You may not always know where you stand when it comes to the marijuana laws of Nevada and admittedly they can be confusing, so here’s a good break down in case you have found yourself in trouble.
With the exclusion of residents who are able to have a medical marijuana card, it is illegal to possess Marijuana. Under Nevada Revised Statute’s “NRS” Section 435A. If you have been diagnosed with a chronic illness or disease by a Nevada doctor and your doctor recommends the use of marijuana for medical purposes to assist in your medical treatment, you can apply for a Nevada Medical Marijuana card. If your application is granted and you are given a card, you or your caregiver can legally possess up to two and a half ounces of usable marijuana, in addition to twelve marijuana plants, regardless of the stage of the plants development.
If you do not have a marijuana card there are a few laws to keep in mind:
As a general law, if you are found to be in possession of 1 ounce (28 grams) of marijuana or more you will be facing felony charges. If you are found to be in possession of marijuana that is less 1 ounce is a misdemeanor, for the first 2 convictions. The 3rd conviction is a gross-misdemeanor meaning you would spend up to one year in jail. However, if you are found to be in possession of marijuana for a 4th time or more, with less than 1 ounce that charge will be considered a felony.
Remember in Super Troopers when the Schnozberries, tasted like Schnozberries? Well, in general if you get pulled over by an officer – don’t ingest your marijuana. Nevada law states that you can possess less than an ounce of Marijuana and it’s only considered a Misdemeanor, but the moment you ingest the drug, it’s considered a Felony (Under the Influence of a Controlled Substance).
For laws concerning marijuana and driving under the influence remember that for the first time it is mandatory to be sentenced 2 days to 6 months in jail. The second time is a minimum of 10 days to 6 months.
After a 1st or 2nd time offense, the Judge is technically required to sentence you anywhere from 2 days to 6 months of jail time, with a fine of up to $1,000 and it is required to later take DUI educational courses. However, the consequences of a Marijuana DUI are strictly based on your criminal history over the years as well as the circumstances of the case itself.
You may even be told to attend a court ordered drug and alcohol evaluation by a licensed substance abuse counselor who will assess you for drug and/or alcohol abuse. This counselor will create an evaluation based on what he or she observes, which will later be presented to the Judge.
The Judge may use these observations to determine what additional counseling might be necessary such as random drug tests and counseling for up to one year.
If you think those consequences are harsh, remember if convicted for a 1st or 2nd time DUI with a Marijuana Offense you are not able to seal your criminal record until seven years after your case has been closed.
If you were convicted of a DUI with a Marijuana offense for a third time or more within seven years, you would be charged with a Felony and have to face 1 to 6 years in prison.