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Las Vegas Marijuana Possession Defense Attorneys
The state of Nevada was one of the first to legalize marijuana for both medicinal and recreational use, but that does not mean prosecutors are not still serious about filing charges for possession of more than the allowed amount. Rules are strict regarding amounts and where marijuana can be consumed, as public intoxication applies just as with alcohol. And the packaging of the substance can also result in criminal charges even if the amount is less than 28 grams, which equals the one-ounce limit. Defending criminal charges for possession of marijuana can still require aggressive representation from Las Vegas marijuana possession defense attorneys like Gary Guymon when certain factors exist.
Simple possession of marijuana in Nevada now requires the amount to be above the one-ounce limit unless in concentrated form (3.5 grams), and those with medical marijuana authorization can be charged with simple possession as well if they have beyond their designated limit. Medical marijuana patients can actually possess considerably more than a recreational user, and many times cases can be deferred for later judgment when the product is verifiable for personal use. Simple possession is now processed as a misdemeanor when no extenuating circumstances exist, and fines are capped at $600.
Possession for the Purpose of Sell
Trafficking in marijuana is still a felony charge in Nevada, and the one-ounce limit may not apply if the substance is packaged in small quantities as clear possession for the purpose of sell. This is a nuance in the law that some prosecutors may want to apply in some instances. Any selling or possession for purpose of sale beyond the one-ounce personal possession limit is also a Class D felony, even though standard possession is a Class A misdemeanor, and class level will increase as the amount increases when material factors indicate obvious possession for the purpose of sell. Felonies carry 1-4 years of incarceration following a conviction.
Felony possession of marijuana is typically reserved for larger amounts, but felony status can still be applied when case details show an intent to distribute or blatantly disrespect the limit law. Felony possession is typically applied in amounts well over the one-ounce limit but under 100 lbs. While possession of a bale could justify trafficking in marijuana charges if it is over 50 lbs, this is still an area where solid legal representation from reputable marijuana possession defense attorneys like Gary Guymon can be a real advantage when a case is being negotiated for a charge reduction.
Another component of the new marijuana legalization law is the right to the cultivation of six plants for personal consumption. In addition, the weight generated when harvesting the six-plant limit can still be allowed even if it surpasses the legal limit for personal possession purchased through state-licensed outlets. Medical marijuana patients can also practice cultivation, and some case charges can be amended when material case factors indicate true personal use as the reason for over-cultivation.
Contact the Marijuana Possession Defense Attorneys at Gary L Guymon PC
All marijuana possession defense attorneys in Las Vegas understand that possession can still be a serious legal matter, and it is always best to have solid representation from a reputable Las Vegas lawyer like Gary Guymon from Gary L Guymon PC for a successful case outcome. Gary Guymon has excellent standing among Nevada marijuana possession defense attorneys, and prosecutors know the defendant is serious about fighting the charge with Gary handling their cannabis possession case.