Las Vegas Criminal Defense Blog

A few weeks ago, our Las Vegas criminal defense lawyers told you about Nevada Senate Bill 262. This bill would have greatly increased penalties for the cultivation of marijuana, even if the suspect was enrolled in the Nevada Medical Marijuana Program. Fortunately, the bill just recently died in the Assembly Judiciary Committee.

The Nevada Medical Marijuana Program allows sick Nevada citizens to apply to the Nevada State Health Division for a license to grow and possess marijuana for medicinal purposes. Upon acceptance into the program, members may maintain up to seven marijuana plants, three of which can be blooming.

Had Nevada Senate Bill 262 passed, members who broke this seven-plant rule could then be charged with intent to sell marijuana, which carries up to fifteen years imprisonment. Since it didn’t pass, cardholding medical marijuana users who grow more than seven plants now face only possession charges, which carry a maximum of four years imprisonment.

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.