Nevada police look for specific clues that indicate that a suspect was not merely keeping marijuana for personal use. Common signs that suggest a defendant intended to sell marijuana include the following:
- The defendant possessed a large amount of marijuana, more than what the typical recreational user has.
- The defendant stored the marijuana in evenly measured containers or baggies, which a recreational user might not take the trouble to do.
- The defendant had large amounts of cash, which could be proceeds of a marijuana sale.
- The defendant had a small scale, presumably used to weigh marijuana.
- The defendant carries a gun, presumably as protection from disgruntled drug dealers or druggies.
- The defendant was seen in locales where drug deals are known to happen.
- The defendant does not have any paraphernalia, indicating that the marijuana is meant for customers.
- A cop witnessed the defendant offer or agree to sell drugs, or an undercover cop got the defendant to offer or agree to sell drugs.
As with all criminal charges, the prosecution has the burden to prove every element of the Nevada offense of "possessing marijuana for sale" in order to sustain a conviction. Proving a defendant's "intent to sell" may be difficult because it involves state of mind, which is intangible. A good Nevada criminal defense attorney may be able to use the facts of the case in the defendant's favor to show that he/she never intended to sell the marijuana.
For instance, that the defendant carried a gun is not definitive proof that he/she is a drug dealer. It could just be an exercise of 2nd Amendment rights. And that the defendant had a lot of cash could just be because he/she preferred using cash to credit cards. And possessing a large amount of pot could just be the defendant's personal preference as opposed to proof that he/she meant to sell it. Read more information on the Nevada crime of marijuana possession for the purpose of sale.