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Will I go to jail for having a joint in Nevada?

Posted by Neil Shouse | Apr 06, 2015 | 0 Comments

Not for a first-time or second-time offense as long as the joint amounts to only one ounce (1 oz.) or less of marijuana.

Possessing up to 1 oz. of pot in Nevada is a misdemeanor. A first-time offense carries:

  • up to $600 in fines, and
  • perhaps rehab

Meanwhile, a second-time offense is also a misdemeanor and carries:

  • up to $1,000 in fines, and
  • perhaps rehab

Once a person racks up his/her third-time pot possession offense in Nevada, the D.A. will treat it as a gross misdemeanor in Nevada. This carries the possibility of incarceration:

  • up to $2,000 in fines, and/or
  • up to 364 days in jail

Finally, a fourth-time or successive offense of possessing less than 1 oz. of pot is a category E felony. This also carries the possibility of incarceration:

  • 1 to 4 years in Nevada State Prison, and
  • maybe up to $5,000 in fines

Note that the judge may choose to suspend the prison sentence and impose probation instead. Also note that possession of more than 1 oz. of marijuana is an automatic felony, though the judge may choose to suspend the prison sentence as well. Read more information on the Nevada crime of marijuana possession.

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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