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Nevada Marijuana Laws
Nevada has decriminalized many marijuana violations in regards to possession, but the state actively seeks much harsher criminal punishment for those individuals involved in the growth, cultivation, sale, or distribution of the drug. Every year, more than 5,000 arrests occur in the state for violating marijuana laws, according to the Department of Justice. Additionally, around 6,500 pounds of marijuana are grown in Nevada annually with a street value of up to $44 million dollars, DEA estimates show.
Medical Marijuana Users
65% of the voters in Nevada voted to decriminalize medical marijuana in the state in November of 2000. This allows for users and/or their caregivers to cultivate and possess a small set amount of marijuana for medicinal purposes. Users must have written documentation from a physician stating that they have a medical condition that could be treated in some form with the use of medicinal marijuana.
Non-Medical Users:
Nevada has largely decriminalized small amounts of marijuana usage especially for first and second time offenders. The state has also set up rehabilitation and treatment programs for those offenders as a means of alternative sentencing to jail. The state has also enacted tax stamp laws, which have a $250 annual registration fee and a $100 per gram rate.
Penalties for Marijuana Use and Possession Nevada:
|
Possession of less than 1 oz, first offense, over age 21 |
Misdemeanor |
Penalties include rehab/treatment and a $600 fine |
|
Possession of less than 1 oz, second offense, over age 21 |
Misdemeanor |
Penalties include rehab/treatment and a $1,000 fine |
|
Possession of less than 1 oz, third offense, over age 21 |
Gross misdemeanor |
Penalties include up to 1 year of jail time and fines of up to $2,000 |
|
Possession of less than 1 oz, fourth offense, over age 21 |
Class E felony |
Penalties include 1-4 years in jail and fines of up to $5000 |
|
Possession of less than 1 oz, first & second offense, under age 21 |
Class E felony |
Penalties include 1-4 years in jail and fines of up to $5000 |
|
Possession of less than 1 oz, third & fourth offense, under age 21 |
Class E felony |
Penalties include 1-4 years in jail and fines of up to $5000 |
Penalties for Growing, Selling and Trafficking Marijuana:
Sale or Cultivation:
|
100 pounds or less, first offense |
Felony |
Penalties include 1-6 years in jail and a $20,000 fine |
|
100 pounds or less, first offense |
Felony |
Penalties include 2-10 years in jail and a $20,000 fine |
|
100 pounds or less, first offense |
Felony |
Penalties include 3-15 years in prison and a $20,000 fine |
|
100-2,000 pounds |
Felony |
Penalties include 5 years in jail and a $25,000 fine |
|
2,000 to 10,000 pounds |
Felony |
Penalties include 2-20 years in prison and $50,000 |
|
Over 10,000 pounds |
Felony |
Penalties include life in jail and a $200,000 fine |
|
Selling to a minor, first offense |
Felony |
Penalties include 1-20 years in jail and a variable fine |
|
Selling to a minor, second offense |
Felony |
Penalties include life in jail and a variable fine |
|
1,000 feet or less from a school or specified area |
Felony |
Double Penalty |
Miscellaneous:
|
Possession of Paraphernalia |
Misdemeanor |
Penalties include up to 6 months in jail and a $1,000 fine |
|
Sale of Paraphernalia |
Felony |
Penalties include 1-4 years in jail and a $5,000 fine |
Penalties for Driving Under the Influence of Marijuana (DUID)
Nevada operates a per se drugged driving program for those caught driving under the influence of marijuana. Nevada law states that any driver with a detectable amount of THC in the blood above 2 ng/ml, or detectable level of THC-COOH in the urine above 15 ng/ml, is guilty of a DUID.
Legal Help with a Marijuana Offense
If you have been charged with a marijuana-related offense in Nevada, you should seek a marijuana attorney. Nevada has many options in place for those accused of marijuana charges, and a seasoned marijuana attorney is well versed in all of them and can guide you through the process to ensure your rights are met and you receive the best judgment possible, be it a plea bargain or even dismissal.