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Recreational marijuana for adults was legalized in 2017 in Nevada. However, there are still limitations on usage, possession, and distribution that can get you in trouble if you violate the law.
Because marijuana (cannabis) remains a federally controlled substance, the laws regarding the usage of marijuana within the state of Nevada can become confusing. If you end up on the wrong side of the law, it’s vital to have a criminal defense attorney that understands the state and federal laws regarding marijuana possession and usage.
Jherna Shahani is an experienced and dedicated Nevada marijuana criminal defense attorney who knows how to rigorously defend you against charges.
The legal purchasing and usage of marijuana in the state of Nevada currently includes these requirements:
In other words, buying even a small amount of marijuana from a street dealer or unlicensed vendor would be a violation of state law.
Customers must also be prepared to show identification when purchasing marijuana.
The legal limit of possession maxes out at 1 ounce of cannabis or up to 1/8 of an ounce of concentrated cannabis, which is the separated resin from the cannabis plants.)
Violations
If you have purchased marijuana, wait until you get home before using it. State law will not allow the consumption of any cannabis products in a public place
Do not consume cannabis while operating or riding in a moving vehicle. And don’t assume being a passenger in a moving vehicle would be an acceptable loophole; you can’t ride a bus or be a passenger in a car and consume cannabis legally.
Possessing, growing, or selling 50 pounds or more of marijuana is charged as trafficking in Nevada.
Illegal sale or delivery of more than one ounce up to 10,000 lbs. or more is a Felony.
While the Nevada state statutes offer clear direction on the allowable usage of marijuana, the actual purchasing and usage of marijuana in the state can run into some issues from federal marijuana laws, resulting in some confusion on the overlap of jurisdictions.
For example, while the legal limit of possession stands at 1 ounce by state law, the specific charges against one person might involve federal marijuana laws, resulting in questions over which law takes precedent in a given case. Federal laws currently prohibit the use of cannabis on federal lands, such as national parks, which would violate both federal and state usage laws.
The legalization of cannabis usage in the state of Nevada has no impact on the state’s medical marijuana program, overseen by the state’s Cannabis Compliance Board.
The Division of Public and Behavioral Health currently manages the state’s medical marijuana registry, which allows for the recording and application of a patient card.
State statutes also list the defined medical conditions qualifying for medical marijuana usage, including:
• Anxiety
• Muscle spasms
• Severe or chronic pain
• Cancer
• Autoimmune diseases
• Neuropathic conditions
However, because state/federal law overlap in terms of enforcement, even individuals in possession of medical usage cards may find themselves in violation of Nevada law or federal law. Do not assume having a medical marijuana cards gives you freedom to violate the law. If you are charged with a crime involving marijuana, call Shahani Law!
As you can see, crimes involving marijuana can be very serious. Trafficking or the illegal sale or delivery are not minor crimes and you will need a rigorous defense to avoid conviction. Lesser charges are still crimes and even a misdemeanor can result in a criminal record. To seek legal representation against marijuana charges, contact Shahani Law Ltd today.
If you have been charged with assault in Las Vegas, Henderson, Clark County, Laughlin, Mesquite, Pahrump, Boulder City or elsewhere in Nevada, call Your Defender at Law at 702-625-7551 for a FREE consultation.
Jherna Shahani, Esq. provides loyalty, skill, personal attention, and care to every case. Advice from an attorney is just a phone call away, and you are guaranteed a same day response; it is just that important.
Assault is the unlawful attempt to use physical force on another person or intentionally place another in reasonable apprehension of immediate bodily harm.
Put simply, assault can be where you intended to use physical force but miss or where you threaten bodily harm.
Nevada law defines a deadly weapon as “any instrument which, if used in the ordinary manner contemplated by its design and construction, will or is likely to cause substantial bodily harm or death” or “any weapon, device, instrument, material or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing substantial bodily harm or death.”NRS 193.165
Of course, a knife or gun falls into this category, but other objects, if used to inflict injury, are classified as deadly weapons. For instance, bats, screwdrivers, rocks, sticks, bottles, and other household items can all be classified as deadly weapons.
Misdemeanor Assault
If the assault was not with a deadly weapon, not on a protected person and not by an inmate or person on probation/parole, then assault is a misdemeanor punishable by:
Assault with a Deadly Weapon
All assaults with a deadly weapon are Category B Felonies punishable by:
Assault on a Protected Person without a Deadly Weapon
If the assault is without a deadly weapon but against a protected person and the assaulter knew or should have known that the victim was a protected person, the assault is a gross misdemeanor punishable by:
Assault without a Deadly Weapon on a Protected Person by an Inmate or a Person on Probation/Parole.
If an inmate or person on probation/parole commits an assault without a deadly weapon, and the assault was made on a protected person and the assaulter knew or should have known that the victim was a protected person, the assault is a Category D Felony punishable:
People in Nevada can defend themselves if they reasonably believe they are facing an urgent or pressing threat of bodily harm, and the non-aggressor used no more violence then necessary to protect themselves.
If a person did not commit assault but the alleged victim lied, then the person is not guilty of assault. A skilled attorney is necessary to show the court that the alleged victim was not truthful and his testimony should be disregarded.
If you have been charged with assault in Las Vegas, Henderson, Clark County, Laughlin, Mesquite, Pahrump, Boulder City or elsewhere in Nevada, call Your Defender at Law at 702-625-7551 for a FREE consultation.
Jherna Shahani, Esq. provides loyalty, skill, personal attention, and care to every case. Advice from an attorney is just a phone call away, and you are guaranteed a same day response; it is just that important.