As of January 1, 2017 any adult 21 years or older, may legally posses up to one ounce of Marijuana (28 grams), in Las Vegas, Nevada. But, Possession of Marijuana in any amount, for an individual under the age of 21, is still a criminal offense, which ranges from a misdemeanor to a felony depending on the quantity of the marijuana, and your prior criminal history. Any adult 21 years or older, who is in possession of more than one ounce of Marijuana (over 28 grams), will be charged with a Felony.
Under the law, there are two types of possession. First, you have “actual” possession, where the drugs are in your pocket or purse, or located somewhere on your “person”. Another type of possession is “constructive” possession. For example, if you ran inside the gas station to buy a pack of gum, and the police saw a baggie of marijuana inside your vehicle in plain view, you don’t actually possess the marijuana at that moment, but you will be charged with Possession of Marijuana just the same because you are deemed to have “constructive” possession of your car and everything inside it.
A minor who is found in possession of less than one ounce of marijuana, for a first and second time offense, will be charged with a misdemeanor. If a minor is charged with possession of less than one ounce of marijuana for a third time they would be charged with a gross misdemeanor and face up to one year in jail. A fourth time offense, as a minor for any amount of Marijuana, is a Felony and has a potential of 1-4 years of prison.
Possession of more than one ounce of marijuana, is a felony offense. If charged with a first time offense of possession of more than one ounce of marijuana, you are facing up to 1-4 years of prison, probation may be granted and many times as a condition of probation the judge will require you to successfully complete a drug treatment program, typically referred to as “Drug Court”. The penalties for a second or third time offense of Possession of Marijuana one ounce or more range from a 1-4 year prison sentence and a fine of $5,000 to $20,000. Additionally possession of larger amounts of marijuana can lead to Marijuana Trafficking charges, which carry high mandatory prison sentences.
Las Vegas Criminal Defense Attorney Michael A. Troiano is experienced in defending his clients for a variety of marijuana related offenses ranging from a first time possession of marijuana and/or paraphernalia charge, to the most serious of Marijuana Trafficking offenses. He will discuss all possible defenses on your marijuana case and work towards a dismissal or reduction to a lesser non drug related charge and help you avoid jail or prison.