Have you been charged with possession of marijuana paraphernalia in Las Vegas? Do you really understand what this charge means for you and your future? If you don’t, it is understandable. In Nevada, marijuana laws and marijuana-related charges can be confusing.
At the Law Office of Joel M. Mann, I help our clients to understand the charges they face. I believe that steady, open and honest communication with clients serves as the foundation of a successful defense. My goal is to make the attorney-client relationship a true partnership that is focused on pursuing the best result.
How Nevada Defines ‘Paraphernalia’
Nevada law (NRS 453.554) defines paraphernalia as any item that a person can use to do the following with an illegal drug:
- Otherwise consume.
It’s a broad definition. Many items can fall into this category, from pipes to plastic baggies. The statute provides many examples. Basically, any item with a perfectly legal use – like a jar – could be considered “paraphernalia” if a person uses it for an illegal drug-related purpose such as consuming marijuana.
The legalization of marijuana for recreational use in Nevada has made the situation more complex. Many people, including visitors, are unaware of restrictions on where they can use marijuana. Also, many people fail to realize that they can be arrested and charged with possession of drug paraphernalia.
The charge carries potential consequences. For instance, possession of drug paraphernalia is a misdemeanor offense that carries up to six months in jail and/or up to $1,000 in fines as punishment.
Types of Marijuana and Marijuana Paraphernalia
The cannabis trade, along with related paraphernalia sales, is big business today in Nevada. It is the same way in many other states where lawmakers have legalized marijuana for medicinal use and/or for adult recreational use. Today, you can find many forms of marijuana sold in Nevada, including:
- Traditional marijuana buds or plants
- Marijuana concentrates
- CBD oil
People in Nevada often buy and use rudimentary devices to consume marijuana or marijuana derivatives such as:
- Joints, spliffs and blunts
- Pipes, pieces and bowls
How a person uses an item is the key to understanding what counts as marijuana paraphernalia. Nevada law (NRS 453.556) provides a list of factors that police and prosecutors can consider as they decide whether to charge a person with possession of drug paraphernalia.
Marijuana Laws in Nevada
While marijuana has been legalized for individual use within a private residence in Nevada, the law comes with many prohibitions on where people can use marijuana. Likewise, marijuana sale, use and possession remain illegal under federal law. Here are just a few places where possession and/or use of marijuana is illegal in Nevada:
- School grounds
- Federal or state property
- Public grounds of all kinds, including sidewalks and roadways
- Public transportation.
As most people quickly figure out, if you don’t have a private residence where you can use marijuana, just about all other locations are off-limits. So, for tourists, drug paraphernalia laws in Nevada can present a real problem.
How Can a Las Vegas Drug Defense Attorney Make a Difference for You?
I am an experienced criminal defense attorney located in Las Vegas. Since 2006, I have defended Nevada residents and visitors alike who were charged with offenses ranging from DUI and drug possession to violent felonies. If you were charged with possession of marijuana paraphernalia, I will protect your rights, mount a strategic defense and pursue the best possible outcome for you. Contact me today at the Law Office of Joel M. Mann to discuss your case.