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 than $600.
  • 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!

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