Selling or Growing Marijuana
If you are accused of the cultivation or sell of marijuana or committing any other unauthorized act under Nevada Revised Statute NRS 453.321 then call our office to discuss the case. Other prohibited acts that can be prosecuted under that statute include transporting, distributing or selling cannabis (also called pot and weed). Lesser included offenses can include possession under NRS 453.336 or possession for the purpose of sale under NRS 453.337.
Las Vegas Cannabis Cultivation and Sale Defense Lawyer
It takes a focused and skilled criminal defense attorney to assert all available defenses. Michael Pariente can investigate the facts of your case to uncover evidence that the stop or arrest was illegal which might result in the suppression of evidence or dismissal of charges. We fight marijuana crime throughout the greater Las Vegas area and the surrounding areas of Nevada. Call Michael Pariente at Pariente Law Firm, P.C. to discuss your case.
Info on Charges for Marijuana Sale and Cultivation
If you are accused of growing marijuana in the State of Nevada then certain defenses under the medical marijuana provisions might apply. A showing under this provision requires eligibility under the Nevada Medical Marijuana Program. Requirements also include a showing that the cultivation was for medicinal purposes. Other conditions apply. If these showings can be made, then a criminal defense attorney can assert this valid defense in a motion to dismiss under NRS 453A.310. Other defenses can be asserted including the necessity defense.
Call us to learn more about how the medical marijuana defenses are viewed by law enforcement officers, prosecutors and courts throughout this state.
The penalties under Nevada law are more serious if it is alleged that you sold marijuana to another person. In many sale of marijuana cases, law enforcement officers will use a confidential informant or an undercover officers to engage in the transaction. The entrapment defense may apply when the officers manufacture a crime in an elaborate sting operation.
The sale or cultivation of marijuana is a category B felony. The penalties can be enhanced for subsequent convictions.
- For a first offense the penalties can include either the court granting probation and suspending the sentence. Alternatively, the court can impose a penalty of one to six years in prison with a fine of up to $20,000.
- For a second offense the penalties are increased to two to ten years in prison with a fine of up to $20,00.
- For a third offense the penalties are three to fifteen years in prison with a fine of up to $20,000.
When it is alleged that the marijuana weighed 100 pounds or more, then the offense can be prosecuted as trafficking. Enhanced penalties can also apply if the unauthorized act involved a minor child. For instance, selling marijuana to a minor child is a category A felony. The penalties are even more severe for a second offense of selling cannabis to a minor child including a sentence of 15 years to live with the possibility of parole after five years and fines of up to $20,000. See NRS 453.334.
Penalties can also be enhanced if the crime took place at a specified location include:
- on a college or university campus within the Nevada System of Higher education;
- within a thousand feet of a school (or certain placed children are known to congregate such as a youth recreation center, video arcade, public swimming pool or pubic park); or
- within a thousand feet of a school bus stop (during the hours school is in session or the hour before or after school is in session).
See NRS 453.3345.
Finding a Marijuana Cultivation or Sell Defense Attorney in Nevada
After an arrest for either growing or selling cannabis in the State of Nevada, contact Michael Pariente to discuss the facts of the case. Find out how an aggressive approach that involves filing and litigating all viable motions often leads to the best results. Learn more about important defenses that can be asserted in drug cases throughout the state.