Attorney Garrett T. Ogata Discusses Marijuana Laws in Nevada

While recreational marijuana is legal in the state of Nevada, there are still limitations and restrictions you should understand to avoid ending up on the wrong side of the law.

Pay Attention to the Possession Limits

Only legal adults–those over the age of 21–may possess up to one ounce of marijuana flower (bud) or ⅛ ounce of cannabis concentrate. If you are caught with more than the legal amount of cannabis on your person, you may be charged with a category E felony.

If you are caught with over one ounce of marijuana on your person, you may be eligible to plead no contest in exchange for a deferral of judgment. This means that the charge will be dismissed if you complete the appropriate court-ordered sentencing terms.

Not everyone is eligible for this defense. If you have two or more felony convictions, you may end up with 1-4 years in Nevada State Prison and/or receive up to $5,000 in fines. Category E felonies carry probation as well.

Smoke Only In a Private Residence

It is illegal to consume recreational marijuana outside of a private residence in Nevada. And it’s best to keep it in your own home because every homeowner has the right to forbid cannabis use on their property. Remember, it is still illegal to consume marijuana in hotel rooms, dorm rooms, office buildings, bars, stadiums, or other public spaces.

While the city of Las Vegas did legalize public pot consumption in certain social venues, the governor delayed the rollout of the legalization until late 2021. With COVID-19 considerations, it has been put on hold indefinitely.

Smoking cannabis in public is a misdemeanor and can carry a $600 fine throughout the state of Nevada.

A first offense of having more than 1 oz. but less than 14 grams is a category E felony. Courts grant eligible defendants who plead guilty or no contest a deferral of judgment, which means the charge will get dismissed if the defendant completes various court-ordered sentencing terms. Otherwise, category E felony convictions carry probation and a suspended sentence. (But if the defendant has two or more prior felony convictions, the court may order one to four years of Nevada State Prison and a maximum of $5,000 in fines.)

If you’ve been charged with a marijuana-related crime, contact attorney Garrett T. Ogata at (702) 707-7085 for the most skilled drug defense attorney in Las Vegas!

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