If you were arrested for selling marijuana in Las Vegas, NV, then the crime is prosecuted under NRS 453.321. Contact a criminal defense attorney at Gallo Law Office. In many cases for selling marijuana, an undercover law enforcement officer will set up an elaborate sting operation to catch an alleged dealer in the act of selling marijuana to another person.
Law enforcement agencies that set up these undercover operations for selling marijuana in Clark County, Nevada, include the Las Vegas Metropolitan Police Department, the North Las Vegas Police Department, and the Henderson Police Department.
If you were arrested for this serious drug offense, then contact Gallo Law Office to discuss an aggressive defense. Call (702) 385-3131 today.
Defenses to Dealing Marijuana - Entrapment
One of the most common defenses to selling marijuana is the entrapment defense. An entrapment defense consists of two elements: the State presenting the opportunity to commit a crime and a defendant who is not predisposed to commit the act. Miller v. State, 121 Nev. 92, 95, 110 P.3d 53, 56 (2005).
Defenses to Selling Marijuana – Licensed Dispenser
Under NRS 453A.310, it is a defense to selling marijuana that you were dispensing the marijuana in Las Vegas as a licensed dispenser under the Nevada Medical Marijuana Program.
Punishments for Selling Marijuana in Las Vegas
The penalties for selling marijuana or committing other unauthorized acts are classified as a category B felony in Nevada. The penalties apply even if the person only “attempted” or “offered” to do the unauthorized act.
The statutory scheme provides that unauthorized acts include all of the following:
- Giving Away;
- Prescribing; or
The possible punishments increase dramatically with each prior conviction.
First Offense for Selling Marijuana
If convicted of a first offense, it is punishable by one to six years in prison and a fine of up to $20.000. Alternatively, for a first offense the court is permitted to put the person on probation and suspend the prison sentence.
Second Offense for Selling Marijuana
If convicted of a second offense, it is punishable by 2 -10 years in prison and a fine of up to $20,000. The statutory scheme provides that the court may not grant probation or a suspended sentence.
Third Offense for Selling Marijuana
If convicted of a third offense, it is punishable by 3-15 years in prison and a fine of up to $20,000. The court may not suspend the sentence.
Selling to a Minor Child - The penalties are also increased if the crime involved selling marijuana to a minor child which is classified as a category A felony in Nevada. A second offense of selling marijuana to a child is punishable by fifteen years to life in prison with the possibility of parole after five years. See NRS 453.334.
The prison sentence can be doubled if the unauthorized act took place in one of the following locations:
- on the campus of a college, university, or system of higher education within Nevada;
- within one thousand feet (1,000 ft.) of a school bus stop on a school day within one hour before school begins or one hour after school ends;
- within 1,000 feet of a school, public park, playground, public swimming pool, youth recreational center, or video arcade.
See NRS 453.3345.
Finding an Attorney for Selling Marijuana Charges
If you were arrested for selling marijuana in Las Vegas, Nevada, or the surrounding areas in Clark County, then contact an experienced criminal defense attorney at Gallo Law Office. Find out more about how to fight the charges aggressively in order to obtain the best possible result. Call (702) 385-3131 today for a consultation.