Las Vegas Marijuana Defense Attorney

Possible Defenses to Marijuana Possession

If you are being charged with marijuana possession, the fact that marijuana is becoming a more widely accepted form of medication could be a factor in your defense. As a former Chief Deputy District Attorney, Philip Brown knows how prosecutors operate, and how to strategize for your legal defense.

Our firm can take a look at a wide range of defense options, which will include looking to see if the following is true of your situation:

• You had a prescription for medical marijuana
• The dispute and instability regarding this drug may be helpful in having your charges reduced or dropped altogether
• Law enforcement officers may have overstepped the bounds of the law in regard to search and seizure or during your arrest
• Law enforcement may have not had probable cause for your arrest

In cases where evidence has been obtained illegally, we will act fast to bring this to the attention of the court. While marijuana is still classified as a Schedule I drug, it is not as harshly punished as other drugs in the same category.

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.

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.