The penalties for marijuana-related charges are similar to those of other hard drugs. Learn what you can do to defend against marijuana charges.• Read Ross’ Testimonials • View Ross’ Not Guilty Verdicts & Dismissals
One of the most frequent drugs used in Las Vegas is Marijuana. However, despite the popularity of marijuana, the state of Nevada considered it as “hard drugs.” If you have been involved in a marijuana-related charge in Las Vegas, you might face felony offenses. One of the consequences, though, is that your background history will contain criminal records that will prevent for future prospective employment.
Here are an explanation of marijuana charges, its implications, and possible defenses that can help you with your case.
Nevada Revised Stature Section 453.096: Legal Definition of Marijuana
The state of Nevada defined marijuana or cannabis as an illegal substance. Possession and/or sale of marijuana are also considered as illegal. The following are the list of possible charges that you may accuse for:
- Nevada Revised Statute Section 453.336: Simple possession
- Felony possession
- Nevada Revised Statute Section 453.337: Possession for the purpose of Sell
- Nevada Revised Statue Section 453.321: Cultivation or Grow houses
- Nevada Revised Statue Section 453.339: Trafficking of Marijuana
- Medical Marijuana
- Nevada Revised Statue Section 484C.110: Driving under the influence of Marijuana
The Federal Law and Marijuana
Through Controlled Substances Act (21 U.S.C Section 811), the Federal Government prosecutes drug crimes and treats marijuana or cannabis like any controlled substance.
Marijuana is a Schedule I drug, which makes it highly addictive and dangerous. Possession, cultivation, and distribution are considered illegal. The Federal law however, does not recognize medical marijuana and the legitimate users are not protected against federal prosecution.
Marijuana Charges: Defenses
There are different possible arguments that a good criminal defense attorney can use when it comes to marijuana charges that can help you to lessen the charges or even get the case dismissed.
Medical marijuana (Nevada Revised Stature Section 454A.200);
The state laws of Nevada administer medical marijuana which is an exemption on the law of controlled substances. Any person who holds a valid registry identification card is exempted from state prosecution for certain acts relation to possession, production, and delivery of marijuana.
However, the exemption does not apply to:
- Possessing a firearm under the influence of marijuana;
- Possessing marijuana or drug paraphernalia in a public place;
- Operating a vehicle while under the influence of marijuana;
- Delivering marijuana for consideration to any person; and
- Delivering marijuana for no consideration to a person who does not lawfully hold a registry identification card.
Evidences that are illegally obtained
Suppressed evidences would not stand in court, and most of the time gets cases acquitted. This is possible where the search of vehicle, your person, or the property was performed unconstitutionally.
There are times that the prosecution has insufficient evidences for the case to stand in court. Chances like these happen when you are in the area where drug was present and accessible, it would not be clear if the drug belongs to you or someone else.
For driving under the influence of marijuana, please see article about DUI and Marijuana.
Marijuana Charges: Penalties
The following is the set of guidelines for each marijuana crimes:
|STATUTES SECTIONS||POSESSION||CHARGE||INCARCERATION||MAX FINE|
|453.336 4A||< 1oz 1st offense||Misdemeanor||6 months imprisonment||$600|
|453.336 4B||<1 oz 2nd offense||Misdemeanor||6 months imprisonment||$1,000|
|453.336 4C||< 1 oz 3rd offense||Gross Misdemeanor||1 year imprisonment||$2,000|
|453.336 4D||<1 oz 4th offense||Class E Felony||1 to 4 years imprisonment||$5,000|
|SALE OR CULTIVATION||CHARGE||INCARCERATION||MAX FINE|
|<100 LBS 1st offense||FELONY||1 to 6 years||$20,000|
|<100 Lbs 2nd offense||FELONY||2-10 years||$20,000|
|<100 lbs subsequent offense||FELONY||3-15 years||$20,000|
|100 to 2,000 lbs||FELONY||1-5 years||$25,000|
|2,000 to 10,000lbs||FELONY||2-20 years||$50,000|
|>10,000lbs||FELONY||Life, possible parole after 5-15 years||$200,000|
|Sale to a minor 1st offense||FELONY||1-20 years||Variable|
|Sale to a minor 2nd offense||FELONY||Life, possible parole after 5-15 years||variable|
|Within 1,000 ft from school or other specified area||FELONY||Double penalty||Double penalty|
|Paraphernalia possession||Misdemeanor||Up to 6 months||$1,000|
Las Vegas Marijuana Charges Defense Attorney, Ross Goodmam
A highly experienced and skilled Criminal Defense Attorney, Ross Goodman has successfully helped his clients with their marijuana charges. If you have been charged with a drug offense, you can contact attorney Ross Goodman and schedule a free case consultation.
He can ensure that he will do everything and try to negotiate your charges down, or get them dismissed so you can avoid trial.