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Attorney Chandon S. Alexander is a Las Vegas lawyer who is an active member of the National Trial Lawyers Association and has been recognized as one of the Top 10 Attorneys under 40. He is a member of the Clark County Bar Association, American Bar Association, and the Nevada Justice Association.
The manner in which marijuana charges in Las Vegas and throughout the country are handled has altered considerably over the past few years. Some cities have decriminalized small amounts of marijuana, while others have made it entirely legal. Nevada has authorized the medical use of marijuana for certain patients, among other things.
However, any person accused of possessing, trafficking, selling, or cultivating marijuana in Nevada may be charged with severe criminal penalties regardless of whether or not he has a valid registration certification. Marijuana is still a Schedule I drug under federal law and must be handled carefully. If you’re facing marijuana charges in Las Vegas, Clark County, or Nevada, contact our drug defense attorney at The Spartacus Law Firm for a free consultation.
The Nevada Uniform Controlled Substances Act defines marijuana in Nevada Revised Statute Section 453.096 as follows: “Marijuana” refers to all parts of any plant of the genus Cannabis, whether growing or not, including the seeds and resin extracted from any part of the plant. It also includes extracts from the plant, such as oil, hashish and kief.
The mature stems of the plant, fiber extracted from the stems, oil or cake manufactured from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of mature stems (except resin extracted therefrom), fiber, oil or cake (including sterilized seed which is unable to germinate), and any other component that is found in marijuana but not listed above are included.
Possession of marijuana with the intent to distribute is a crime in Nevada. If a person has a large quantity of marijuana on his or her person, he or she may be charged with possession with the intent to distribute. Officers might use various methods to show proof of intent to sell, including scales, bags, and huge sums of money.
Possession with the intent to sell a Schedule I substance in Nevada might be a Category D felony, depending on the circumstances. This may result in between one and four years in jail and $5,000 in fines for a first offense. A second conviction could result in a sentence of up to five years and up to $10,000 in fines. A third or additional conviction can result in a sentence of three to 15 years imprisonment and fines ranging from $20,000 each.
The use of marijuana for medical purposes is now legal in 20 different states, including Nevada. AIDS, cachexia, cancer, glaucoma, post-traumatic stress disorder (PTSD), persistent muscular spasms or seizures, severe nausea or pain, and other illnesses may be addressed by the program. A registry card is only valid for one year and would be renewed unless the holder moves out of state or loses his or her qualifying status. A person who is licensed on a registry card may possess up to two and one-half ounces of usable marijuana in any one 14-day period, as long as he or she does so without exceeding the legal limit. According to Nevada Revised Statute 453A.200, such a person could legally own up to 12 marijuana plants at any time if they were not yet mature.
If a card has been granted, the individual is limited to that amount. According to state law, doing so may result in criminal charges and having a medical marijuana card are not an acceptable defense against such allegations. The holder of the card might choose a designated primary caregiver. A caregiver who is not a qualifying patient would be able to legally assist the cardholder in administering medical marijuana. If the caretaker is sick or lacks transportation, they might be allowed to travel to a dispensary for the cardholder.
Even if a person has a medical marijuana card and uses marijuana for medicinal purposes, he or she may be arrested for driving under the influence of marijuana. If someone with a medical marijuana card is in actual physical control of a car or vessel while under the influence of marijuana, he or she is not considered exempt from state prosecution according to Nevada Revised Statute 453A.300.
Driving under the influence is a very serious crime in Nevada that may result in DUI charges. The person would have been intoxicated by alcohol, just as if he or she had been charged with this offense. If no aggravating factors are present, a first or second offense might be classified as a misdemeanor. Third-time offenders may be charged with felony penalties.
Your Las Vegas marijuana possession lawyer will be aware of the recent and changing laws surrounding medical marijuana, which is a developing field of law that an experienced criminal defense attorney will monitor. A medical marijuana card protects you from being arrested if you are caught with small amounts of cannabis or cultivated it yourself.
A marijuana identification card does not guarantee that you are free from prosecution for any drug offense. You can still face charges of selling cannabis, intending to sell it, and driving while under the influence of marijuana. Furthermore, despite the fact that medical patients using marijuana is legal in most states, it is still against federal law (much like alcohol or tobacco), and even for medicinal purposes.
Actual, constructive, and joint possession are all defined under Nevada law. These three are explained in more detail below:
The location of the marijuana is critical to Nevada law enforcement in determining whether or not to arrest someone for marijuana possession. If cops discover marijuana on the body, car, home, work desk, or any other place where the suspect has control, they may swiftly reach the conclusion that a person is carrying marijuana.