Marijuana is the most frequently used drug in the United States, with an estimated
40 percent of American adults having admitted to trying the drug at least
once in their lives. While public attitudes and many state laws regarding
marijuana are changing, marijuana is still considered a Schedule I hallucinogenic
substance in the state of Nevada and its
possession is prohibited within the state. With that being said, if a person is arrested
for possessing a small amount of pot in Nevada, does this mean they will
go to jail? The answer: it depends.
First and second offense marijuana possession charges involving less than
1 ounce are charged as misdemeanors with
no jail time. While defendants may still be arrested and spend the night at the police
station, there is no period of incarceration attached to these offenses;
instead, defendants face alternative sentencing of up to $1,000 in fines
and mandatory drug assessment and treatment. With that being said, a person
can still face jail time if they do not pay the fine.
Subsequent marijuana possession offenses are punished far more harshly.
A third arrest for possessing 1 ounce or less of marijuana can bring up
to 1 year in jail and fines up to $2,000. If arrested a fourth time, these
charges are escalated to felony status and carry up to 4 years in prison
and $5,000 in fines upon conviction, with a mandatory minimum sentence
of 1 year in prison.
What If I Was Arrested for Possessing More than 1 Ounce?
Any possession charge involving more than 1 ounce of cannabis is a felony
in Nevada, even for a first offense. Las Vegas judges may sometimes grant
first offenders a suspended sentence and probation as long as the defendant
has never been convicted of any other drug crimes before, though this
is not guaranteed. If granted alternative sentencing, defendants are usually
required to go to drug court, allowing them to have their felony dismissed
upon completion. Otherwise, defendants may face standard category E felony
penalties, which include one to four years in prison and a possible $5,000 fine.
Regardless of the amount, being arrested for marijuana possession is a
serious matter that must be handled by an experienced attorney. If you
have been arrested for marijuana possession, our
Las Vegas drug crime lawyer at the Law Office of David R. Fischer can protect your rights and fight
to secure a reduction or dismissal of your charges on your behalf. Backed
by a “Superb” Avvo Rating and many
positive client testimonials, we have what it takes to minimize your chances of conviction.
Call (702) 866-9864 or
contact our office online today to discover your legal options.