Las Vegas Marijuana Defense Attorney
Possession of Marijuana – Less Than One Ounce
Possession of less than one ounce of
marijuana is a relatively new crime in Nevada. Prior to the change in the law, persons
who were arrested for possession of marijuana – even in very small
amounts – would be charged with felony possession of controlled
substance. This revision makes persons who are found guilty of possessing
less than one ounce of marijuana guilty of a simple misdemeanor. Simple
misdemeanors carry up to six months in Clark County Detention Center,
and a fine.
Very often, persons who are convicted of possession of marijuana receive
no jail time unless they fail to complete requirements which the court
may impose at sentencing. While the public consensus as to possession
of marijuana has experienced a massive shift over the past few years,
marijuana possession is still illegal in Las Vegas – even small
amounts less than one ounce. As with all drug possession charges, felony
and misdemeanor, the legal defenses pertaining to possession related issues
apply. Thus, Las Vegas prosecutors are required to prove beyond a reasonable
doubt that the person charged actually “possessed” in the
legal sense, the illegal drug.
Speak with our Las Vegas drug defense team today in a
complimentary review. We are ready to help you!
Penalties for Subsequent Offenses
Subsequent offenses are to be taken very seriously. The court may have
the person examined to see whether he or she is an addict and can benefit
from rehabilitation treatment. Beyond this, the court may also impose
counseling requirements. Even though the statute does in its express terms
contemplate jail time, in the event that the person convicted of possession
of marijuana (less than one ounce) fails to stay out of trouble, or fails
to complete any court imposed requirements, jail time is possible.
Unfortunately, many persons frequently fail to complete their court imposed
requirements and are often incarcerated as a result. If convicted in a
Las Vegas court, do not take your court imposed requirements lightly.
Complete them as soon as possible. Why risk jail time? Do the requirements,
stay out of trouble, and get the problem behind you.
Penalties for offenses include the following:
- A person convicted of possession of marijuana less than one ounce, first
offense, is guilty of a misdemeanor, and punished by a fine of not more
- A person convicted of possession of marijuana less than one ounce, second
offense will have to pay a fine of not more than $1,000, and be required
to complete a mandatory program of treatment and rehabilitation. This
requirement is pursuant to statute and contemplates a treatment program
significantly more rigorous than what is typically required for a first offense.
- A person convicted of possession of marijuana less than one ounce, third
offense will be guilty of a gross misdemeanor. In Las Vegas courts, a
gross misdemeanor is punishable up to one year in Clark County Detention Center.
- A person convicted of possession of marijuana less than one ounce, for
a fourth or subsequent offense will be guilty of a category E felony.
Felonies carry the potential of incarceration in state prison.
Hire Our Las Vegas Criminal Defense Attorneys for Your Case
Until the law catches up to public opinion, possession of small amounts
of marijuana remains illegal in Nevada. Sometimes persons charged with
misdemeanor marijuana offenses fail to take the situation seriously. This
is a major mistake. Even a misdemeanor can result in incarceration and
adverse employment consequences. Our Las Vegas criminal defense lawyers at
Oronoz, Ericsson & Gaffney LLC have significant experience defending illegal
drug cases in all Southern Nevada courts. Do not risk hiring a lawyer who does not
know how to properly defend you against allegations of illegal drug possession.
Hire our lawyers with a proven track record of drug defense.
When interviewing criminal defense lawyers, insist on seeing tangible proof
of prior success defending drug cases in the Las Vegas court system. By
doing so, you will quickly conclude who has an actual track record of
success. Call us today. We would be happy to sit down with you and assess
your marijuana case and discuss possible defenses.
Call Oronoz, Ericsson & Gaffney LLCat (702) 904-8858 today!