The State of Nevada has legalized the recreational use of marijuana in small quantities by adults ages 21 and older. But individuals may still face criminal prosecution for using marijuana in public or for possession or sale of larger quantities of marijuana.
Being arrested and charged with a cannabis-related offense can disrupt your life. But keep in mind that being charged with a drug crime is not the same as being convicted. Any felony or misdemeanor pot charge should be taken seriously, and legal counsel should be sought. You should seek help from an experienced Las Vegas criminal defense attorney.
The skilled Las Vegas marijuana criminal defense attorneys at Adras & Altig, Attorneys at Law, have more than 30 years of combined experience defending residents and visitors from drug charges. Our attorneys understand all aspects of Nevada marijuana law.
If you are a first-time offender, we will work with you to determine whether a drug diversion program is necessary in order to get the charges reduced or dismissed. We are committed to the principle that no one’s life should be derailed by a momentary lapse in judgment or one-time mistake. We care about our client’s future. We work aggressively to find solutions to charges that serve the best interests of our clients.
We can certainly work with you to solve your legal problem in the short term, but with our holistic approach to handling marijuana possession and drug crime cases, we want to work with you to help you get the best possible long-term results.
Speak with a knowledgeable Las Vegas marijuana possession lawyer to find out how we can help. Call Adras & Altig, Attorneys at Law today.
Pot Possession Charges in Las Vegas
Adults over the age of 21 may possess up to 1 ounce of marijuana or 3.5 grams of marijuana concentrate for recreational use on private property in Las Vegas and throughout Nevada.
However it is still illegal to consume marijuana anywhere except at a private residence.
Adults also may possess and use cannabis paraphernalia without penalty.
Possession, display, or use of marijuana on public property such as Las Vegas parks, sidewalks, hotel rooms, or along the Strip is a criminal misdemeanor carrying a fine of up to $600 upon conviction. You risk possession charges in Las Vegas if you smoke marijuana in public. Nevada law defines marijuana as all parts of the Cannabis plant, including the seeds, resin, and compounds derived from the resin or seeds.
If you possess more than 1 ounce of marijuana for personal use, you may be charged with a felony of possession of a Schedule 1 hallucinogenic substance, as defined by the Nevada Revised Statutes Chapter 453.
It is illegal for individuals to grow marijuana in Nevada unless they reside more than 25 miles from a registered marijuana dispensary. If you do reside more than 25 miles from a dispensary you may grow up to six marijuana plants and possess the harvest from the plants. A household may not cultivate more than 12 marijuana plants in total. Conviction of a first offense of cultivating marijuana within 25 miles of a licensed dispensary includes a misdemeanor fine of $600.
Driving While Impaired by Cannabis
While Nevada has legalized the possession and recreational use of small quantities of marijuana by adults 21 and older, Nevada law makes it illegal to operate a motor vehicle while impaired by cannabis.
Nevada law declares that an individual is under the influence of marijuana if chemical tests show the person has certain levels of a prohibited substance in the blood or urine:
- Marijuana – 2 nanograms per milliliter
- Marijuana metabolite —5 nanograms per milliliter
The permitted recreational use of pot is not a valid defense to a charge of driving under the influence of drugs.
If you have been stopped and charged with driving while impaired by marijuana in Las Vegas, read about how Adras & Altig can help you deal with a charge of Driving Under the Influence of Drugs. You do not want that charge on your driving record if you can help it.
Sale and Distribution of Marijuana in Nevada
Nevada marijuana law draws a distinction between the possession of small amounts of pot for personal use and the possession of larger quantities of marijuana for illegal sale or delivery. Only registered marijuana dispensaries are permitted to sell marijuana in Clark County and throughout Nevada. Possession of larger quantities of pot for sale on the black market carries potentially serious felony charges.
The unauthorized sale or delivery of more than 1 ounce of up to 100 pounds of marijuana is a felony, carrying a mandatory minimum sentence of one year to four years in prison and a $5,000 fine for a first-time offender. Subsequent convictions for the sale of more than 1 ounce up to 100 pounds carry longer potential prison sentences and higher fines of $10,000 to $20,000.
According to Nevada Revised Statutes:
- A person who manufactures, sells, or brings into the state quantities of pots of more than 100 pounds up to 2,000 pounds faces a felony charge with a fine of up to $25,000.
- A person who sells or manufactures 2,000 pounds up to 10,000 pounds of marijuana faces imprisonment of two years to 10 years in prison and a fine of up to $50,000.
- The sale or distribution of more than 10,000 pounds of marijuana is a felony carrying a sentence of life in prison with the possibility of parole after serving five years.
- Selling pot to a minor also is a felony carrying a sentence of five years to life in prison.
If you are facing charges of manufacture or distribution of marijuana in Nevada, your freedom and future may be in jeopardy if you fail to obtain legal counsel. You need an aggressive defense attorney committed to defending your liberty and seeking the outcome that is least intrusive into your life.
Facing Marijuana Charges in Las Vegas? Contact Our Marijuana Possession Lawyers Today
If you have been arrested on misdemeanor or felony marijuana charges in Las Vegas or elsewhere in Nevada, you should contact a qualified marijuana possession lawyer as soon as possible. You should not try to represent yourself and hope that the prosecutor will go easy on you. Our knowledgeable drug crime defense attorneys will evaluate the facts surrounding your arrest. We will analyze whether the arresting officer followed the proper protocols in charging you and then structure the most effective defense strategy.
We respect our clients and provide personalized legal representation. If you call with questions about your case and we are in court, we will try to respond by the close of business when possible. Call us to use our online contact form to schedule a free consultation with Adras & Altig, Attorneys at Law. Let us review how we can assist you.
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At Adras & Altig, we believe that every client we work with deserves a fresh start. Our dedicated Las Vegas criminal defense attorneys take the time to get to know you so we can understand the circumstances surrounding your arrest.