In Mesquite, Nevada, neighbors of 22-year-old Austin Ray called the police after seeing a parade of teenagers going in and out of his house. It turned out that Ray was allegedly selling marijuana. He was arrested and charged with possession of marijuana for the purpose of sale.
In order to prove that you intended to sell marijuana, and not merely smoke it yourself, the prosecution relies on some of the following factors:
- The police saw you exchanging marijuana for money
- The amount you had was more than what is generally for personal use
- The marijuana was packaged in separate, evenly measured bags
- You had a lot of cash on you
Your lawyer may raise the following defenses:
- The marijuana that was found was not under your control
- There is evidence to show that the marijuana that was found was not for sale, but for your personal use only
- The police seizure of the marijuana violated your constitutional rights and cannot be used as evidence against you
If you are convicted, the penalty you receive depends on whether or not this is your first or subsequent offense:
- First offense: One to four years in prison, and a fine of up to $5,000 ― the court may grant probation or a suspended sentence
- Second offense: One to five years in prison, and a fine of up to $10,000 ― the court is not permitted to grant probation or suspend your sentence
- Third and subsequent offenses: Three to 15 years in prison, and a fine of up to $20,000 ― the court is not permitted to grant probation or suspend your sentence
Selling marijuana is a serious offense, and can land you in prison for even a small amount. Don’t try to handle this situation alone ― get a Reno criminal defense attorney who can skillfully represent you.