Sale of Controlled Substance in Nevada: Marijuana
An offender may be charged pursuant to NRS 453.321 with sale of a controlled substance if they unlawfully import, transport, sell, exchange, barter, supply, prescribe, dispense, give away or administer a controlled or counterfeit substance; manufacture or compound a counterfeit substance; or offer or attempt to do any act set forth above.
Punishment for Sale of Controlled Substance
Unless a greater penalty is provided if a person violates these provisions, and the controlled substance is classified in schedule I or II, the person is guilty of a category B felony and shall be punished for the first offense, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $20,000. Despite state legalization for medical purposes Marijuana is presently a schedule I drug in the United states.
For a second offense, or if, in the case of a first conviction, the offender has previously been convicted of an offense under this statute, would amount to an offense punishable by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $20,000.
For a third or subsequent offense, or if the offender has previously been convicted two or more times which would amount to an offense under this statute, the offense is punishable by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $20,000 for each offense.
The court cannot grant probation to or suspend the sentence of a person convicted for this offense two or more times.
Enhanced Penalties Apply in Some Cases
Aside from the penalties mentioned above, an offender faces harsher penalties for sale to a minor. Penalties for a first offense include a fine, between one and 20 years in prison, or both. A second offense carries a fine, life in prison, or both.
Additionally, an offender may be charged with sales within a school zone. Penalties are doubled for an offense that took place within 1,000 feet of a school, playground, youth center, video arcade, bus stop (during school hours); or while on a school bus.
Defenses to Sale Of Controlled Substance – Marijuana
The defenses you may use against a charge involving unauthorized acts with marijuana depend on the specific act that you were accused of and the facts of your case. One plausible defense for “unauthorized acts” in Nevada include showing that you are a licensed cultivator, dispensary or production license holder the Nevada Medical Marijuana Program.
Another valid defense is entrapment. After arrest, most people have Entrapment as their first thought. However, this is actually an extremely difficult standard to meet. Police officers are allowed to lure unsuspecting drug dealers into selling them marijuana so that they can then arrest the dealer.
If there is no video or audio evidence of the sale it may be possible to beat the charges if the officer lacks credibility and/or that there is little physical evidence to corroborate the officer’s testimony. An uncompleted sale may lead to an “attempt” charge. For example, if your case involves only an “offer to sell” and therefore no marijuana or money has been exchanged, there is a lack of corroboration because there is no physical evidence.
However, most controlled purchase cases involve much set-up and preparation and deeper investigation may show abuses in obtaining the evidence that lead the police to the seller to begin with. A comprehensive review of the evidence and case file will need to be conducted by an experienced attorney to find these defenses.
On a charge of Sale of Marijuana, bail amounts depend on the category of felony, but range from $5,000 to ‘No Bail’, where the Court would need to set the bail after the defendant appears to answer the charge.
If you have been charged with this, or any other marijuana related offense, call The Wright Law Group, P.C. today at 702-405-0001 for a free consultation with an attorney.