6 Marijuana Offenses in Nevada

Across the country, marijuana regulations are being radically changed by state legislatures as well as through voter initiatives. The movement to decriminalize marijuana has never been stronger, and significant shifts in the law have already been recognized. While there has been apparent change nationally, especially in Nevada, there are still marijuana offenses that are clearly being overlooked.

It is now legal in Nevada to possess up to 1 oz. of marijuana. But using it in public is still a misdemeanor, carrying a $600 fine. And only adults 21 and older may possess it for personal use unless they have a valid medical marijuana card. In Las Vegas, it’s a felony charge if caught possessing more than 1 oz. of marijuana and possessing 50 lbs. or more is automatically prosecuted as trafficking, which may carry years in State Prison.

Below are six marijuana offenses in Nevada, and the Reno area, that you need to be aware of.

Possession of Marijuana

  •  Actual possession means physically holding or carrying the marijuana on one’s person. An example is keeping an edible in one’s pocket or handbag.
  •  Constructive possession means storing or keeping marijuana in a place the person has control over. Examples include one’s room, car, office, or storage facility.
  •  Joint possession means when more than one person has possession of marijuana. An example is when two roommates keep their stash of weed in their living room.

Possession of marijuana is one of the largest marijuana offenses Joey Gilbert Law sees in Reno. Individuals often think because it is legal, that they have free reign of possession, and it’s simply not true.

Possession for Sale

  •  Recreational marijuana is legal in Nevada, but only licensed dispensaries are permitted to hold it for sale. Possessing marijuana with the intent to sell outside of this regulatory system is a serious felony. A first offense of possession for sale on the black-market carries 1-4 years in State Prison, up to $5,000 in fines, and a 5-year waiting period to seal your record.

Smoking in Public

  •  In the state of Nevada, recreational marijuana is only allowed to be consumed in private residences. This does not include secondary, undergraduate, or graduate schools – which follow a zero-tolerance drug policy for both students and staff.

DUI with Marijuana

  •  Nevada law treats marijuana like alcohol when it comes to driving. Marijuana is still a mind-altering drug and is treated with the same intent as open-container laws. If you have pot in the car, it should be in a sealed bag, locked in glove compartment or the trunk. Drivers should also be aware of laws prohibiting crossing state lines with marijuana, even if it is legal in both states.


  • Nevada marijuana law permits recreational marijuana cultivation of up to 6 plants (a maximum of 12 per household) only if the grower is more than 25 miles from the nearest licensed dispensary. Growing more than 12 plants is considered a felony.

Selling Marijuana

  •  Selling marijuana is a felony in Nevada unless it is done through a licensed dispensary. These dispensaries are stiffly regulated, and the marijuana is heavily taxed and can be expensive. The penalties for violating Nevada marijuana laws are harsh and have not changed with legalization.

A first offense of illegally selling pot carries up to 6 years in Nevada State Prison and a $20,000 fine. And convicted immigrants will be immediately deported.

Reno Criminal Defense Lawyer

  •  Regardless of the offense, all marijuana offenses should be taken seriously because they can easily lead to large fines and incarceration. If you have been charged with any of these marijuana offenses, contact a criminal defense lawyer such as Joey Gilbert Law immediately. We may be able to get the charges lessened or dropped completely so your record stays clean.

For more information, visit our Nevada Marijuana Laws FAQ.