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Is hashish legal in Nevada?

Posted by Neil Shouse | Mar 09, 2020 | 0 Comments

Adults 21 and older may possess up to 1/8 of an ounce of hashish for personal use in Nevada. Only licensed dealers may sell hashish.

Hashish ("hash") is a type of concentrated cannabis. It comes from the dried resin ("kief") of the tops of cannabis plants. Hashish can be smoked or used in edibles.

Prohibited locations

People may possess their 1/8 ounce of hashish only in a private residence. This does not include hotel rooms or dorm rooms.

In time, people may be able to consume hashish in "social lounges." Currently, the only legal one in Las Vegas is on Paiute land.

Penalties

The penalties for misusing hashish depends on the particular crime:

Hashish offense

Penalties in Nevada

Using in public (NRS 453.336)

Misdemeanor:

  • $600 fine

Being under the influence (NRS 453.411)

Misdemeanor:

  • Up to 6 months in jail, and/or
  • Maximum fines of $1,000

Possessing more than 1/8 oz. - but less than 1 lb. - for personal use (NRS 453.336)

1st or 2nd offense

Category E felony:

The judge usually orders probation for a first-time offense.

3rd or subsequent offense

Category D felony:

  • 1 – 4 years in prison, and
  • Up to $5,000 in fines (at the judge's discretion)

Possession with intent to sell (NRS 453.337)

1st offense

Category D felony:

  • 1 – 4 years in prison, and
  • Up to $5,000 in fines (at the judge's discretion)

The court may grant probation and a suspended sentence.

2nd offense

Category C felony:

  • 1 – 5 years in prison, and
  • Up to $10,000 in fines (at the judge's discretion)

The court usually may not grant probation and a suspended sentence.


3rd or subsequent offense

Category B felony:

  • 3 – 15 years in prison, and
  • Up to $20,000 in fines (at the judge's discretion)

The court usually may not grant probation and a suspended sentence.

Selling or transporting (NRS 453.321)

1st offense

Category B felony:

  • 1 – 6 years in prison, and
  • Up to $20,000 in fines (at the judge's discretion)

The court may grant probation and a suspended sentence.

2nd offense

Category B felony:

  • 2 – 10 years in prison, and
  • Up to $20,000 in fines (at the judge's discretion)

The court usually may not grant probation and a suspended sentence.

3rd or subsequent offense

Category B felony:

  • 3 – 15 years in prison, and
  • Up to $20,000 in fines (at the judge's discretion)

The court usually may not grant probation and a suspended sentence.

Processing hashish (NRS 453.3393)

Category C felony:

  • 1 – 5 years in prison, and
  • Maximum fines of $10,000 (at the judge's discretion)

The defendant may also have to pay any cleanup costs.

Trafficking - any action involving 1 lb. or more of hashish (NRS 453.339)

1 lb. to less than 20 lbs.

Category C felony:

  • 1 – 5 years in prison, and
  • Up to $25,000 in fines

20 lbs. to less than 100 lbs.

Category B felony:

  • 2 – 10 years in prison, and
  • Up to $50,000 in fines

100 lbs. or more

Category A felony:

  • 15 years – life in prison, and
  • Up to $200,000 in fines

Parole may be possible after 5 years.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.

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