Possession of Marijuana – Less Than One Ounce

Marijuana is considered a “controlled substance” in Nevada. As with other drugs, the law in Nevada makes it illegal to possess marijuana except under limited circumstances. Not all Marijuana crimes are created equal however, the severity of the offense charged is determined by two important factors. These are the intent of the person possessing the drug and the amount of the drug possessed.

If, after investigation, law enforcement believes that the individual is carrying marijuana for the purpose of sale to others (as opposed to for personal use) or if the individual in possession of the drug has marijuana packaged “in a manner consistent with sale,” they will likely be charged with possession of a controlled substance with intent to sell. (NRS 453.337).

If however, the investigating officer believes the marijuana is for personal use, and the total weight is less than one ounce (1 oz.), they will likely be charged with Possession of Marijuana – Less than one ounce, under NRS 453.336(4).

Any person convicted for a first offense, is guilty of a misdemeanor and faces a punishment of up to 6 months in jail, fines, examination by a substance abuse facility and judge ordered rehab.

A person convicted of a second offense faces similar punishments, but the fines and rehab requirements increase.

A third offense becomes the more serious crime of gross misdemeanor. Someone convicted of a third offense faces up to a year in jail and a $2,000.00 fine.

A fourth or subsequent offense is a Felony offense, which carries permanent consequences for the person convicted.

Because each subsequent conviction for Possession of Marijuana – Less than 1 ounce is enhanceable, and becomes increasingly more severe, it is critical that you have a zealous defense to each charge. You should not plead guilty to this crime thinking it is no big deal.

If you are charged with Possession of Marijuana make sure you hire an attorney who knows the charges you are facing, how the system works and how to fight these charges for you. To ensure that you get the best representation possible for you, or a loved one facing charges, contact Hofland & Tomsheck immediately.

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