Known as the Silver State, marijuana was decriminalized in late 2000 and has a legal medical use status.
In Nevada, small amounts for personal use are ok, as long as you’re not caught (and prosecuted) more than twice. Personal use of one ounce (or less) is a misdemeanor with a maximum fine of $600 and no jail time. If you’re caught a second time, it’s the same thing, but the penalty increases up to $1000. If your caught a third time with an ounce, or less you could spend up to a year in jail and after a 4th similar offense you are booked with a felony and given a mandatory minimum sentence (MMS*) of 1 year and up to a $5,000 fine.
*What is the MMS law in Nevada? When someone is convicted of an offense punishable by the MMS, the judge MUST sentence the defendant to the mandatory minimum sentence or to a higher sentence! On top of this a person serving a mandatory minimum sentence is not eligible for parole. Ouch. So to put this into perspective, even peaceful marijuana smokers sentenced to “life MMS” must serve a life sentence. And don’t forget, there is no chance of parole.
Possession With Intent To Distribute
If you’re caught with the intent to distribute, the silver state tarnishes very quickly. As a dealer (of any amount), you are booked with a felony and slapped with a MMS of one year up to 4 and don’t forget to add a maximum fine of $5,000. If you’ve previously been convicted of 2 or more drug felonies and are caught a third time, you’re looking at a MMS* of 3 years up to 15, along with a $20,000 fine.
Selling Marijuana In Nevada
Nevada frowns upon the illegal sale of marijuana. If you are busted selling less than 100lbs (first offense), it’s a felony, a 1 year mms up to 6 years and a max fine of $20,000. Second and third offenses jump to 2 year mms and a 3 year mms respectively. If you get busted for selling over 10,000lbs of marijuana in Nevada, it’s a felony, a 2 year mms up to life behind bars and a fine of $200,000. The fine part always gets me because it’s laughable that you owe the state money but have no way of paying it if you are in prison for life. A fine of $200,000 sounds better than life behind bars to us any day of the week!
Nevada’s paraphernalia laws are equally harsh. Simple possession of paraphernalia is a misdemeanor that can land you in the slammer for 6 months with up to $1,000 in fines. If you’re charged with intent to sale, deliver or manufacture paraphernalia it’s an automatic felony with a MMS* of 1 year and up to 4 – plus a $5,000 fine.
Interestingly enough Nevada prosecutes Hash and concentrates the same as Marijuana, which is unique in that the former can be two to twenty times stronger in hallucinogenic alkaloids!
The state has somewhat decriminalized marijuana possession for personal use, hence no prison time for first, or second-time offenders (up to 1 ounce), which is pretty much treated like a minor traffic violation. Nevada has enacted medical marijuana laws, including required, state-issued stamps, affixed to your product. Not purchasing, or affixing the tax stamp to your product can create a fine and/or criminal charges.