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Simple Possession of Marijuana

Las Vegas Marijuana Crimes Attorney Explains Laws and Punishments for Simple Possession of Cannabis in Nevada (NRS 453.336)

possession-of-cannabisOver time, society’s attitude toward marijuana has changed. More and more people accept weed as a mostly harmless substance that is not any more harmful (and in fact, probably less so) than alcohol and prescription drugs.

The law is almost always behind public opinion and marijuana is no exception. Everyday people who are simply in possession of a small amount of marijuana for their own personal, recreational use are prosecuted for possessing an illegal substance.

If you use marijuana, know your rights. And if you are arrested for simple possession of marijuana in Nevada, Contact LV Criminal Defense , to defend your rights in Las Vegas.

How is marijuana defined in Nevada?

This may seem like a simple question, but when your rights are at stake, it is very important to understand exactly what certain terms mean. In Las Vegas NV, marijuana includes all parts of the plant, including seeds, whether harvested or not.

What does it mean to possess marijuana?

Possession can be shown in three ways:

  • On your person or in your clothes, which is called actual possession;
  • Constructive possession, such as in your purse, nightstand, or anywhere that you have control over;
  • Joint possession, which is when you share a space with someone who keeps marijuana there, such as a spouse putting marijuana in a shared medicine cabinet.

These definitions of possession are similar to possession of other controlled substances.

What are the penalties for possession of marijuana in Nevada?

Just like growing marijuana, the penalties for simple possession of marijuana in Las Vegas depend on two things:

  • The amount of marijuana found; and
  • Whether you have prior convictions for simple possession.

First and Second Offense of Simple Possession of Marijuana (Less than one ounce)

For your first and second simple possession convictions, the crime is a misdemeanor offense. In both situations, you may be subject to a fine up to $1,000. Usually the first offense carries a fine of $600, while the second offense is closer to $1,000. The judge may also order you to attend a drug rehabilitation program.

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Third Offense (Less than one ounce)

Like other Nevada misdemeanor crimes, the penalty for simple possession is progressive. This means that the third offense increases to a gross misdemeanor. A Nevada gross misdemeanor still carries less than 1 year in jail, but the fine can be as much as $2,000.

Fourth and later offenses (Less than one ounce)

If you have three prior convictions for simple possession, the fourth and higher simple possession becomes a Category E felony. Nevada Category E felonies carry 1 to 4 years’ prison time and fines up to $5,000.

What is the punishment for possession of more than one ounce of marijuana in Nevada?

Possessing more than one ounce of cannabis brings serious penalties in Las Vegas.

  • The first and offenses are a Category E felony, with up to 4 years in a Nevada prison and fines up to $5,000;
  • The third offense of possessing more than one ounce of marijuana in Las Vegas brings penalties of up to four years in prison and fines up to $10,000. This is a Category D felony.
Other things to know about possessing more than one ounce of marijuana in Nevada

If you have not been charged with any other drug crime in Nevada, the charges may be dismissed against you if you complete Drug Court. Learn more about Drug Court.

More Information

An experienced Las Vegas marijuana possession defense lawyer can work to reduce the charges against you or even get them dismissed. Contact LV Criminal Defense today to begin your defense.

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