Nevada: Medical Marijuana Law Overview and State Fines/Penalties

[David Bowman]

Penalty Details
Marijuana is a Schedule I hallucinogenic substance under rule by the Nevada State Board of Pharmacy as authorized by the Nevada Uniform Controlled Substances Act.

See:

• Nevada Rev. Stat. § 453.146
• Nevada Admin. Code § 453.510

Possession for Personal Use
Possession of 1 ounce or less of marijuana is a misdemeanor punishable by a fine up to $600 or mandatory assessment for addiction for the first offense. A second offense is a misdemeanor punishable by up to $1,000 or mandatory treatment. A third offense is a gross misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $1,000. A fourth or subsequent offense is a category E felony punishable by a minimum of 1 year and maximum of 4 years imprisonment and a fine up to $5,000. The court shall, in most situations, defer imposition of this sentence and have the defendant enter into conditional probation.

See:

• Nevada Rev. Stat. § 193.130
• Nevada Rev. Stat. § 193.140
• Nevada Rev. Stat. § 453.336

Use of marijuana without authorization is a category E felony punishable by a minimum of 1 year and maximum of 4 years imprisonment and a fine up to $5,000.

See:

• Nevada Rev. Stat. § 453.411

Possession with Intent to Distribute
Possession with intent to distribute any amount of marijuana is a category D felony punishable by a minimum of 1 year to maximum of 4 years imprisonment and a fine up to $5,000. This offense is a category C felony punishable by a minimum of 1 year and maximum of 5 years imprisonment and fine up to $10,000 if it follows a felony conviction of any drug offense in any state or at the federal level. A third offense of this type or a conviction of this offense if the defendant has 2 or more felonies for drug offenses in any state or at the federal level is a category B felony punishable by a minimum of 3 years and maximum of 15 years imprisonment and a fine up to $20,000.

See:

• Nevada Rev. Stat. § 193.130
• Nevada Rev. Stat. § 453.337

Sale/Delivery
Sale or delivery of less than 100 pounds of marijuana is a category B felony punishable by a minimum of 1 and maximum of 6 years imprisonment and fine up to $20,000 for the first offense. A second offense is punishable by a minimum of 2 and maximum of 10 years imprisonment and fine up to $20,000. A third offense is punishable by a minimum of 3 and maximum of 15 years imprisonment and a fine up to $15,000. Sale or delivery of 100 pounds or more but less than 2,000 pounds of marijuana is a category C felony punishable by a minimum of 1 year and maximum of 5 years imprisonment and a fine up to $25,000. Sale or delivery of 2,000 pounds or more but less than 10,000 pounds is a category B felony punishable by a minimum of 2 years and maximum of 10 years imprisonment and a fine up to $50,000. Sale or delivery of 10,000 pounds or more is a category A felony punishable by up to life imprisonment and a fine up to $200,000.

See:

• Nevada Rev. Stat. § 193.130
• Nevada Rev. Stat. § 453.321
• Nevada Rev. Stat. § 453.339

A second or subsequent offense of selling marijuana to a minor is a category A felony punishable by up to life imprisonment and a fine up to $20,000. The person may additionally be responsible for paying for the costs of the minor's drug treatment costs.

See:

• Nevada Rev. Stat. § 453.334

Cultivation
Cultivation of 100 pounds or more but less than 2,000 pounds of marijuana is a category C felony punishable by a minimum of 1 year and maximum of 5 years imprisonment and a fine up to $25,000. Cultivation of 2,000 pounds or more but less than 10,000 pounds is a category B felony punishable by a minimum of 2 years and maximum of 10 years imprisonment and a fine up to $50,000. Cultivation of 10,000 pounds or more is a category A felony punishable by up to life imprisonment and a fine up to $200,000.

See:

• Nevada Rev. Stat. § 193.130
• Nevada Rev. Stat. § 453.339

Hash & Concentrates
In Nevada, hashish and marijuana concentrates are punished under the State's marijuana penalties, with penalty levels based on the weight of the hashish present. See Nevada's marijuana penalties section above for further details.

See:

• Nevada Rev. Stat. § 453.096

Paraphernalia
Possession or use of paraphernalia is a misdemeanor punishable by up to 6 months imprisonment and/or a fine up to $1,000. Sale, delivery, manufacture, or possession with intent to sell or deliver paraphernalia is a category E felony punishable by a minimum of 1 year and maximum of 4 years imprisonment and a fine up to $5,000.

See:

• Nevada Rev. Stat. § 193.150
• Nevada Rev. Stat. § 453.560
• Nevada Rev. Stat. § 453.566

Sale or delivery of paraphernalia to a minor by an individual aged 18 years or older who is at least 3 years older than the minor is a category C felony punishable by minimum of 1 year and maximum of 5 years imprisonment and a fine up to $10,000. The offender may also be ordered to pay restitution to the minor for treatment costs.

See:

• Nevada Rev. Stat. § 453.562

Sentencing
The court may suspend proceedings against persons who are charged with first time possession or use offenses after a finding of guilty and instead impose conditional probation which will include either a drug education or treatment program. Upon successful completion of the terms of the probation, the proceedings against the defendant will be dismissed.

See:

• Nevada Rev. Stat. § 453.3363

First time offenders may be eligible for probation, but probation is generally not allowed for second or subsequent offenses.

See:

• Nevada Rev. Stat. § 453.321(3)

Misdemeanor sentences may be replaced in part or whole by community service.

See:

• Nevada Rev. Stat. § 193.150

Forfeiture
Vehicles and other property may be seized for controlled substance violations. The state has 60 days after seizure to file a forfeiture proceeding. They must notify all those who have an interest in the property. A person with an interest in the property must file a response within 20 days of service.

See:

• Nevada Rev. Stat. §§ 179.1164 - 179.1171
• Nevada Rev. Stat. § 453.301

Miscellaneous
Knowingly maintaining a structure used for drug offenses
Opening or maintaining a place for the purpose of selling, giving away, or using marijuana is a category B felony punishable by a minimum of 1 year and maximum of 6 years imprisonment and a fine up to $10,000. A second offense of this type or a first offense of this type if the offender had a previous drug-related felony is a category B felony punishable by a minimum of 2 years and maximum of 10 years imprisonment and a fine up to $20,000.

See:

• Nevada Rev. Stat. § 453.316

Controlled substances homicide
If marijuana proximately causes the death of a person, the person who delivered the marijuana to him may be guilty of murder.

See:

• Nevada Rev. Stat. § 453.333

Civil penalties
The state of Nevada is entitled to civil penalties recoverable from certain marijuana offenders. If the amount involved was 100 pounds or more but less than 2,000 pounds, the state is entitled up to $350,000. If the amount was 2,000 pounds or more but less than 10,000 pounds, the state is entitled up to $700,000. If the amount was 10,000 pounds or more, the state is entitled to $1,000,000.

See:

• Nevada Rev. Stat. § 453.5531(1)

Driver's license suspension
If a child is adjudicated delinquent for the unlawful act of using, possessing, selling or distributing a controlled substance... the juvenile court shall: (a) if the child possesses a driver's license, issue an order suspending the driver's license of the child for at least 90 days but not more than 2 years.

See:

• Nevada Rev. Stat. § 62E.630

CONDITIONAL RELEASE

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

DECRIMINALIZATION

The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

DRUGGED DRIVING

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

MANDATORY MINIMUM SENTENCE

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

MEDICAL MARIJUANA

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML's Medical Marijuana section.

TAX STAMPS

This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties.

Source: NORML: Nevada Laws & Penalties