The cultivation of marijuana in Las Vegas, Nevada is a Felony, the penalties for said offense are proscribed in Nevada Revised Statute “NRS” 453.321. According to “NRS” 453.321, if convicted of Marijuana Cultivation a first time offender is facing 1-6 years of prison, with the potential of being granted probation, in addition to a fine of up to $20,000. If convicted for a second time, prison is mandatory and you would face 2-10 years of prison, in addition to a fine of up to $20,000. If convicted for a third time, you would face a mandatory prison sentence of 3-15 years, in addition to a fine of up to $20,000.
Pursuant to SB374 one can apply through the state of Nevada to be a licensed Medical Marijuana Cultivator and sell marijuana to locally licensed dispensaries. The application process of applying for a Medical Marijuana Cultivation license is very technical, and the assistance of a criminal defense attorney with knowledge of this bill is essential to navigating this complex process. If granted a Medical Marijuana Cultivation license, legally you could cultivate, produce and sell marijuana to local dispensaries, but this activity is clearly illegal under Federal law. And until congress creates and passes a law legalizing medical marijuana, including the cultivation and sale of it for medical purposes, anyone involved in this process could be charged under Federal law. Although it is worth noting the Department of Justice has stated they do not intend to prosecute individuals who are licensed by their home state to cultivate marijuana.
Las Vegas Criminal Defense Attorney Michael A. Troiano is experienced in defending his clients for a variety of drug charges ranging from a first time possession of drugs and/or paraphernalia charge, to the most serious of offenses including Marijuana Cultivation. He will discuss all possible defenses on your Marijuana Cultivation charge and work towards a dismissal or reduction to a lesser non drug related charge and help you avoid prison. Additionally, Mr. Troiano is experienced and well versed in all Nevada laws regarding Medical Marijuana Cultivation, and can discuss with you the application process for obtaining a Medical Marijuana Cultivation license.