Nevada law makes it quite plain that simple possession of enumerated substances and/or drug paraphernalia constitutes grounds for arrest. Having a small amount of marijuana, for example, likely only subjects an individual to a misdemeanor prosecution, though an arrest will still occur and bail will have to be posted. No matter exactly the nature of the drug charges brought against you, you’ll want to take your case to an experienced, reliable Las Vegas criminal defense lawyer to protect your constitutional rights and pursue the best course of action.
Possession of substances that Nevada statutes deem a greater danger to public health and safety (cocaine, methamphetamine, heroin, etc) constitutes a felony, and penalties can rise to include incarceration in state prison with repeated offenses. Beyond simple possession cases, however, are charges that can be brought pursuant to state statute resulting from unlawful cultivation of drugs, particularly marijuana.
Cultivation Crimes in Nevada
Despite the fact that Nevada has legalized the use of marijuana for medicinal purposes for anyone with physician authorization, it is still quite possible to be charged for crimes relating to excessive cultivation of marijuana plants pursuant to NRS 453A.310. If you are found to be raising a number of plants greater than that allowable within your county jurisdiction, criminal charges may follow.
Punishments for unauthorized activities involving marijuana, including excessive cultivation, increase in relation to the amount of the substance at issue. If an amount greater than 100 pounds is involved, more severe laws pertaining to trafficking may come into play. Generally speaking, however, penalties tend track the following guidelines:
- First-time offenders may receive probation and a suspended sentence, though prison time and a sizable fine are definite possibilities.
- Second offenses do not qualify for probation, and incarceration of between two and ten years is possible.
- Third offenses can result in sentences of three to fifteen years in prison, as well as substantial fines.
Possible Drug Cultivation Sentencing Enhancements
Convictions on counts of unauthorized acts involving drugs such as marijuana are serious enough on their own, but can be eligible for significant sentence enhancement if the activities were found to occur:
- Within a thousand feet of parks, playgrounds, school facilities, public pools, youth centers or video arcades
- Within a thousand feet of school bus depots or stops, 60 minutes prior to the start of the school day or 60 minutes after the end of the school day
- At a Nevada System of Higher Education campus
Do Not Allow Fear to Keep You from Getting the Defense You Deserve
It is critical for anyone charged with a drug crime in Nevada to keep in mind that they enjoy the presumption of innocence from the moment of their arrest. In order to mount the most effective defense possible to charges such as drug cultivation in Las Vegas, it is essential to get the help of an experienced legal professional. Contact the Law Office of Benjamin Nadig, Chtd and allow our team to evaluate your case and start working to dismiss, reduce or, if necessary, strongly contest the charges against you in a court of law.