There are three primary defenses to Nevada charges of trafficking marijuana:
- The marijuana does not weigh 100 pounds or more. Nevada charges for trafficking marijuana apply only if the amount of pot in the case weighs in at at least 100 pounds. And in some cases, the police do a sloppy and inaccurate job of weighing the marijuana, which results in a false reading of 100 pounds or more. Note that if the marijuana weighs less than 100 pounds, other less harsh Nevada charges attach instead, such as possession or selling.
- The marijuana does not belong to the defendant. In many cases, Nevada police mistakenly believe that the defendant owned or possessed the marijuana at issue. But depending on the circumstances, a defense attorney can raise a reasonable doubt as to who actually possessed the marijuana. For instance if the defendant had roommates, perhaps the pot belonged to them. Or if someone left the marijuana in the defendant's home and the defendant had no idea, then any criminal charges should be dropped.
- The police found the marijuana through an illegal seizure. Trafficking marijuana in Nevada may be illegal, but conducting a police search without a warrant, consent, or exigent circumstances is unconstitutional. If the police may have overstepped their Fourth Amendment bounds by conducting an unlawful search and seizure of the marijuana, a defense attorney may be able to get the pot excluded as evidence from the case. And if the marijuana gets excluded, the prosecution may no longer have sufficient evidence to prove guilt beyond a reasonable doubt in Nevada.
Read more information about the Nevada crime of trafficking marijuana.