis or marijuana plant to be illegal. If it can be extracted, compounded, or otherwise manipulated to be used for drug use, it is considered marijuana. This is important when considering possession and cultivation charges and the alleged amounts of illegal marijuana on your person or in your property.
Penalties for Nevada Marijuana Charges
Although Nevada has recently reduced and altered many of its statutes regarding marijuana crimes, there is still a significant listing of potential criminal violations. Each charge has its own set of potential consequences and penalties. Understanding the charges filed against you, and the possible criminal punishments, may be the first step in successfully defending yourself from them.
Charges and penalties for marijuana crimes in Nevada are:
- Up to one ounce: No longer a crime – no penalties possible
- More than one ounce: Misdemeanor – $600 fine and no possible incarceration
- Possession or use in public area: Misdemeanor – $600 fine and no possible incarceration
Sale, delivery, or distribution:
- Gifting one ounce for no exchange of goods or services: No longer a crime – no penalties possible
- Gifting up to 1/8 ounce of concentrated marijuana for no exchange of goods or services: No longer a crime – no penalties possible
- More than one ounce but less than 100 pounds: Felony – (First offense) One to four years’ incarceration and up to $5,000 fine; (Second offense) One to five years’ incarceration and up to $10,000 fine; (Third or greater offense) Three to 15 years’ incarceration and up to $20,000 fine
- 100 to 2,000 pounds: Felony – One to five years’ incarceration and up to $25,000 fine
- 2,000 to 10,000 pounds: Felony – Two to 10 years’ incarceration and up to $50,000 fine
- 10,000+ pounds: Felony – Five to life years’ incarceration and up to $200,000 fine
- Any amount to a minor: Felony – Five to life years’ incarceration and up to $20,000 fine
- 12+ plants: Felony – One to four years’ incarceration and up to $5,000 fine
- 100+ plants but less than 2,000 pounds total: Felony – One to five years’ incarceration and up to $25,000 fine
- 2,000+ plants but less than 10,000 pounds total: Felony – Two to 10 years’ incarceration and up to $50,000 fine
- 10,000+ pounds total: Felony – Five to life years’ incarceration and up to $200,000 fine
Hash and other concentrates:
- Up to 3.5 grams: No longer a crime – no penalty possible
- More than 3.5 grams: Charges and penalties largely up to criminal justice system discretion
- Suspect over the age of 21: No longer a crime – no penalty possible
- Sale of paraphernalia to minor under 18: Felony – One to five years’ incarceration and up to $10,000 fine
Driving While Drugged & Federal Statutes
Marijuana use while operating a vehicle in Nevada is strictly prohibited. In many cases, if there is any trace amount of a marijuana metabolite in your blood when you are pulled over, it will likely lead to a marijuana DUI charge. In particular, blood tests may be ordered by the police to calculate how much of the substance’s chemicals are still in your blood, and as little of 2 nanograms of some marijuana strands can be enough to warrant the charges.
It is also worth considering that the federal government still considers marijuana a Schedule I drug due to the Controlled Substances Act. The federal government is also still at odds with states when it comes to regulating medical marijuana. To this end, it is possible that a law-abiding resident in Nevada could run into legal trouble with federal agents regarding marijuana use and possession.
Defending Against Marijuana Crime Charges – Call (775) 574-4774
At Joey Gilbert Law, our Reno marijuana crimes attorneys have been working on defense cases of all sorts for years. We bring our collective experiences and points of view together to come up with personalized defense strategies for all of our clients accused of marijuana crimes. From suppressing evidence that was illegally obtained to arguing that your marijuana supply is for personal medical purposes, there are many avenues we can explore on your behalf, all aimed at clearing your name and having the charges against you dropped.