Nevada has legalized the use of recreational marijuana for adults aged 21 and over. In 2016, the state passed Question 2, which allows individuals to possess up to one ounce of marijuana and grow up to six plants for personal use.
Additionally, Nevada marijuana laws have allowed a robust medical marijuana program, which allows patients with certain qualifying conditions to purchase and use medical marijuana with a doctor’s recommendation.
The state has also established a regulatory framework for the cultivation, production, and sale of marijuana through licensed dispensaries. However, marijuana remains illegal under federal law.
What Are Nevada’s Laws on Marijuana Possession?
In Nevada, adults 21 and over are legally allowed to possess up to one ounce of marijuana for personal use. This means that an individual can legally purchase, possess, and consume marijuana from a licensed dispensary.
It is also legal for adults 21 and over to grow up to six plants for personal use, as long as the plants are kept in a private residence and not visible from a public space.
While possession of marijuana is legal in Nevada, it is still illegal to use marijuana in public spaces or in any location where smoking is prohibited. Additionally, it is illegal to drive under the influence of marijuana, and possession of large quantities of marijuana or intent to distribute it can result in criminal charges.
It’s worth mentioning that even though marijuana is legal in Nevada, it is still illegal under federal law, and possession of it on any federal property is prohibited.
What is the Legal Amount of Weed to Carry in Nevada?
In Nevada, adults 21 years and older are legally allowed to possess up to 1 ounce (28 grams) of marijuana or 1/8 ounce (3.5 grams) of concentrated marijuana, such as hash or wax, for personal use.
It is illegal to possess more than these amounts or to consume marijuana in public.
Additionally, it is illegal to drive under the influence of marijuana.
See: Ultimate Guide on Marijuana Law
What Are the Laws on Selling or Cultivating Marijuana in Nevada?
In Nevada, it is legal to sell and cultivate marijuana for recreational use. However, there are specific laws and regulations that must be followed.
To sell marijuana, a business must obtain a license from the Nevada Department of Taxation. The business must also comply with all state and local regulations, including zoning laws and health and safety codes.
To cultivate marijuana, an individual must obtain a license from the Nevada Department of Taxation. The individual must also comply with all state and local regulations, including zoning laws and health and safety codes.
Additionally, the cultivation of marijuana is limited to 12 plants per household, and plants must be kept out of public view.
It is important to note that marijuana is still illegal under federal law, so there may be additional regulations and restrictions that apply to businesses and individuals who sell or cultivate marijuana in Nevada.
Is Selling or Cultivating Marijuana in Nevada a Felony?
Selling or cultivating marijuana without a license or in violation of state and local regulations in Nevada is considered a felony. The specific classification and penalties for the offense will depend on the circumstances of the case and the amount of marijuana involved.
Selling marijuana without a license, or possessing marijuana for the purpose of sale, can be classified as a category E Felony, which is punishable by 1-4 years in prison and fines up to $5,000.
Cultivating marijuana without a license, or possessing marijuana plants for the purpose of cultivation, can be classified as a category D Felony, which is punishable by 1-4 years in prison and fines up to $5,000.
It is important to note that these are the maximum penalties, and the actual penalties will depend on the facts of the case and the discretion of the judge. It’s also worth mentioning that some jurisdictions may have different penalties and laws regarding the cultivation and sale of marijuana.
What Happens If a Minor Gets Caught with Marijuana?
In Nevada, drug crimes committed by minors (individuals under the age of 18) are considered to be juvenile crimes and are handled by the juvenile justice system. Penalties for drug offenses committed by minors can vary depending on the type and quantity of drug involved, as well as the minor’s prior criminal history.
Generally, first-time drug offenses committed by minors in Nevada may result in probation, community service, and/or a fine. Repeat offenses or offenses involving larger quantities of drugs may result in more severe penalties, such as detention in a juvenile detention facility or commitment to a juvenile rehabilitation program.
Nevada has a zero-tolerance policy for drug offenses committed by minors. This means that even small amounts of drugs can result in serious criminal charges and penalties. It’s also worth mentioning that drug offenses can carry harsh penalties for adults as well, including fines, long-term imprisonment, and mandatory drug treatment.
It’s important to consult with a local attorney familiar with Nevada state laws and the specific circumstances of your case if you or someone you know is facing drug charges.
Will a Weed Charge Stay on a Minor’s Record in Nevada?
In Nevada, drug offenses committed by minors (individuals under the age of 18) are considered to be juvenile crimes and are handled by the juvenile justice system. The records of these cases are typically confidential and not available to the public.
However, it’s worth noting that depending on the severity of the charge, some juvenile drug offenses can be transferred to adult court and would be public records.
In Nevada, there is a mechanism to seal juvenile records when the minor reaches 21 years of age, as long as the person hasn’t been convicted of any other crimes. This means that once the records are sealed, they are no longer available to the public, and the person does not have to disclose the conviction on job applications or other forms.
It’s important to consult with a local attorney who is familiar with Nevada state laws and the specific circumstances of your case to know the specifics of your case and the process of sealing the record. An attorney can also advise you on the best course of action to take in order to have the best chance of having your record sealed.
Do I Need a Nevada Criminal Defense Lawyer?
If you or someone you know is facing drug charges in Nevada, it is important to seek the advice of a qualified and experienced Nevada drug attorney as soon as possible. A good attorney can help you understand the charges against you, explain the potential penalties you may be facing, and develop a strong defense strategy on your behalf.
An experienced drug defense attorney can also assist you in negotiating a plea bargain or sentence reduction, if appropriate, and will work to protect your rights throughout the legal process. It is important to have legal representation that is familiar with the Nevada drug laws and the court system in your area to give you the best chance of a favorable outcome.
Don’t hesitate. Contact a drug defense attorney as soon as possible to discuss your case and to start building a strong defense.
It’s important to have legal representation as soon as possible in order to avoid any kind of complications and to have a better understanding of your rights and legal options.