Ron Strider
Well-Known Member
News of the marijuana industry in Nevada is moving faster than the Truckee River these days.
Between the Department of Taxation's development of temporary regulations and the more than dozen bills passing through the state Legislature, most Nevadans cannot keep up with what they are allowed to do with pot.
Can you legally buy it anywhere right now?
Can you smoke it on your front porch?
Can you grow cannabis plants in your closet?
While some answers can be found in existing law, others are found in the developing regulations, and some simply don't exist yet.
The Reno Gazette-Journal recruited Department of Taxation spokesman Stephanie Klapstein and Reno Police Deputy Chief Tom Robinson to help us sift through some of the common questions we've been hearing, and some of the ones our readers have submitted.
Frequently asked questions about recreational marijuana in Nevada:
WHERE TO BUY POT
Q: Is there anywhere that people can legally buy recreational marijuana in Nevada currently? Not yet. The state first has to license stores and other marijuana businesses for the retail market.
Q: When will recreational marijuana be available legally, and where will people be able to buy it? The goal is to have some marijuana retail stores licensed by July 1, 2017. After they've received licenses, they can begin selling product. As far as where people can buy it, they'll have to check with existing medical marijuana dispensaries to see if those dispensaries have been licensed to sell recreationally.
Q: What is the "early start" program, when does it begin and how long does it last? The temporary program opens up a limited retail marijuana market before the January 1, 2018, start date required by Ballot Question 2. The goal is to have the temporary program begin on July 1 and run through the end of 2017. The permanent — or "regular" program — is set to begin January 1, 2018.
Q: How much will an ounce of recreational marijuana (the legal amount per person) cost once it's made available? That will be determined by the sellers and the market.
Q: Will people be able to buy an ounce of recreational marijuana and then buy another somewhere else the same day, or is there some kind of tracking of purchases? The law prevents the state from requiring retail marijuana stores to acquire or record personal information about consumers (other than the kind of information you would normally share when you go to buy liquor). This means that, even though the purchase itself will be tracked, the tracking won't contain information about the individual customers. However, a person can only legally possess up to an ounce of marijuana or 1/8 of an ounce of concentrated marijuana at any given time. If someone were to make two separate purchases of an ounce of marijuana, and they were in possession of both ounces, they would be violating the law.
Q: If people cannot legally buy or sell marijuana from each other, can people legally donate marijuana to each other? If so, how much? The law allows people 21 or older to give up to an ounce of marijuana or 1/8 of an ounce of concentrated marijuana to another person 21 or older. However, there can be no money exchanged for the gift and it can't be advertised or promoted to the public.
Q: Can medical marijuana cardholders donate their marijuana to non-cardholders? No. As it stands right now, under Nevada Revised Statute 453A, they are not permitted to do this.
WHERE TO GET HIGH
Q: Is there anywhere besides peoples' own homes where they can consume marijuana? People can only consume marijuana on private property (and as long as the property owner hasn't prohibited it).
* Editor's note: Sen. Tick Segerblom (D-Las Vegas) has a bill at the Nevada Legislature that would give certain businesses, including music venues, the ability to apply for special permits to temporarily or permanently allow marijuana on-site, although this bill has not passed all the requirements needed to become a law at this time.
Q: If people are on their own properties, but they can still be seen in public, can they still consume marijuana? For example, take someone who is in the front yard of their property... There is nothing in the retail marijuana law (NRS 453D) that prohibits someone from consuming marijuana on their own property even if it's in view of or close to other people. Common sense would suggest people be aware of and respectful of their neighbors and community members.
Q: Do landlords have the right to kick someone out for possessing, growing or consuming marijuana? This is an area of law not covered by the retail marijuana law (NRS 453D). According to the language written into the law, a private property owner is not prohibited from restricting marijuana activity (including smoking or growing marijuana) on that property. Nevada's landlord and tenant laws (NRS 118A) address evictions.
Q: Can people consume marijuana at concerts and festivals? No. This would be considered public consumption, which is illegal.
* Editor's note: Sen. Tick Segerblom, D-Las Vegas, has a bill at the Nevada Legislature that would allow certain businesses, including music venues, apply for special permits to temporarily or permanently allow marijuana on-site, although this bill has not passed all the requirements needed to become a law at this time.
Q: Can a business prohibit people from bringing marijuana on its property, even if it's not in sight? For example, if it's in a person's pocket, can a business prohibit it on site? Question 2 doesn't address this, so we don't have the answer.
Q: Does a business have the right to tell people that they can smoke marijuana on-site? For example, can a bar allow people to smoke marijuana if they already allow people to smoke tobacco? No, a business cannot allow marijuana smoking on-site, even if it's a bar that allows tobacco smoking. That would be public consumption, which is illegal.
Q: Where can tourists go to consume marijuana? The same rules around consumption apply to tourists. This means they can't consume in public, and they could only consume on private property, as long as the property owner has not prohibited it. Additionally, gaming (which many tourists come to Nevada for) and marijuana don't mix. Some jurisdictions are considering ordinances to prevent marijuana establishments in gaming districts, and the Department of Taxation won't allow retail marijuana stores to deliver to any location that has been issued a gaming license.
* Editor's note: A gaming district is an area where several gaming establishments, such as casinos, are located.
Q: Is it legal to consume marijuana on federal land in Nevada, since pot is still illegal on a federal level? It remains illegal to smoke or use marijuana on federal land in Nevada.
Q: Even though people cannot consume marijuana in public, can people be high in public? NRS 453.411 makes being under the influence of controlled substances illegal (including Schedule I drugs and marijuana is a Schedule I drug) and although Question 2 makes it legal to possess, use, consume etc., it does not address public intoxication or being under the influence of marijuana. That implies that every jurisdiction will have the ability to decide how it wants to address the issue of public intoxication and/or that law enforcement will have the ability to exercise discretion regarding when and how to enforce NRS 453.411.
Q: Do all of these answers apply to medical marijuana cardholders , or are the rules different for them? There are some similarities and some differences. Neither retail consumers nor medical marijuana cardholders can consume marijuana in public or on federal land, and neither can drive under the influence. Patients and caregivers can purchase 2.5 ounces every 2 weeks, while retail consumers can purchase up to 1 ounce at a time. All patient and caregiver purchases are verified and tracked. These are just a few examples of the similarities and differences. For complete descriptions of the rules governing each program, see NRS 453D for retail marijuana and NRS 453A and NAC 453A for medical marijuana.
Q: What about cities or counties that have moratoriums on marijuana establishments, can people still possess, consume, grow and travel with marijuana in those areas? Yes. For those 21 and older, it is now legal to possess, consume, and grow marijuana (but not within 25 miles of a retail marijuana store, even if that store is in another jurisdiction), and that applies in the cities and counties with moratoriums on marijuana establishments.
Q: Are the rules about marijuana different depending on where you live in Nevada? What's the same in each place? In the counties and cities with no retail marijuana stores, there would be no legal way to buy retail marijuana in those places. Also, again, it remains illegal to use marijuana on federal land.
Q: What about non-consumers? For people living next door to people that consume marijuana, what will a complaint to a landlord or law enforcement get them? This depends on the complaint. Certain complaints relating to public nuisances (odors, noises, etc.) may be investigated by the jurisdiction's Code Enforcement regulators and violations could result in civil penalties. Complaints about potential criminal activity would be evaluated by law enforcement who would decide whether or not the complaint warrants investigation. Landlords must follow tenant-landlord laws when deciding how to deal with tenants around marijuana issues.
Q: Now that recreational and medical marijuana both are legal, what kind of rights do employees and employers have? What does this mean for drug tests? Nothing in the law has changed with regard to employee/employer rights. Employers can still institute and enforce drug policies, as well as test for marijuana use. Employees should know what their employers' policies are before choosing to consume marijuana.
What about traveling with marijuana?
Q: Can people drive with marijuana in the car? Can they have it in their pocket, or does it have to be somewhere else? It's legal to possess up to an ounce of marijuana, and this includes having it in the car. The state is still working to develop specific rules around where it can be in the car (for example, in the trunk or in the front seat) and how it must be contained (for example, in a sealed bag). In the meantime, it's best for consumers to treat it like they would a container of alcohol: keep it closed and in a place that makes it obvious the driver or passengers are not using it in the vehicle.
Q: What about driving after consuming marijuana, is that legal? Driving after consuming marijuana is evaluated much like driving after drinking alcohol. In NRS 484C.110, the state establishes the amounts of drugs that are prohibited from being in one's system while driving. That amount is dependent upon whether blood or urine is being tested to determine one's intoxication level. For marijuana, it is unlawful to drive or be in actual physical control of a vehicle while having 10 nanograms per milliliter of Marijuana in a driver's urine or 2 nanograms per milliliter of Marijuana in a driver's blood. It is also unlawful to have 15 nanograms per milliliter of marijuana metabolite in a driver's urine or 5 nanograms per milliliter of marijuana metabolite in a driver's blood.
Q: If there are several people in a car, does that mean it's ok to have as many ounces of marijuana as there are people? This depends on several factors, such as who is in possession of the marijuana, the location of each ounce of marijuana, the age of each passenger, etc. Assuming that each occupant is 21 years of age or older and each ounce of marijuana is individually packaged and remains sealed, then it should be ok for each person in the car to have an ounce of marijuana.
Q: Can people fly on an airline with marijuana in their purse or luggage? These policies would be determined by the airports and airlines. However, given that both are federally regulated, and marijuana remains a Schedule I substance, it's unlikely there are airports or airlines that would allow this. Reno-Tahoe International Airport does not allow marijuana on board aircraft.
Homemade product
Q: Is it true that if people live within 25 miles of a marijuana dispensary, they are not allowed to grow their own marijuana? Why is that? You cannot grow your own marijuana at home if you live within 25 miles of a retail marijuana store (unless you are a medical marijuana cardholder–those rules are different). This provision was part of Ballot Question 2 and passed by voters.
Q: How many plants can people have in their home? For those eligible to grow at home (see question above), there is a maximum of 6 plants per person, and a limit of 12 plants total per household. Those plants need to be kept in a locked, enclosed area that is out of public view.
Q: If people grow their own marijuana and make their own edible products, can they sell or donate them to others? State-licensed marijuana retail stores are the only legal sellers of marijuana to consumers in Nevada. Anyone else who sells marijuana or marijuana products, like edibles, is breaking the law.
There is nothing in the law that prevents someone 21 or older from giving their home-grown marijuana or marijuana products to another person who is 21 or older, as long as there is no money exchanged for it and it's not advertised or promoted to the public. However, marijuana and marijuana products sold by licensed retail stores will have been produced by a regulated industry and laboratory tested.
Q: Can those same people sell their products to marijuana dispensaries or other establishments? No. Marijuana establishments can only purchase marijuana and marijuana products from other state-licensed establishments.
Q: If people are smoking marijuana around another person, could someone who is not participating still get high and be at risk for driving impaired? All that is tested in a law enforcement test is the level of marijuana or marijuana metabolite in one's blood or urine. We don't test how it gets there or what method was used to ingest. So if marijuana or marijuana metabolite is present in one's blood or urine, they are at risk of being arrested for driving under the influence.
Q: What happens if you are caught with more marijuana than is legal, or if you're underaged? Persons in possession of more than one ounce of marijuana, or more than 1/8 ounce of concentrated marijuana, and persons under the age of 21 in possession of any amount of marijuana or concentrated marijuana, are subject to arrest and prosecution under NRS 453. Simple possession is prohibited under NRS 453.336 and for the first offense is a Category E Felony.
In the state of Nevada there are different categories of crime: misdemeanors (traffic violations, simple battery etc.), gross misdemeanors and felonies, which are the most serious crimes. Felonies range from Category As, which have the stiffest penalties, to Category Es, which have the lowest penalties. The penalties can be suspended by a judge if certain conditions (such as treatment) are met.
Q: What are the consequences if you are caught giving marijuana to a minor?
Under NRS 453.334, it is a category A felony to sell a controlled substance to a minor.
NRS 453D.400 specifies the following penalties for giving marijuana to persons under 21 years of age:
-Anyone who knowingly gives marijuana or marijuana products to someone younger than 18 is guilty of a gross misdemeanor.
-Anyone who knowingly gives marijuana or marijuana products to someone younger than 21 but 18 or older is guilty of a misdemeanor.
The law also indicates the following penalties:
-A person under 21 who knowingly enters, loiters, or remains on the premises of a marijuana establishment is subject to a fine of up to $500 (unless they are a medical marijuana cardholder).
-A person under 21 who falsely represents himself or herself to be 21 or older is guilty of a misdemeanor.
Diverting marijuana to a minor is a serious issue that could also result in federal prosecution.
Q: If someone is caught with 2 ounces of marijuana, will local law enforcement treat that differently from someone caught with several pounds of marijuana? Generally speaking, the "cutoff" is set at 50 pounds and anything at or over that is considered trafficking. However, amounts under 50 pounds could be considered possession for the purpose of sales, depending on how the marijuana is packaged and the other factors. Also, medical marijuana cardholders are permitted to possess 2.5 ounces in a 14-day period.
Q: How does marijuana legalization change the nature of law enforcement searches? It requires officers to rely on additional factors when trying to establish probable cause to conduct searches or apply for search warrants. Before, marijuana was a clear indication of criminal activity and now it isn't. Officers will have to articulate other facts and circumstances indicating criminal activity before they can conduct a search or obtain a search warrant. Relying on marijuana alone isn't enough.
News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Can I smoke marijuana on my front porch, and other common pot questions
Author: Jenny Kane
Contact: Reno Gazette-Journal Contact Form | Reno Gazette-Journal
Photo Credit: None Found
Website: Reno Gazette-Journal | Reno news, community, entertainment, yellow pages and classifieds
Between the Department of Taxation's development of temporary regulations and the more than dozen bills passing through the state Legislature, most Nevadans cannot keep up with what they are allowed to do with pot.
Can you legally buy it anywhere right now?
Can you smoke it on your front porch?
Can you grow cannabis plants in your closet?
While some answers can be found in existing law, others are found in the developing regulations, and some simply don't exist yet.
The Reno Gazette-Journal recruited Department of Taxation spokesman Stephanie Klapstein and Reno Police Deputy Chief Tom Robinson to help us sift through some of the common questions we've been hearing, and some of the ones our readers have submitted.
Frequently asked questions about recreational marijuana in Nevada:
WHERE TO BUY POT
Q: Is there anywhere that people can legally buy recreational marijuana in Nevada currently? Not yet. The state first has to license stores and other marijuana businesses for the retail market.
Q: When will recreational marijuana be available legally, and where will people be able to buy it? The goal is to have some marijuana retail stores licensed by July 1, 2017. After they've received licenses, they can begin selling product. As far as where people can buy it, they'll have to check with existing medical marijuana dispensaries to see if those dispensaries have been licensed to sell recreationally.
Q: What is the "early start" program, when does it begin and how long does it last? The temporary program opens up a limited retail marijuana market before the January 1, 2018, start date required by Ballot Question 2. The goal is to have the temporary program begin on July 1 and run through the end of 2017. The permanent — or "regular" program — is set to begin January 1, 2018.
Q: How much will an ounce of recreational marijuana (the legal amount per person) cost once it's made available? That will be determined by the sellers and the market.
Q: Will people be able to buy an ounce of recreational marijuana and then buy another somewhere else the same day, or is there some kind of tracking of purchases? The law prevents the state from requiring retail marijuana stores to acquire or record personal information about consumers (other than the kind of information you would normally share when you go to buy liquor). This means that, even though the purchase itself will be tracked, the tracking won't contain information about the individual customers. However, a person can only legally possess up to an ounce of marijuana or 1/8 of an ounce of concentrated marijuana at any given time. If someone were to make two separate purchases of an ounce of marijuana, and they were in possession of both ounces, they would be violating the law.
Q: If people cannot legally buy or sell marijuana from each other, can people legally donate marijuana to each other? If so, how much? The law allows people 21 or older to give up to an ounce of marijuana or 1/8 of an ounce of concentrated marijuana to another person 21 or older. However, there can be no money exchanged for the gift and it can't be advertised or promoted to the public.
Q: Can medical marijuana cardholders donate their marijuana to non-cardholders? No. As it stands right now, under Nevada Revised Statute 453A, they are not permitted to do this.
WHERE TO GET HIGH
Q: Is there anywhere besides peoples' own homes where they can consume marijuana? People can only consume marijuana on private property (and as long as the property owner hasn't prohibited it).
* Editor's note: Sen. Tick Segerblom (D-Las Vegas) has a bill at the Nevada Legislature that would give certain businesses, including music venues, the ability to apply for special permits to temporarily or permanently allow marijuana on-site, although this bill has not passed all the requirements needed to become a law at this time.
Q: If people are on their own properties, but they can still be seen in public, can they still consume marijuana? For example, take someone who is in the front yard of their property... There is nothing in the retail marijuana law (NRS 453D) that prohibits someone from consuming marijuana on their own property even if it's in view of or close to other people. Common sense would suggest people be aware of and respectful of their neighbors and community members.
Q: Do landlords have the right to kick someone out for possessing, growing or consuming marijuana? This is an area of law not covered by the retail marijuana law (NRS 453D). According to the language written into the law, a private property owner is not prohibited from restricting marijuana activity (including smoking or growing marijuana) on that property. Nevada's landlord and tenant laws (NRS 118A) address evictions.
Q: Can people consume marijuana at concerts and festivals? No. This would be considered public consumption, which is illegal.
* Editor's note: Sen. Tick Segerblom, D-Las Vegas, has a bill at the Nevada Legislature that would allow certain businesses, including music venues, apply for special permits to temporarily or permanently allow marijuana on-site, although this bill has not passed all the requirements needed to become a law at this time.
Q: Can a business prohibit people from bringing marijuana on its property, even if it's not in sight? For example, if it's in a person's pocket, can a business prohibit it on site? Question 2 doesn't address this, so we don't have the answer.
Q: Does a business have the right to tell people that they can smoke marijuana on-site? For example, can a bar allow people to smoke marijuana if they already allow people to smoke tobacco? No, a business cannot allow marijuana smoking on-site, even if it's a bar that allows tobacco smoking. That would be public consumption, which is illegal.
Q: Where can tourists go to consume marijuana? The same rules around consumption apply to tourists. This means they can't consume in public, and they could only consume on private property, as long as the property owner has not prohibited it. Additionally, gaming (which many tourists come to Nevada for) and marijuana don't mix. Some jurisdictions are considering ordinances to prevent marijuana establishments in gaming districts, and the Department of Taxation won't allow retail marijuana stores to deliver to any location that has been issued a gaming license.
* Editor's note: A gaming district is an area where several gaming establishments, such as casinos, are located.
Q: Is it legal to consume marijuana on federal land in Nevada, since pot is still illegal on a federal level? It remains illegal to smoke or use marijuana on federal land in Nevada.
Q: Even though people cannot consume marijuana in public, can people be high in public? NRS 453.411 makes being under the influence of controlled substances illegal (including Schedule I drugs and marijuana is a Schedule I drug) and although Question 2 makes it legal to possess, use, consume etc., it does not address public intoxication or being under the influence of marijuana. That implies that every jurisdiction will have the ability to decide how it wants to address the issue of public intoxication and/or that law enforcement will have the ability to exercise discretion regarding when and how to enforce NRS 453.411.
Q: Do all of these answers apply to medical marijuana cardholders , or are the rules different for them? There are some similarities and some differences. Neither retail consumers nor medical marijuana cardholders can consume marijuana in public or on federal land, and neither can drive under the influence. Patients and caregivers can purchase 2.5 ounces every 2 weeks, while retail consumers can purchase up to 1 ounce at a time. All patient and caregiver purchases are verified and tracked. These are just a few examples of the similarities and differences. For complete descriptions of the rules governing each program, see NRS 453D for retail marijuana and NRS 453A and NAC 453A for medical marijuana.
Q: What about cities or counties that have moratoriums on marijuana establishments, can people still possess, consume, grow and travel with marijuana in those areas? Yes. For those 21 and older, it is now legal to possess, consume, and grow marijuana (but not within 25 miles of a retail marijuana store, even if that store is in another jurisdiction), and that applies in the cities and counties with moratoriums on marijuana establishments.
Q: Are the rules about marijuana different depending on where you live in Nevada? What's the same in each place? In the counties and cities with no retail marijuana stores, there would be no legal way to buy retail marijuana in those places. Also, again, it remains illegal to use marijuana on federal land.
Q: What about non-consumers? For people living next door to people that consume marijuana, what will a complaint to a landlord or law enforcement get them? This depends on the complaint. Certain complaints relating to public nuisances (odors, noises, etc.) may be investigated by the jurisdiction's Code Enforcement regulators and violations could result in civil penalties. Complaints about potential criminal activity would be evaluated by law enforcement who would decide whether or not the complaint warrants investigation. Landlords must follow tenant-landlord laws when deciding how to deal with tenants around marijuana issues.
Q: Now that recreational and medical marijuana both are legal, what kind of rights do employees and employers have? What does this mean for drug tests? Nothing in the law has changed with regard to employee/employer rights. Employers can still institute and enforce drug policies, as well as test for marijuana use. Employees should know what their employers' policies are before choosing to consume marijuana.
What about traveling with marijuana?
Q: Can people drive with marijuana in the car? Can they have it in their pocket, or does it have to be somewhere else? It's legal to possess up to an ounce of marijuana, and this includes having it in the car. The state is still working to develop specific rules around where it can be in the car (for example, in the trunk or in the front seat) and how it must be contained (for example, in a sealed bag). In the meantime, it's best for consumers to treat it like they would a container of alcohol: keep it closed and in a place that makes it obvious the driver or passengers are not using it in the vehicle.
Q: What about driving after consuming marijuana, is that legal? Driving after consuming marijuana is evaluated much like driving after drinking alcohol. In NRS 484C.110, the state establishes the amounts of drugs that are prohibited from being in one's system while driving. That amount is dependent upon whether blood or urine is being tested to determine one's intoxication level. For marijuana, it is unlawful to drive or be in actual physical control of a vehicle while having 10 nanograms per milliliter of Marijuana in a driver's urine or 2 nanograms per milliliter of Marijuana in a driver's blood. It is also unlawful to have 15 nanograms per milliliter of marijuana metabolite in a driver's urine or 5 nanograms per milliliter of marijuana metabolite in a driver's blood.
Q: If there are several people in a car, does that mean it's ok to have as many ounces of marijuana as there are people? This depends on several factors, such as who is in possession of the marijuana, the location of each ounce of marijuana, the age of each passenger, etc. Assuming that each occupant is 21 years of age or older and each ounce of marijuana is individually packaged and remains sealed, then it should be ok for each person in the car to have an ounce of marijuana.
Q: Can people fly on an airline with marijuana in their purse or luggage? These policies would be determined by the airports and airlines. However, given that both are federally regulated, and marijuana remains a Schedule I substance, it's unlikely there are airports or airlines that would allow this. Reno-Tahoe International Airport does not allow marijuana on board aircraft.
Homemade product
Q: Is it true that if people live within 25 miles of a marijuana dispensary, they are not allowed to grow their own marijuana? Why is that? You cannot grow your own marijuana at home if you live within 25 miles of a retail marijuana store (unless you are a medical marijuana cardholder–those rules are different). This provision was part of Ballot Question 2 and passed by voters.
Q: How many plants can people have in their home? For those eligible to grow at home (see question above), there is a maximum of 6 plants per person, and a limit of 12 plants total per household. Those plants need to be kept in a locked, enclosed area that is out of public view.
Q: If people grow their own marijuana and make their own edible products, can they sell or donate them to others? State-licensed marijuana retail stores are the only legal sellers of marijuana to consumers in Nevada. Anyone else who sells marijuana or marijuana products, like edibles, is breaking the law.
There is nothing in the law that prevents someone 21 or older from giving their home-grown marijuana or marijuana products to another person who is 21 or older, as long as there is no money exchanged for it and it's not advertised or promoted to the public. However, marijuana and marijuana products sold by licensed retail stores will have been produced by a regulated industry and laboratory tested.
Q: Can those same people sell their products to marijuana dispensaries or other establishments? No. Marijuana establishments can only purchase marijuana and marijuana products from other state-licensed establishments.
Q: If people are smoking marijuana around another person, could someone who is not participating still get high and be at risk for driving impaired? All that is tested in a law enforcement test is the level of marijuana or marijuana metabolite in one's blood or urine. We don't test how it gets there or what method was used to ingest. So if marijuana or marijuana metabolite is present in one's blood or urine, they are at risk of being arrested for driving under the influence.
Q: What happens if you are caught with more marijuana than is legal, or if you're underaged? Persons in possession of more than one ounce of marijuana, or more than 1/8 ounce of concentrated marijuana, and persons under the age of 21 in possession of any amount of marijuana or concentrated marijuana, are subject to arrest and prosecution under NRS 453. Simple possession is prohibited under NRS 453.336 and for the first offense is a Category E Felony.
In the state of Nevada there are different categories of crime: misdemeanors (traffic violations, simple battery etc.), gross misdemeanors and felonies, which are the most serious crimes. Felonies range from Category As, which have the stiffest penalties, to Category Es, which have the lowest penalties. The penalties can be suspended by a judge if certain conditions (such as treatment) are met.
Q: What are the consequences if you are caught giving marijuana to a minor?
Under NRS 453.334, it is a category A felony to sell a controlled substance to a minor.
NRS 453D.400 specifies the following penalties for giving marijuana to persons under 21 years of age:
-Anyone who knowingly gives marijuana or marijuana products to someone younger than 18 is guilty of a gross misdemeanor.
-Anyone who knowingly gives marijuana or marijuana products to someone younger than 21 but 18 or older is guilty of a misdemeanor.
The law also indicates the following penalties:
-A person under 21 who knowingly enters, loiters, or remains on the premises of a marijuana establishment is subject to a fine of up to $500 (unless they are a medical marijuana cardholder).
-A person under 21 who falsely represents himself or herself to be 21 or older is guilty of a misdemeanor.
Diverting marijuana to a minor is a serious issue that could also result in federal prosecution.
Q: If someone is caught with 2 ounces of marijuana, will local law enforcement treat that differently from someone caught with several pounds of marijuana? Generally speaking, the "cutoff" is set at 50 pounds and anything at or over that is considered trafficking. However, amounts under 50 pounds could be considered possession for the purpose of sales, depending on how the marijuana is packaged and the other factors. Also, medical marijuana cardholders are permitted to possess 2.5 ounces in a 14-day period.
Q: How does marijuana legalization change the nature of law enforcement searches? It requires officers to rely on additional factors when trying to establish probable cause to conduct searches or apply for search warrants. Before, marijuana was a clear indication of criminal activity and now it isn't. Officers will have to articulate other facts and circumstances indicating criminal activity before they can conduct a search or obtain a search warrant. Relying on marijuana alone isn't enough.
News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Can I smoke marijuana on my front porch, and other common pot questions
Author: Jenny Kane
Contact: Reno Gazette-Journal Contact Form | Reno Gazette-Journal
Photo Credit: None Found
Website: Reno Gazette-Journal | Reno news, community, entertainment, yellow pages and classifieds
