Medical Marijuana in Nevada

Las Vegas Drug Lawyer

Nevada's constitution was recently changed to recognize the legal use of medical marijuana. Governor Sandoval even signed a law that permits up to 66 dispensaries to give out medical marijuana in Nevada. That being said, there are still marijuana laws in place. The possession or cultivation of marijuana can still land you a misdemeanor or felony charge. Whenever you face drug charges, it can be a serious matter, even something that alters the rest of your life. Do not let your constitutionally protected ability to use medical marijuana turn into an undeserved conviction. Call Brown Law Offices to learn what we can do for you.

What is the legal use of marijuana in Las Vegas?

Your doctor can prescribe medical marijuana, and the recommendation for this therapy should be in writing. Under Nevada law, marijuana can be prescribed and used for AIDS, cancer, glaucoma, and more, even severe nausea or chronic pain. It should be noted that going to more than one doctor to get multiple prescriptions is called doctor shopping, and that is prescription fraud. If you get a prescription, then you will need to put into the state's registry. You will get an identification card that lists one primary caregiver, a non-physician who is at least 18 and helps you with medical treatment. You are also legally allowed to cultivate up to 12 mature cannabis plants for medical marijuana. You can possess up to 2.5 ounces for medical use. If a dispensary is within 25 miles from where you live, then you may have further limits on what you can cultivate.

Penalties You Could Face for Marijuana Charges

Especially if you have already been convicted before of a marijuana offense, the charges you face have now escalated. Possession of the smallest amount of marijuana is a misdemeanor, and you can be fined. If you are facing your fourth marijuana possession charge, then you are being charged with a felony. This could mean 1 to 4 years in prison and up to $5,000 in fines—for less than an ounce of marijuana. If you are charged with possession with intent to sell, the amount will not change the fact that this is always a felony offense. You could be charged with intent to sell just because someone thinks the amount you possess is too much for only personal use. Any sale or delivery convictions would mean a prison sentence, and perhaps thousands of dollars in fines. Some marijuana cultivation charges are also felonies.

Perhaps the most serious damage a felony conviction can inflict is on your personal record. This is something that every banker, landlord, or employer can see when he or she runs a background check. Being a convicted felon is a considerable obstacle to any job or housing application. If you do not take care of your marijuana charges, then you could suffer the consequences for the rest of your life. You should not have to pay for the medicinal use of marijuana.

What is a medical necessity defense?

Essentially, this means proving that the medical use of marijuana was necessary to avoid serious physical harm, even if it technically broke the law. It may be possible to prove that you believed you would suffer serious physical harm unless you used medical marijuana, that the threat to your health was enough to justify its use. With medical records and the testimony of medical professionals, we may be able to present this defense in a courtroom. This is the case even if you are not in the registry, or if you are charged with possessing or cultivating more than the legal limit for medical marijuana.

Las Vegas Marijuana Attorney Ready to Defend Your Rights

When you need legal representation that you can rely on, look to the Brown Law Offices. We are a Las Vegas criminal defense firm with years of legal experience that we could put to work on your defense. This includes decades of experience as former prosecutors. Having worked on the other side of these drug offense cases, we thoroughly understand how to counter the prosecution and craft a winning defense. If you are confronted with marijuana charges, one of our seasoned drug offense lawyers may be able to provide you the rigorous defense that you deserve. Do not hesitate to contact us so you can learn more about what we can do for you. You can call to schedule your free consultation. Do not wait. Act today to safeguard your future.