In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
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Call Us NowIs hashish legal in Nevada?
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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:
|
| Being under the influence (NRS 453.411) | Misdemeanor:
|
| Possessing more than 1/8 oz. – but less than 1 lb. – for personal use (NRS 453.336) | 1st or 2nd offense
Category E felony: Courts grant eligible defendants who plead guilty or no contest a deferral of judgment, which means the charge will get dismissed if the defendant completes various court-ordered sentencing terms. Otherwise, category E felony convictions carry probation and a suspended sentence, with a possible jail sentence of up to 1 year. (But if the defendant has two or more prior felony convictions, the court may order one to four years of Nevada State Prison and a maximum of $5,000 in fines.) |
| 3rd or subsequent offense
Category D felony:
|
|
| Possession with intent to sell (NRS 453.337) | 1st offense
Category D felony:
The court may grant probation and a suspended sentence. |
| 2nd offense
Category C felony:
The court usually may not grant probation and a suspended sentence. |
|
|
3rd or subsequent offense Category B felony:
The court usually may not grant probation and a suspended sentence. |
|
| Selling or transporting (NRS 453.321) | 1st offense
Category C felony:
The court may grant probation and a suspended sentence. |
| 2nd offense
Category B felony:
The court usually may not grant probation and a suspended sentence. |
|
| 3rd or subsequent offense
Category B felony:
The court usually may not grant probation and a suspended sentence. |
|
| Processing hashish (NRS 453.3393) | Category C felony:
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:
|
| 20 lbs. to less than 100 lbs.
Category B felony:
|
|
| 100 lbs. or more
Category A felony:
Parole may be possible after 5 years. |
Legal References
See Katelyn Newberg, Nevada’s drug classification for cannabis ruled unconstitutional, Las Vegas Review-Journal (September, 14, 2022)(“[This] ruling will prevent people from being prosecuted for marijuana-related crimes under laws that only apply to Schedule 1 drugs but don’t specifically reference marijuana.”).
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, 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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