Las Vegas Marijuana Defense Lawyer

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While neighboring California has been relaxing controls on the use of marijuana, the state of Nevada has continued to take a firm stance on enforcing its tough laws against use, sale, and transportation of the plant. Individuals found with marijuana in their possession in the Silver State are often arrested and should contact a team of experienced criminal defense attorneys to find the strongest defense to help them navigate the Nevada justice system and avoid a serious drug conviction.

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The importance of choosing an experienced lawyer cannot be understated. Conviction of a drug crime in Nevada doesn’t just mean the possibility of jail time and thousands of dollars in fines, it can also mean a black mark on your record that will follow you for the rest of your life. Choose someone who has years of experience in the law that can be applied to your case.

There are numerous criminal charges that can be applied to marijuana laws, including:

  • Conspiracy involving marijuana
  • Possession of marijuana
  • Possession of marijuana with intent to sell
  • Sale of marijuana
  • Marijuana trafficking
  • Federal distribution of marijuana

What is conspiracy?

“Conspiracy,” in Nevada drug law, is when two or more people make plans to commit a drug-related felony, and one of those people commits an act in furtherance of the plan. Nevada’s laws on marijuana conspiracy are in NRS 453.401. The possible penalties range from a category C felony to a category B felony. This means that if you are convicted – depending on the severity and number of offenses – you could face a maximum of 15 years in prions and up to $20,000 in fines. These are steep penalties and retaining legal counsel can help you minimize them.

Charged with possession?

Nevada’s laws on possession of less than one ounce of marijuana are in Nevada Revised Statute (NRS) 453.336(4). Nevada treats marijuana differently from other Schedule I drugs when dealing with possession of small amounts. Under most (but not all) circumstances, possession of less than an ounce of marijuana is a misdemeanor.

The possible penalties include:

  • A first offense is punishable by a fine of up to $600.
  • A second offense is punishable by a fine of up to $1,000.
  • A third offense is a gross misdemeanor, and is punishable by a fine of up to $2,000 and up to 1 year in jail.
  • A fourth offense is considered a category E felony. Individuals convicted of a category E felony face a minimum of 1 year and a maximum of 4 years in prison, and a fine of up to $5,000.

If you are caught with more than an ounce, you may face stricter penalties:

  • A first or second offense is considered a category E felony. Individuals convicted of a category E felony face a minimum of 1 year and a maximum of 4 years in prison, and a fine of up to $5,000.
  • A third or more offense (counting drug convictions from other states) is considered a category D felony. The penalty for a category D felony drug possession offense is a minimum of 1 year and a maximum of 4 years in prison and a fine of up to $20,000.

Possession with Intent to Sell

The sale of drugs is punished more harshly than the possession of drugs. While most offenders are not caught actually exchanging drugs for money, law enforcement officers and prosecutors look at the circumstances and decide if they believe the accused had an “intent to sell” the drugs found in his or her possession.

Nevada’s laws on possession with intent to sell marijuana are in NRS 453.337. A conviction for a first offense can result in 1 to 4 years in prison and up to $5,000 in fines. This is just the minimum. The more offenses that an individual has, the harsher the penalties. The penalties can be challenged, but in order to do so, you need to prove that there was no intent to sell. It requires skilled legal counsel to effectively challenge the charges against you. This is when Oronoz, Ericsson & Gaffney LLC can help you.

Defense for the Sale of Marijuana

Law enforcement officers and prosecutors take a harder line against individuals who sell drugs than against people who merely use or possess controlled substances. “Selling” under the law, can actually include much more than simply the exchange of product for money. The law makes it illegal to “import, transport, sell, exchange, barter, supply, prescribe, dispense, give away, or administer” any controlled substance. It is also illegal to “offer or attempt” to do any of these acts. If convicted, you can face various penalties and face anywhere from 1 year to 15 years in prison, and up to a $20,000 fine depending on number of offenses.

Trafficking is a Serious Crime

Possession, sale, manufacturing, or inter-state transportation of large amounts of drugs is considered “trafficking.” Nevada’s laws on trafficking marijuana are included in Nevada Revised Statute (NRS) 453.339 and the penalties for a conviction are as follows:

  • An offense of trafficking between 100 pounds and 2,000 pounds of marijuana is considered a category C felony and is punishable by a minimum of 1 year and a maximum of 5 years in prison and a fine of up to $25,000.
  • An offense of trafficking between 2,000 pounds and 10,000 pounds of marijuana is considered a category B felony and is punishable by a minimum of 2 years and a maximum of 10 years in prison and a fine of up to $50,000.
  • An offense of trafficking more than 10,000 pounds of marijuana is considered a category A felony and is punishable by life in prison with a possibility of parole after 5 years, or 15 years in prison with a possibility of parole after 5 years and a fine of up to $200,000.

Federal Distribution Charge and Penalties

Because of Nevada’s unique place as the international capital of entertainment, federal investigators and prosecutors take narcotics distribution charges very seriously. The federal laws against drug distribution are in 21 U.S.C. 841. The general penalties are discussed below:

  • An offense of possession (with an intent to distribute) more than 100 kilograms of marijuana is punishable by a minimum of 5 years and a maximum of 40 years in prison and a fine of up to $2 million.
  • An offense of possession (with an intent to distribute) more than 1,000 kilograms of marijuana is punishable by a minimum of 10 years and a maximum of life in prison and a fine of up to $4 million.

Contact Oronoz, Ericsson & Gaffney LLC for Help Right Away

If you have been charged with a marijuana-related felony, no matter how large or small, do not hesitate to contact our law firm, Oronoz, Ericsson & Gaffney LLC. Our criminal defense strategy when it comes to drugs has been proven time and time again to be successful, and representatives are always standing by to make sure you get the help you need.

Call (702) 904-8858 for more information!

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