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Marijuana Possession in Nevada

A recent study found that marijuana is the most popular illegal drug worldwide. The key word here is “illegal.” As in all states except for Washington and Colorado, Nevada bans the possession and use of marijuana, except for authorized medical use.

The Nevada statute states that to be charged for possession in the state, the marijuana possession must be deemed “knowing and intentional.” This means that if a police officer sees you actually smoking a marijuana cigarette, it is obvious that you were knowingly smoking marijuana. If, however, a police officer stops your car and finds some marijuana under the seat, he or she cannot be certain as to whether it belongs to you or to one of your passengers.

Nevada’s penalties for possession of marijuana

If you are found guilty of possession of one ounce or less of marijuana, the sentence you get depends on whether or not this is your first offense:

  • First offense: A first offense is just a misdemeanor ― you face fines of up to $600 or you may be assigned to a drug rehabilitative treatment program.
  • Second offense: A second office is still a misdemeanor, but the potential fine rises to $1,000 or the possibility of assignment to a drug rehabilitation program.
  • Third offense: A third offense is elevated to a gross misdemeanor with a fine of up to $2,000, and/or confinement in county jail for up to a year.
  • Fourth and subsequent offenses: Classified as a felony, a fourth offense subjects you to a potential sentence of one to four years in prison and a fine of up to $5,000.

Because of these increasing sentences, no marijuana arrest in Nevada should be viewed as a minor matter. Due to the serious consequences of a possession of marijuana conviction, you need the services of a skilled Reno criminal defense attorney to zealously represent you.

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