Many innocent people in Las Vegas get wrongly arrested, charged, convicted and jailed for the crime of possession of marijuana with intent to distribute in Nevada. In this article, our Las Vegas criminal defense lawyers will discuss:
Under Nevada marijuana law, you can be convicted of "possession of marijuana for sale" only if the prosecution proves two things:
(a) you were in possession of some quantity of marijuana, and
(b) that you intended to sell the marijuana.
In order to prove the first part, possession, the prosecution will try to show that the marijuana was in your control. This means that the marijuana was found on your person, or in your car, or in your home, or in some other place that you exercised control over.
To determine the second part, intent, Las Vegas courts look at the circumstances surrounding the alleged pot possession. Nevada prosecutors typically point to several factors in arguing that a defendant possessed marijuana for sale, and some of these can be rather far-reaching. For example:
What defenses a Las Vegas marijuana attorney may use to fight a charge of possession for sale of marijuana depend upon the facts of your case. The following are some common defenses we have found effective in Nevada:
A judge cannot find you guilty of "possession for sale of marijuana" if there was no possession. Therefore, a Nevada marijuana attorney may try to show that the pot did not belong to you. An attorney may argue that the pot was located in a location that was not under your control, or that you didn't know the marijuana was there. If you can show there was no possession, your charge will likely be dismissed.
Similarly, a judge cannot find you guilty of "possession for sale of marijuana" if there was no intent to sell. Therefore, a Nevada marijuana attorney may try to show that although you may have possessed some marijuana, you intended it solely for your personal use. If you can show there was no intent to sell, your charge will liked be reduced to simple possession, which has more lenient penalties.
The Fourth Amendment of the U.S. Constitution outlines strict rules for searches and seizures that the police have to follow. If you can show that the police conducted an illegal search in order to obtain the marijuana, you may be able to get the entire case dismissed purely on constitutional grounds.
If you are convicted of possession of marijuana for the purpose of sale in Nevada, penalties intensify with each successive conviction:
A first offense for possession of marijuana for the purpose of sale is a category D felony in Nevada. The court may grant probation or suspend your sentence. Otherwise, you may face one to four years at Nevada State Prison, and you may be fined up to $20,000.
A second offense of possession of marijuana for the purpose of sale is a category C felony in Nevada. (However, a first offense of possession of marijuana for the purpose of sale if you've also previously been convicted of breaking any felony drug law in the United States is a category C felony as well.) You may face imprisonment of one to five years and a $10,000. The court may not grant probation or suspend your sentence.
A third or subsequent offense of possession of marijuana for the purpose of sale is a category B felony in Nevada. (However, a first offense of possession of marijuana for the purpose of sale if you've also previously been convicted twice of breaking any felony drug law in the United States is a category B felony as well.) You may face imprisonment of three to fifteen years, and you may be fined up to $20,000. The court may not grant probation or suspend your sentence. (NRS 193.130)
However, if the marijuana involved weighs in at one hundred pounds (100 lbs.) or more, then Nevada's harsher trafficking laws may apply.
Marijuana possession with intent to sell is a deportable offense for aliens, so non-citizens charged with any drug crimes must hire an attorney right away to try to plead down the case to a non-removable crime. Read more about deportable crimes in Nevada here.
Just because you've been arrested doesn't mean you're guilty. As you've just read, there are defenses that may help your case get reduced to a lesser charge or even dismissed.
If you're facing a conviction for marijuana possession for the purpose of sale in Nevada, you can schedule a free consultation with our Las Vegas Criminal Defense Lawyers by calling 702-DEFENSE (702-333-3673).
Return to the Nevada Marijuana Law main page.
To learn about California marijuana possession for sale laws, go to our page on California marijuana possession for sale laws.
If you or a loved one faces misdemeanor or felony charges, contact our Las Vegas NV criminal defense attorneys at (702) DEFENSE. We'd be glad to meet with you for a free consultation. We practice throughout Nevada, including Las Vegas, Henderson, Reno, Carson City, Boulder City, Mesquite and Laughlin.
A Powerful, Effective Advocate to Have in Your Corner
In my time of need I called on Neil Shouse and his law firm. It was one of the best decisions I've made in my life. Not only did he step up to assist me, he went the extra mile in every sense of the word. I found Neil to be honest, professional, and tireless in his efforts on my behalf.
Great staff, straight shooters and trustworthy! From my first meeting with Nancy who made me feel at ease, to Michael Becker's knowledge and experience all the way through court with Michael Castillo, I felt I was in the best hands Vegas has to offer!
- Devon, a Domestic Violence client
My experience has been very good so far and I was very pleased with the outcome of the case. I have already recommended the firm to others.
- Greg, a DUI client
I am forever in debt with gratitude with my Lawyer and the Criminal Defense Group because they helped during the time when I almost gave up hope but everything happens for a reason and my case turned out just the way he told me the first day I talk to my Lawyer. I just wish that all the people that will and had made some bad decisions in their life will be able to find the means to hire/use the services of Michael Becker or the Group where he belongs. God bless you sir and keep doing what your doing and I will see you again when I will have my case sealed.
- a Fraud client
If you'd like further assistance...
Join us to discuss your DUI case at any of our
local offices: You can also contact us 24/7 at
702-DEFENSE for a free consultation
Las Vegas Office:
2300 W. Sahara Ave.
Las Vegas, NV 89102
Copyright © 2013 Shouse Law Group - Las Vegas Criminal Lawyers - Nevada Drunk Driving Defense Attorneys - All rights reserved.
Nevada Marijuana Possession for Sale Defense Attorney Disclaimer: The DUI, criminal offense, misdemeanor, felony, violent crimes or other legal defense information presented at this site should not be considered formal legal advice nor the formation of a lawyer or attorney client relationship.
We employ Copyscape Premium. Any republishing of copyrighted material without the express written consent of the publisher is prohibited. Such plagiarism is illegal, constitutes professional misconduct and constitutes an infringement of the Digital Millennium Copyright Act.