Las Vegas Marijuana Possession Attorney
Medical marijuana for qualified patients is legal in Nevada. Recreational use is illegal, and so is any unauthorized possession, sale, or distribution of marijuana. To use medical marijuana, you must possess a Registry Identification Card issued by the Nevada Department of Motor Vehicles for medical marijuana use. Even patients protected under the Nevada Medical Marijuana Program can be jailed for growing too much pot.
The first-offense possession of a small amount of marijuana for personal use is punished with a fine instead of jail time. In the state of Nevada, first offense possession of one ounce or less of marijuana is punishable by a fine of up to $600; the charge is a misdemeanor, but the defendant remains subject to re-arrest and drug screening. A second offense for marijuana possession in Nevada is still a misdemeanor and carries a possible $1,000 fine and possible court-ordered drug addiction screening.
A third offense is considered a gross misdemeanor in Nevada and is punishable by a fine of up to $2,000 and up to a year in county jail. A fourth or greater offense is no longer a misdemeanor. At this point, you will be charged with a category E felony and may face up to four years in jail along with fines of up to $5,000.
These penalties are based on possession of under one ounce of marijuana. If you are charged with possession of greater than one ounce, you will face much harsher penalties. Even a first offense is considered a felony charge when you are believed to have had over an ounce of marijuana in your possession. By the third offense, you may face up to four years in jail along with fines of up to $20,000.
Police in Nevada aggressively enforce the state’s marijuana laws, and Nevada’s prosecutors are equally diligent about winning convictions. The experienced marijuana defense attorneys of the Fletcher Firm aggressively represent defendants accused of possession of marijuana. In many marijuana possession cases, a motion to dismiss, to suppress, or to exclude evidence can be filed, and that filing often results in a reduction or an outright dismissal of the possession charge.
What is Marijuana Possession?
Many people are under the mistaken belief that possession of marijuana means having it on their person. While this is one type of possession, known as actual possession in legal circles, simply exercising control over an area where marijuana is knowingly and intentionally stored can give rise to allegations of drug possession. This type of control is known as constructive.
A third type of control which a person can exercise over a controlled substance is called joint control. This type of control occurs when two or more people exercise control or ownership over a controlled substance.
Prosecutors may try to say you were in possession of marijuana if it shows up on a drug test, since you can exercise control over your own body. This is just one of the reasons why it’s essential that you contact a Las Vegas Marijuana Possession Attorney to work on your case as soon as possible.
An Experienced Las Vegas Marijuana Possession Attorney
Depending on the precise facts of your marijuana possession case, other defenses may be put forth to force a prosecutor to drop the charges against you or to convince a judge to toss them out. An experienced marijuana defense attorney can argue that there was a lack of probable cause for police officers to stop, search, or arrest you; that there is a lack of evidence to demonstrate active possession of marijuana; or that standard legal rules related to arrest procedures or search warrant executions were violated. If the marijuana was found in a place that you are believed to have control over, an attorney can argue that you do not exercise control over this location, and therefore cannot be held guilty for possession.
If you require courtroom representation for a marijuana-possession charge, our experienced, resourceful trial team at the Fletcher Firm will assure that your rights are protected and that your defense is strong and aggressive. In Nevada you, want the Fletcher Firm representing you if you are charged for possession of marijuana. We have a widely-acknowledged track record and a prominent reputation for successfully defending clients. At the Fletcher Firm, we serve the Las Vegas area through service to our community and through our conscientious work for clients throughout Nevada and California. If you are seeking aggressive legal defense, or if you’re simply seeking the best legal counsel available, the Fletcher Firm is here to serve you.
By staying abreast of the latest marijuana-related rulings handed down from state and federal courts, the Fletcher Firm can provide the soundest legal advice to those accused of marijuana possession. We resolve the charges brought against our clients; we also help clients to avoid any future legal problems related to the possession charge. If you – or a member of your family – are charged with marijuana possession in Nevada, you can contact us right now by calling (702) 835-1542 or (702) 333-6339. It’s very likely the wisest choice you can make in that situation.
Contact Us for a Free Case Evaluation
You can also contact us right now by completing the Free Case Evaluation form; we will reply to you quickly and completely. If you need legal assistance or legal advice for a marijuana possession charge or for any reason, please speak with us first. The experienced legal team at the Fletcher Firm is always here to serve you and to defend to the utmost every one of our clients.