Marijuana Charges. Laws. Penalties. Defenses.


Understanding Possession of Marijuana Charges

Marijuana Charges. Laws. Penalties. Defenses.

Possession of marijuana is illegal in Nevada unless prescribed and used for medical purposes.

The federal government has not legalized marijuana, and there is a gap today between the state law and federal law. This gap eventually will be closed, but, today in Nevada marijuana is illegal under federal law and state law. if you are arrested for possession of marijuana you are facing very serious penalties and you need to contact a good criminal defense attorney immediately to defend your case.

Criminal defense attorney Parviz Heshmati represented many Las Vegas residents and tourists, including international visitors charged with illegal possession of marijuana, drug paraphernalia and/or drug distribution. Call 702-432-1000 to schedule an appointment to discuss your case and learn what defenses are available to you.

What is Marijuana? Definition

Marijuana is the most commonly used illegal drug in the United States. Marijuana refers to the dried leaves, flowers, stems, and seeds from the hemp plant, Cannabis sativa. The plant contains the mind-altering chemical delta-9-tetrahydrocannabinol (THC) and other related compounds.

Nevada State Law for Medical Marijuana

In Nevada marijuana is allowed for medical use. Read our articles “Medical Marijuana Laws” and “How to Apply for a Medical Marijuana Card in Las Vegas” to learn more about current Nevada Law for Medical Marijuana.

Marijuana Possession Laws in Nevada

NRS 453.005 covers Nevada Laws for illegal possession of marijuana.

If the marijuana is found on a person, in a car, in a backpack that belong to you, in your storage locker, in or around your home, or in any other place that you have control or dominion over, the prosecution will argue that you were in possession of marijuana.

Driving Under the Influence of Marijuana

If you were driving under the influence of marijuana, you have committed the crime of DUI. The metabolite, leftovers of THC may stay in a person’s system up to 30 days. Read our article Drugged Driving – Marijuana DUI and learn about laws, penalties and defenses that are available for DUID (Driving Under the Influence of Drugs) cases.

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Marijuana Charges: Drug Weight

There are 2 categories of drug weight that prosecutors use for marijuana:

Classification Weight
Group 1 Less than 1 ounce
Group 2 More than 1 ounce

Marijuana Charges: Drug Schedule

The Drug Enforcement Administration organized all illegal drugs into five groups or Schedules I - V.

Marijuana drug, also known with a street name of "Grass", "Pot", "Weed","Dope","Mary Jane", "Hooch", "Hash", or "Joints", belongs to the Schedule I and has a high potential for abuse.

Marijuana Charges: Classifications + Escalating Penalties

If you got caught with illegal possession of marijuana less than 1 once, you get a misdemeanor penalty, but the penalty stays on your record. After that things get much more serious.

If you got caught with illegal possession of marijuana less than 1 once, you get a misdemeanor penalty, but the penalty stays on your record. After that things get much more serious.

Classification of Felony Sentence
1st Offense Misdemeanor Fine up to $600 or Assigned to a Drug Rehabilitation Program
2nd Offense Misdemeanor Fine up to $1,000 or Assigned to a Drug Rehabilitation Program
3rd Offense Gross Misdemeanor Fine up to $2,000 or Sentence to a Clark County Jail up to 1 year or Both
4th Offense Category E Felony Fine up to $5,000 and 1-4 years in Nevada State Prison

Defenses for Marijuana Possession

The defenses that attorneys use largely depend on the details of your arrest, your criminal history and many other factors. Here are a few defense strategies:

  • Chain Custody Defense
  • Legality of the arrest or police stop
  • Week witnesses

Nevada Drug Court

The Drug Court programs are offered to non-violent offenders who have a serious addiction of substances or to those adults whose addiction puts at risk their ability to care for their children. It is a one-year outpatient treatment program that needs to be attended regularly and include the scheduled court appearances before the Drug Court judge.

Call the office of Heshmati & Associates at 702-432-1000 to speak with a criminal defense attorney about your alleged marijuana offense and to find out if you are eligible to this program.

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How Criminal Defense Attorney Can Help

There are many effective strategies that are available to defend marijuana charges. The circumstances of every arrest can be very different and you need to hire a good Las Vegas criminal defense attorney to protect your rights. Often your marijuana charges can be reduced or even dismissed altogether.

Call at 702-432-1000 or schedule an appointment by filling out an online form on this page.

The Law Offices of Heshmati & Associates work with clients in Las Vegas, North Las Vegas, Henderson, Laughlin, Mesquite, and surrounding areas.

Initial consultation is always free and confidential.

Additional Resources: Marijuana Charges in Las Vegas

Clark County Drug Courts. The goal of the program is to provide a positive alternative to incarceration that will rehabilitate the individuals. Available for adults and juveniles.

After Legalization of Marijuana in Colorado. Arrests in Colorado for the possession, cultivation and distribution of marijuana dropped 95 percent since Colorade voters legalized recreational use.

Every Minute Someone Gets Arrested for Marijuana Possession in the US. Marijuana Arrests are Record High. A number of states are planning to put marijuana legalization on the ballot in 2016. One of these states is Nevada.

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Phone: 702-432-1000

Fax: 702-446-6776

Heshmati & Associates
515 S. 7th Street
Las Vegas, NV 89101-6903

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