Recreational marijuana is legal in Nevada. But possession of large amounts of marijuana, trafficking, and driving under the influence are still illegal and can result in severe penalties.
If you or a loved one faces criminal charges, the Las Vegas marijuana defense lawyers at Oronzo &Ericsson can help. Our experienced and dedicated team of drug crime attorneys knows how to address marijuana charges quickly and effectively. Let us explain your options and fight to protect your record. Call (702) 878-2889 or submit a request for a free consultation.
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Nevada legalized recreational marijuana in 2016, but federal marijuana laws still prohibit cannabis. In NV, adults over 21 can possess and consume up to one ounce of marijuana and up to one-eighth of an ounce of concentrated marijuana for personal use. Adults may also grow up to six plants for personal use.
While Nevada permits small amounts of marijuana, several restrictions and regulations remain. For example, it is illegal to smoke marijuana in public places or operate a vehicle under the influence of marijuana. It is also illegal to sell or traffic large quantities of cannabis. Violating these laws can result in a felony drug conviction. That can mean fines and time in custody.
Here are common Las Vegas marijuana charges that complicate people’s lives:
Possession of more than one ounce of marijuana (NRS 453.336) is considered intent to sell. This is a felony in Nevada, carrying a potential prison sentence and fines of up to $5,000. This charge often applies to individuals caught with large quantities of marijuana, such as during traffic stops or home searches.
If you have 50 pounds or more, marijuana possession is escalated drug trafficking (NRS 453.339). This refers to selling, transporting, or importing marijuana for sale. Escalated drug trafficking is a felony in Nevada. The penalties for marijuana trafficking can range from four years to life in prison and fines of up to $200,000. This offense often applies to individuals caught transporting substantial amounts of marijuana, either across state lines or into Nevada, with the intent to sell or distribute it.
Marijuana cultivation laws (NRS 453D.400) allow adults over 21 to grow up to six marijuana plants for personal use. Regardless, it is illegal to cultivate marijuana without a valid license. You can face serious penalties if caught cultivating more than six plants without a license.
Cultivating between seven and 49 plants without a license can result in a D felony. This carries a potential prison sentence of up to four years and fines of up to $5,000. Cultivating between 50 and 99 plants is a C felony, carrying a possible prison sentence of up to five years and fines of up to $10,000. If caught cultivating 100 plants or more, you can be charged with a B felony. This is punished with up to 20 years and fines of up to $100,000.
Driving under the influence of marijuana is illegal in Nevada (NRS 484C.110). Law enforcement is trained to investigate suspected marijuana DUIs. Penalties for a first offense can include up to six months in jail, fines of up to $1,000, and a 90-day license suspension. For a second offense, penalties can involve up to six years in jail, maximum fines of $2,000, and a one-year suspension.
Unlike alcohol, there is no specific legal limit for marijuana impairment in Nevada. Instead, law enforcement relies on field sobriety tests, evaluations, and blood tests to determine if a driver is impaired by marijuana.
Despite recreational marijuana laws, criminal drug charges still happen in Las Vegas and must be taken seriously. Aside from jail time, fines, and probation, a conviction can result in the loss of certain civil rights, such as the right to own a firearm or hold certain professional licenses. Additionally, a conviction related to marijuana can have long-lasting consequences on your personal and professional life. For example, you may face difficulties finding employment, housing, or educational opportunities.
If you are charged with a marijuana-related crime in Las Vegas, seek legal representation from a marijuana defense attorney who can help protect your rights and your future.
A skilled defense attorney at Oronzo & Ericsson can help you understand your rights. Our team can develop a strong defense to help minimize penalties or get your marijuana charges dismissed.
One of the many benefits of working with a defense lawyer is their ability to investigate the facts and identify weaknesses. For example, if the police conducted an illegal search or seizure, our defense lawyers can file a motion to suppress. Doing so can significantly weaken the case against you.
Additionally, an attorney with a background in marijuana cases can negotiate a plea to try and reduce charges or penalties. We may be able to negotiate a plea that reduces a felony to a misdemeanor, greatly reducing the negative impact you’ll face.
Lastly, our marijuana defense attorneys can provide guidance to help you stay informed and empowered. Facing criminal charges can be a stressful and overwhelming experience. With a knowledgeable attorney, you can feel more confident and in control.
It’s possible to have certain low-level marijuana convictions sealed. However, felony marijuana charges, such as trafficking or cultivation, are ineligible for expungement under current laws.
Defenses in a felony marijuana case can vary depending on the specific circumstances. Your defense could include challenging the legality of the search, disputing your intent, or challenging the accuracy of evidence. For instance, suppose you can show you had no intent to sell or distribute marijuana in Nevada. In that case, you may be able to argue that the marijuana trafficking charges are unjustified.
Recreational marijuana in Nevada can only be consumed in a private residence or licensed lounge. As such, it is illegal to possess or use marijuana in a casino, hotel room, or other locations. Many casinos and hotels have their own policies regarding marijuana. Violating these rules can result in the police being called.
At Oronoz & Ericsson, we understand the complexities of marijuana laws in Nevada and are committed to providing the best possible legal representation. If you’re facing charges related to a felony or federal marijuana crime, whether it’s possession, cultivation, trafficking, or marijuana DUI, we can help. Our experienced attorneys can guide you, explain your options, and work to achieve the best possible outcome.
Contact us today at (702) 878-2889 or online to schedule a free consultation to learn more.