Sale or Cultivation of Marijuana Charges in Las Vegas

Recreational marijuana has been legal in Nevada since 2017, but it remains highly regulated by Nevada’s Department of Taxation, and only licensed retailers can grow or sell marijuana statewide. If you are facing criminal charges for the unlawful sale or cultivation of marijuana, you should understand the laws that could impact your case and the penalties you might face if you are convicted.

What Are the Penalties for the Sale or Cultivation of Marijuana in Nevada?

The penalties for unlawful marijuana sale and cultivation under Chapter 453 of the Nevada Revised Statutes (N.R.S.) vary considerably based on the nature of the violation, any past violations, and certain other factors. Let’s explore the penalties for some common marijuana sale and cultivation offenses in Nevada:

• N.R.S. § 453.316 (Opening or maintaining a place for unlawful sale) – This law prohibits opening or maintaining any place for the unlawful selling, gifting, or usage of controlled substances, including marijuana. A first-time violation of this section is a category C felony, punishable by up to $10,000 in fines and one to five years in prison. Subsequent violations are category B felonies, punishable by one to six years in prison.
• N.R.S. § 453.321 (Importing, transporting, selling, or exchanging) – This law prohibits unauthorized persons from importing, transporting, selling, exchanging, bartering, supplying, prescribing, dispensing, administering, or giving away controlled substances. First-time violations are prosecuted as category C felonies. Second-time violations are category B felonies, punishable by two to ten years in prison and up to $20,000 in fines. Third and subsequent violations are also category B violations, but with stiffer penalties of three to 15 years in prison and up to $20,000 in fines per offense.
• N.R.S. § 453.339 (Trafficking marijuana or marijuana concentrates) – This law prohibits unauthorized persons from knowingly or intentionally selling, manufacturing, delivering, or bringing marijuana into the state. The law also prohibits possessing large quantities of marijuana, regardless of whether you intend to sell it. Possession of 50 to 999 pounds of marijuana or one to 19 pounds of concentrate is a category C felony, punishable by up to $25,000 in fines and up to five years in prison. Possession of 1,000 to 4,999 pounds of marijuana or 20 to 99 pounds of concentrate is a category B felony, punishable by two to ten years in prison and up to $50,000 in fines. Possession of 5,000 pounds or more of marijuana or 100 pounds or more of concentrate is a category A felony, punishable by 15 years to life in prison and up to $200,000 in fines.
• N.R.S. § 453.3393 (Cultivating marijuana or producing concentrates) – This law prohibits manufacturing, growing, planting, cultivating, harvesting, drying, propagating, or processing marijuana or marijuana concentrates. Cultivating more than 12 marijuana plants is a category E felony, punishable by one to four years in prison and a fine up to $5,000. Unlawfully extracting concentrated marijuana is a category D felony, punishable by one to four years in prison and up to $5,000 in fines.

There can be serious charges if you’re caught cultivating marijuana that can result in expensive fines, the loss of your freedom, and a criminal record that can follow you for the rest of your life. Our experienced criminal defense lawyers will work tirelessly to eliminate or mitigate these penalties. 

How to Fight Sale or Cultivation of Marijuana Charges

There may be several defenses that could apply to your case. A knowledgeable lawyer will examine the circumstances surrounding your case and identify appropriate defenses, such as:

• You have the proper licensure to cultivate or distribute marijuana.
• You only committed the alleged offense due to police entrapment.
• There is insufficient credible evidence or corroboration to convict you.
• Police officers failed to follow proper procedures while investigating or searching your property.
• You had only a small quantity of marijuana for personal use.
• The substances involved were not controlled substances.

Contact a Criminal Defense Lawyer for the Sale or Cultivation of Marijuana Charges for Help

Need to speak with a marijuana charges lawyer regarding the sale or cultivation of marijuana in Nevada? Contact the Joel M. Mann – Las Vegas Criminal Defense Lawyer to discuss your case in a free, confidential consultation.