Marijuana Charges

Marijuana Charges

The penalties for marijuana-related charges are similar to those of other hard drugs. Learn what you can do to defend against marijuana charges.

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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.

Insufficient evidences

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 CHARGES INCARCErATION MAX FINES
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.