702-623-6362 
The sealed bag of cannabis on the back seat of a rental car poses different questions for police than does a joint that was smoked on the Strip. The questions for police about the bag of cannabis on the back seat of a rental car would center on who knew about the bag and who had control over the bag of cannabis. The questions about the joint smoked on the Strip would center on where the individual smoked the cannabis.
The messages exchanged prior to, during, and after a sale of cannabis may be more important than the cannabis that was seized in a sales investigation.
Las Vegas defense attorney Nick Wooldridge represents people facing marijuana citations, possession charges, cultivation allegations, and more serious cannabis cases in Clark County.
If you have paperwork, keep it handy when you call (702) 623-6362 or request a free consultation. The statute listed and the court date are good places to start.
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Look for the statute or ordinance number on the citation, complaint, or indictment. A public-use citation and a felony trafficking complaint can both involve cannabis, but they call for different questions about what happened and what the prosecution must prove.
| What happened | Possible charge | What the defense checks first |
|---|---|---|
| An officer says you smoked on a sidewalk or consumed cannabis in a vehicle. | Public or vehicle consumption citation | What did the officer actually observe, and where did it happen? |
| Cannabis was found in your bag or in a car several people used. | Unlawful marijuana possession | Who knew about it, who controlled it, and did the adult-use exemption apply? |
| Police point to messages, cash, or separately packaged cannabis. | Possession with intent to sell or an alleged unlawful sale | Is there evidence of a sale or intent to sell, and whom does it identify? |
| Police found cannabis plants at a home or on another property. | Unlawful cannabis cultivation | How many plants were there, who controlled the grow, and was it authorized? |
| Police seized a quantity they say meets Nevada’s trafficking threshold. | Marijuana or concentrated cannabis trafficking | Did the lab identify and weigh the materials separately, and can the state prove knowing possession or other charged conduct? |
| An officer alleges that cannabis affected your driving. | Marijuana DUI | What do the video, driving observations, and toxicology show under the law that applies to the charge? |
The prosecution must establish that there was an intent to distribute in order to make a finding of “possession for sale” (NRS 453.339). A trafficking charge may be brought against you if the state can demonstrate that you were aware of and intentionally possessed at least the statutory minimum weight of the drug.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
The initial minimum weight is 50 pounds of marijuana or 1 pound of concentrated cannabis, with separate minimum weights calculated for each drug, when both drugs are seized.
For those adults 21 and older who qualify for Nevada’s adult-use exemption, up to 2.5 ounces of usable cannabis or one-quarter ounce of concentrate may be possessed. When mixed products and/or edibles are involved, then the applicable limits must be examined on a case-by-case basis. NRS 453.336, the state’s unlawful-possession statute, contains its own set of penalties, which must be read in tandem with the adult-use exemption.
The consumption of cannabis in a public place or in a vehicle is a misdemeanor with a maximum fine of $600. There are various exceptions to this statute and regulations as well as consumption lounges that are licensed to consume cannabis. A legal purchase of cannabis at a dispensary does not mean that the cannabis was consumed at the dispensary.
For eligible adult-use growers, Nevada generally limits home cultivation to six plants per person and 12 per residence. The plants must be secured and out of public view. Nevada generally prohibits home growing within 25 miles of a licensed adult-use cannabis retailer. The details of a larger grow or alleged processing operation may also bring NRS 453.3393 into play.
The Nevada medical cannabis law provides protection for certain activities that fall under the scope of the patient’s authorization. Keep your registration card or other qualifying documents on hand for review. A separate analysis will be needed for any charges involving federal property or a federal investigation. The Nevada adult-use exemption applies to state prosecutions only. The federal government uses their own set of laws regarding distribution and possession with intent to distribute.
When I initially met with Mr. Wooldridge, he took the opportunity to sit and go over my problem with me. He described details in my case which he found disturbing and explained why he I should have him on my side.
See our federal drug defense page if a federal agency is involved.
The arrest report may contain a single sentence stating where cannabis was found. It can take some time to establish the sequence of events leading up to the search. This includes why the officer stopped the person, when the officer asked to search the person, what the person said in response, whether the officer went beyond the scope of any consent that may have been given or any warrant that may have been issued.
Such information can be found in bodycam footage and dispatch records, among other sources. If a search was conducted unlawfully, the evidence may be excluded by the court.
This scenario would involve three individuals, renting a single car. A bag is discovered in the vehicle, on the floor board. The rental contract might establish who the “driver” was, but there are other factors (the keys, where each person sat, the number of bags, etc.) that will provide a better picture. The prosecution is required to establish “knowing possession“. Evidence that another individual owned the cannabis can be probative, and the defense will also examine which individual had control of the cannabis.
This means that the lab report can list the items that were analyzed, what chemicals were found in them, and the weight of the chemicals. These numbers can be compared to the seizure records to determine which numbers support the charged amount. All of the receipts, labels, photos of the packages, and records of who handled the evidence can be used to prove what was seized.
The solitary statement regarding a meeting between two individuals is viewed differently when the prior conversation or record of payment is considered. When police utilize cash, a scale, and/or multiple packages as part of their investigation, we seek evidence that connects those items to the alleged transaction and to the individual being charged. Nevada allows certain unpaid transfers between adults if they fulfill the requirements outlined in the statute; therefore, the context of the transfer must be taken into account.
In one matter described in our published case results, a client was accused of possessing large quantities of marijuana, and all charges were dropped. The facts and evidence in each case determine the defense and the options available.
If you were issued a citation while on vacation in Las Vegas, take a picture of both sides of the citation and keep the original. Write down the name of the court, the case number, and the court date on the citation.
Ask your lawyer whether the court requires you to appear for the particular hearing and whether counsel can appear for you. Treat the date on your paperwork as active until you have confirmation of any change. If you are considering paying a citation, check what that payment means first. The city’s Municipal Court instructions describe payment by mail using a waiver that includes a guilty or no-contest plea.
Depending on the charge and the evidence, the defense may seek dismissal, negotiate a reduction, or contest the charge at a hearing or trial. For some cases, a court-supervised program may be worth discussing. The Eighth Judicial District Court’s Specialty Courts use program-specific admission criteria. Before agreeing to any program or plea, ask what it requires and what it would mean for the charge and your record.
Yes, they can charge you with any number of offenses. Your best course of action would be to bring the receipt for the weed that you purchased as well as any other packaging that you have with you to your attorney with the citation that you received.
This will depend on the statute, the outcome of the case and any eligibility or waiting period applicable. There are specific provisions for the sealing of marijuana possession cases.
In order to respond to a request for Nevada record sealing information, we will need the exact charge and the final court paperwork.
This is based on the charge, so it is important to understand the significance of the result. Nevada can prosecute for impairment under NRS 484C.110, which also sets out specific blood levels for certain offenses, including those for some repeat offenses and some serious injury cases.
To speak with a Las Vegas marijuana attorney about a citation or criminal charge, call LV Criminal Defense at (702) 623-6362 or request a free consultation.
