Las Vegas Criminal Defense Blog

In Nevada, it is a felony to knowingly possess marijuana with the intent to sell (NRS 453.337). If a suspect is found with cash, a weapon, pay/owe sheets, marijuana separated out into pre-measured baggies, and in an area where drug deals typically take place, a lawyer may have a challenging time trying to convince the judge that the suspect had no intention of selling the marijuana. However, as Las Vegas criminal defense attorney Michael Becker explains, "A conviction for marijuana possession for the purpose of sale in Nevada may be avoided completely if the lawyer can show that the police’s methods for discovering the marijuana and other items were unconstitutional."

The Fourth Amendment of the Constitution demands that searches and seizures be reasonable and supported by probable cause. So, for example, if a cop finds a suspect to be carrying marijuana and pay/owe sheets during a traffic stop, a good criminal defense attorney would probe whether this traffic stop and the subsequent search were legal. If the cop pulled the suspect over for speeding and then saw marijuana in the passenger seat, the cop might have probable cause to search the car. On the other hand, if the attorney can determine that the cop pulled over the suspect because of his race or for no good reason at all, then the stop and the subsequent search would be illegal.

Once the attorney determines that the search may have been illegal, the attorney then may move to suppress the evidence, which includes the marijuana and anything else the cop may have found during the illegal search. And if the Clark County court grants this motion, the charge for possession of marijuana for the purpose of sale will likely be dismissed since no evidence will remain to prove possession or intent.

The legal definition of marijuana in Nevada comprises hemp because it’s technically a cannabis plant. Therefore, Nevada laws on marijuana prohibit the cultivation, manufacture and sale of raw hemp in the state. This is despite the fact that more hemp products are exported to the United States than to any other country, and the United States itself used to be a leading producer of hemp, second only to cotton in some markets.

Although Las Vegas’s definition of marijuana includes hemp, hemp is very different than marijuana. Many experts agree that smoking hemp does not produce a high, which is because hemp contains far less THC than marijuana. Hemp plants can be easily distinguished from marijuana, the former growing much taller. And unlike marijuana, hemp has hundreds of practical purposes, as it can be used to make everything from paper, clothes, oil, food and medicines.

At this time, some states have challenged federal law by legalizing the cultivation of hemp (these states are North Dakota, Hawaii, Kentucky, Maine, Maryland, Montana and West Virginia). However, resistance from the Drug Enforcement Administration has thus far thwarted their efforts to begin producing. For more information on hemp in Nevada as well as the movement to remove hemp from Nevada’s legal definition of marijuana, contact the Nevada Office of the Hemp and Cannabis Foundation.

Although Clark County courts enforce an extremely strict marijuana policy, Nevada law on marijuana possession is actually very forgiving to citizens convicted for the first time. If the amount in question is over an ounce, the judge will probably suspend the sentence and grant probation. And if the amount is under an ounce, NRS 453.336 allows both first- and second-time offenders to get away with paying only a fine.

The laws for possession of marijuana in Las Vegas, NV, actually reflect a national trend to give second chances to first-time offenders. According to the Department of Justice’s Bureau of Justice Statistics, in 2002 only .003 percent of all 1.2 million state inmates were serving time for first-time marijuana possession. And many of these people were in fact charged with more serious crimes but managed to plead their cases down to possession.

Furthermore, Nevada citizens convicted of marijuana possession in Las Vegas (NRS 453.336) on a first or second offense are often instructed to go to drug court. In doing so, the state aims to curb marijuana possession in Clark County not by punishment in the form of incarceration but by education in the form of treatment. This, too, mirrors a national trend—the criminal justice system is the biggest drug treatment program referral source in the country.

If Senate Bill 262 passes in the Nevada legislature, then anyone found growing more than seven marijuana plants, even if they’re members of the Nevada Medical Marijuana Program, can be charged with possession for marijuana for the purpose of sale. An unfortunate consequence of this bill is that many sick, otherwise innocent Nevadans who grow extra marijuana purely for medicinal purposes will be judged just as harshly as profit-minded drug lords.

Under current Las Vegas medical marijuana laws, ailing residents who have been accepted into Nevada’s Medical Marijuana Program may grow up to seven marijuana plants (as long as only three of the plants are blooming at a time). If they grow more than seven plants, they may be found guilty of possession, which can carry a one-to-four year prison sentence with a fine of up to $5,000. But Senate Bill 262 would saddle these same patients with “intent to sell” as well, and depending on the number of extra plants they’re growing, patients could land up to fifteen years in a Nevada state prison and a $100,000 fine.

Medical marijuana users already ride the edges of the law: Even though Nevada welcomes patients to apply for a license to grow and possess medical marijuana in Nevada, federal law still fails to recognize medical marijuana, so these patients always run the risk of being arrested by federal authorities. Senate Bill 262 would make using medical marijuana even riskier. Sadly, for many terminal patients in debilitating pain, the threat of criminal prosecution pales in comparison to the relief that medical marijuana promises.