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| Marijuana Laws in Nevada | |||
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| POSSESSION | |||
| Age 21 years or over, any amount (first offense) | misdemeanor | rehabilitation / treatment | $600 |
| Age 21 years or over, any amount (second offense) | misdemeanor | rehabilitation / treatment | $1,000 |
| Age 21 years or over, any amount (third offense) | gross misdemeanor | 1 year | $2,000 |
| Age 21 years or over, any amount (fourth offense) | class E felony | 1 - 4 years | $5,000 |
| Age less than 21 years less than 1 oz (first and second offense) | class E felony | 1 - 4 years** | $5,000 |
| More than 60 g | class E felony | 1 - 4 years | $5,000 |
| **Probation usually granted for 1st and 2nd offenses. Medical use permitted if less than 1 oz or 3 to 4 plants. |
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| SALE OR CULTIVATION | |||
| Less than 100 lbs (first offense) | felony | 1 - 6 years | $20,000 |
| Less than 100 lbs (second offense) | felony | 2 - 10 years | $20,000 |
| Less than 100 lbs (subsequent offense) | felony | 3 - 15 years | $20,000 |
| 100 to 2,000 lbs | felony | 5 years | $25,000 |
| 2,000 to 10,000 lbs | felony | 2 - 20 years | $50,000 |
| More than 10,000 lbs | felony | life*** | $200,000 |
| To a minor (first offense) | felony | 1 - 20 years | variable |
| To a minor (second offense) | felony | life | variable |
| Within 1,000 feet of school or other specifed areas | felony | double penalty | double penalty |
| ***Parole possible after 5 years. Medical use permitted if less than 1 oz (3 to 4 plants). |
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| MISCELLANEOUS | |||
| Paraphernalia possession | misdemeanor | 6 months | $1,000 |
| Paraphernalia sale | felony | 1 - 4 years | $5,000 |
| DETAILS | |||
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Possession of marijuana by persons 21 years of age or older is a misdemeanor and is punishable by a fine of $600 or possible drug treatment. For a second offense, the fine increases to $1,000. For a third offense, the punishment is up to one year in jail and a fine of up to $2,000. A fourth offense changes the classification to a felony and is punishable by 1 - 4 years in prison and a fine of up to $5,000. Possession of marijuana by persons under 21 years of age of less than one ounce of marijuana is a felony, punishable by 1 - 4 years in prison and a fine of up to $5,000. Probation is usually granted in lieu of imprisonment for first and second offenses, for third offenses, there is a presumption of imprisonment. Cultivation, delivery or sale of less than 100 pounds of marijuana is punishable by 1 - 6 years in prison and a fine of up to $20,000 for the first offense. For a second offense, the penalty increases to 2 - 10 years in prison and a fine up to $20,000. For a third or subsequent offense, the penalty increases to 3 - 15 years in prison and a fine up to $20,000. Cultivation, delivery or sale of 100 pounds or more is punishable by up to five years in prison and a fine up to $25,000. For amounts of 2,000 pounds or greater, the penalty increases to 2 - 20 years in prison and a fine up to $50,000. For amounts greater than 10,000 pounds the penalty can be up to life in prison, with the possibility for parole after a minimum of five years and a fine up to $200,000. It is an affirmative defense to any charge of possession, delivery or production of marijuana that the person is engaged in the medical use of marijuana if the amount is no more than one ounce of usable marijuana, three mature plants or four immature plants. Any sale to a minor is punishable by 1 - 20 years in prison for the first offense, and up to life for a second offense. Sale within 1,000 feet of a school, video arcade, public pool or youth center doubles the possible penalty. Possession of paraphernalia is punishable by up to six months in jail and a fine up to $1,000. Sale of paraphernalia is punishable by 1 - 4 years in prison and a fine up to $5,000. |
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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. 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. 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 any 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 threshold. For more information, see NORML's Drugged Driving (DUID) report. Marijuana 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 . |
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