Las Vegas Marijuana Defense Attorney

Protecting Your Rights in Nevada Cannabis Cases

While recreational marijuana became legal in Nevada on January 1, 2017, for adults 21 and older, you can still face serious criminal charges for cannabis-related offenses. From possession over the legal limit to driving under the influence and unlicensed sales, marijuana charges can result in jail time, steep fines, and a lasting criminal record.

At Pariente Law Firm, former prosecutor and former public defender Michael Pariente leads our team, providing skilled legal representation for those facing marijuana charges in Clark County. Whether you're dealing with possession charges, cultivation offenses, DUI allegations, or federal prosecution, you need an experienced attorney who understands both sides of the courtroom.

Contact us online or call (702) 466-1871 today to schedule a free consultation with our firm.

When You Still Need a Marijuana Defense Attorney in Nevada

Even with legalization, Nevada maintains strict regulations around cannabis. You could face criminal charges for:

Possession Over Legal Limits

Adults 21 years of age or older may legally possess up to 2.5 ounces of cannabis flower and up to one-quarter (¼) ounce of concentrated cannabis for personal use. These limits apply under Nevada’s adult-use cannabis laws (Nevada Cannabis Compliance Board).

Possession beyond these amounts is illegal and subject to criminal penalties under Nevada Revised Statutes (NRS) 453.336. The severity of the penalty depends on the quantity possessed and the circumstances of the offense.

Possession with Intent to Distribute or Sale

Selling marijuana without a license or possessing cannabis with the intent to sell remains illegal. Prosecutors examine factors such as quantity, packaging materials (scales, baggies), and your alleged behavior to prove intent to distribute.

Illegal Cultivation

Home cultivation is only legal if you live more than 25 miles from a licensed dispensary, with a limit of 6 plants per person and 12 plants per household maximum. Plants must be grown in an enclosed, locked area not visible to the public. Growing within 25 miles of a dispensary or exceeding plant limits can result in criminal penalties.

Public Consumption

Cannabis cannot be consumed in any public place or in a moving vehicle, even as a passenger. Public consumption is a misdemeanor punishable by a fine of up to $600. This includes casinos, hotel rooms, sidewalks, parks, and parking lots.

Driving Under the Influence

It is illegal to drive while impaired by marijuana in Nevada. Prosecutors may use evidence such as erratic driving, field sobriety tests, officer observations, and blood test results to prove impairment. 

The specific legal standards can vary depending on whether it's a first offense or a repeat DUI, and whether the incident resulted in injury. Marijuana DUI charges carry serious consequences, including jail time, license suspension, and substantial fines.

Federal Property Violations

Cannabis remains illegal under federal law and is classified as a controlled substance. Possession or use on federal property, including national parks, military bases (such as Nellis Air Force Base), and federally subsidized housing, can result in federal prosecution.

Underage Possession

Anyone under 21 cannot legally possess, purchase, or consume marijuana for recreational purposes. Minors face juvenile court proceedings and potential long-term consequences.

Nevada's Medical Marijuana Program

Nevada residents aged 18 or older who are registered cannabis patients may possess up to 2.5 ounces of marijuana for medical use. Qualifying conditions include cancer, glaucoma, AIDS, seizures, PTSD, chronic pain, and several other serious medical conditions.

Important notes about medical marijuana:

• You must possess a valid registry identification card issued by Nevada's Division of Public and Behavioral Health
• A doctor's recommendation alone is not sufficient (you need the official card)
• Medical cardholders still cannot drive under the influence or possess firearms while impaired
• Medical cannabis patients who are terminated for legal cannabis use outside work may have grounds to sue their employer

Federal vs. State Law: Understanding the Conflict

The differences between Nevada and federal laws can lead to challenges in knowing how and where different laws apply. While Nevada has legalized recreational cannabis, federal prohibition creates complications in several areas.

These include:

• Banking and financial services for cannabis businesses
• Employment at federal agencies or contractors
• Immigration consequences for non-citizens
• Federal property and national parks
• Interstate transportation (always illegal)

Non-citizens facing marijuana charges should seek immediate legal counsel, as even minor convictions can have severe immigration consequences, including deportation.

Contact us online or dial (702) 466-1871 now to schedule a consultation with an experienced Las Vegas marijuana defense attorney. We serve clients throughout Clark County, including Henderson and Paradise.