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If police searched a room in your rental home or cited you for growing a few plants, start by finding out which of Nevada’s marijuana laws they say you violated. Even for personal use, home cultivation is lawful only under specific conditions.
A Las Vegas marijuana cultivation lawyer can review the charge, how officers counted the plants, and what evidence connects you to the grow.
Under Nevada’s adult-use home-grow rules, you generally must be 21 or older and live outside the 25-mile radius of a licensed adult-use cannabis retail store. An eligible adult can grow up to six plants, with a maximum of 12 plants at one residence. Both mature and immature plants count. The grow must be in a locked or otherwise secured enclosure, out of public view, and on property you lawfully possess or have permission to use for cultivation.
Medical card holders are subject to different rules. Under very limited circumstances, a person with a valid medical card can grow up to 6 marijuana plants at home if they are unable to travel to a medical marijuana dispensary due to illness or lack of transportation.
NRS 678D.310 covers growing within 25 miles of a licensed adult-use retailer, growing plants visible from a public place, and growing on property without the required possession or consent. A first violation is a misdemeanor with a fine of up to $600. A second is a misdemeanor with a fine of up to $1,000. A third is a gross misdemeanor. A fourth or later violation is a category E felony.
The separate felony provision for growing more than 12 plants (NRS 453.3393) applies to individuals who knowingly or intentionally grow more than 12 plants without authorization.
Top Rated Criminal LawyerNick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
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This is a category E felony, unless a higher felony applies. The six-plant personal limit and the felony threshold for growing more than 12 plants serve different purposes. In a shared home, the total number of plants as well as each person’s role in growing them is relevant.
Yes. Nevada law sets the marijuana trafficking threshold at 50 pounds when all other elements of the crime have been established (NRS 453.339). Nevada law also requires that the marijuana be weighed at the time of seizure, or as soon as possible after the seizure.
A defense attorney can compare the inventory list to the actual weighing records and can determine if the officers separate the marijuana from the concentrated cannabis.
Officers search shared houses for grows, but who is on the lease and who is tending to the plants may be two different people. We review photos, messages, lease records and other evidence to support the state’s allegations and to uncover evidence that supports the defendant’s case.
We also consider the search of the property, including how officers gained entry, which rooms were searched pursuant to the warrant and whether the inventory from the search supports the number of plants alleged to have been grown on the property.
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.
If you have been charged with cultivation or if the police have searched your property, we can assess your case during a free consultation. Please bring with you any citations or charges, the warrant (if any) and a list of items seized during the search of your property.
