Marijuana Charges in Las Vegas. Laws. Penalties.
Understanding the possession of marijuana charges
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 state law and federal law. This gap eventually will be closed, but today, cannabis is illegal under federal law, and under the state law possession of marijuana, over one ounce is illegal too. If you are arrested for possession of marijuana, you are facing severe penalties, and you need to contact an excellent criminal defense attorney immediately to defend your case.
Criminal defense attorney Parviz Heshmati represented many Las Vegas residents and tourists charged with illegal possession of marijuana, drug paraphernalia, and 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.
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 belongs 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.
Recreational marijuana
Effective January 1, 2024, adults age 21 and older may purchase up to 2.5 ounces of cannabis flower and/or up to one-quarter of an ounce of concentrates from licensed retailers. A cannabis establishment that is not a cannabis consumption lounge shall not allow any person to consume cannabis on the property or premises of the establishment. For more information, check Senate Bill 277.
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 for 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.
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 ounce, 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 one ounce, 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 |
Nevada Drug Court
The Drug Court programs are offered to non-violent offenders who have a serious addiction to 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 includes 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 for this program.
We can help
Many strategies exist to defend marijuana charges. The defenses that attorneys use largely depend on the details of your arrest, your criminal history, and many other factors. 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, Summerlin, Mesquite, and Clark County.
The initial consultation is always free and confidential.
Payment plans are available.
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.
