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Can growing marijuana be charged as trafficking in Nevada?

Posted by Neil Shouse | Sep 19, 2014 | 0 Comments

Yes, if the amount of marijuana is 100 pounds or more...

The only people who are permitted to cultivate marijuana in Nevada are:

  • registered medical marijuana growers, and
  • pre-approved medical marijuana patients who cannot access dispensaries.

Otherwise, cultivating pot is a crime in Nevada.

Growing marijuana that weighs less than 100 pounds is not considered trafficking in Nevada. It is prosecuted as only a category E felony, which means the judge may grant probation instead of the maximum 1 to 4 year prison sentence.

But growing 100 pounds or more of marijuana in Nevada is prosecuted as trafficking, which carries much harsher penalties and astronomical fines:

Growing 100 pounds to less than 2,000 pounds of marijuana is a category C felony. The sentence is:

  • 1 to 5 years in Nevada State Prison, and
  • $25,000, and
  • maybe up to an additional $10,000 in fines

Meanwhile, growing 2,000 pounds to less than 10,000 pounds of marijuana is a category B felony. The sentence is:

  • 2 to 10 years in Nevada State Prison, and
  • $50,000

Finally, growing 10,000 pounds or more of marijuana is a category A felony. The sentence is up to $200,000 in fines and:

  • life in Nevada State Prison with the possibility of parole after 5 years, or
  • 15 years in Nevada State Prison with the possibility of parole after 5 years

Read more information about Nevada marijuana cultivation laws and our article, "Is it a crime to be high on pot in Nevada?"

About the Author

Neil Shouse

Southern California DUI Defense attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT).

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