Marijuana.com

SkyTripper

If I am in the state of Nevada....and there not to gamble but happen to be transporting say 400 lbs. of weed and a cop pulls me over and finds it.....Is it really true that being I am over 21 and have no prior record.....I face NO JAIL time and a fine of only $600?

According to NORML's website....this is all I face!?
Second offense.....say I happen to have 1000 lbs. NO JAIL time then either?
Just a $1000 fine?

If this IS true then why in the Hell isn't ALL of America this way?
What makes Nevada so damn special?
Is it a state of sanctuary to pot smokers, traffickers, gambling addicts and those who pay hookers with a credit card?

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SkyTripper

 

lilgrasshoppah

but my advice is: don't get caught with any amount... anywhere

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Niteshift

Read ALL the entry at NORML's site. you read only possession.


Cultivation, delivery or sale of less than 100 pounds of marijuana is punishable by 1 - 6 years in prison and a fine of up to $20,000 for the first offense. For a second offense, the penalty increases to 2 - 10 years in prison and a fine up to $20,000. For a third or subsequent offense, the penalty increases to 3 - 15 years in prison and a fine up to $20,000. Cultivation, delivery or sale of 100 pounds or more is punishable by up to five years in prison and a fine up to $25,000. For amounts of 2,000 pounds or greater, the penalty increases to 2 - 20 years in prison and a fine up to $50,000.

Not many courts will believe 400 lbs is personal use. They will call it delivery.

Also on the NORML site:

"Decriminalization: The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation."


Lesson: Always read the fine print

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teufelfisch

Trafficking, intent to distribute, etc. would definitely get you some time in the slammer. No slap on the wrist this time, sorry yup.

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SkyTripper

Actually, I did read the "fine print" but it seemed a bit confusing to me in regards to the possession criteria when it was worded the way it was.

Granted, I'm sure a judge would believe if you were in possession of 400 lbs. or 1000 that you aint going to convince him it was for personal use.....BUT a really good lawyer COULD theoretically, convince a jury otherwise in this day and age.
You agree?

My defense: (Assuming there was never a prior arrest for poss., distributing, etc. or any scales, separate bags, whatever to possibly indicate I was delivering it anywhere except my closet.....since it wouldn't all fit in my nightstand): "I smoke all day, everyday and average consuming 1 lb./week by myself. 52 weeks in a year = 52 lbs. I only like to pick up my personal stash once in a decade because of the risks involved with multiple business transactions and the ever-increasing rise of inflation."
Basically...."I hate the hassles of scoring my buds....but I NEVER want to run out anytime soon"....as a defense.
Now, if I sat on that jury and heard that defense.....I would TRY not to laugh as I would do my best to hand down a NOT GUILTY verdict.

Nevada really flipped their laws around (for the better in leniency), IMO.
Just a few years back, I believe it was a FELONY for possession of a single joint.

Just kind of confusing in their "possession" criteria....thats all.
Thanks for the clarification.

 

Niteshift

BUT a really good lawyer COULD theoretically, convince a jury otherwise in this day and age.
You agree?

Not at all. In fact, I'd question the competentance of a lawyer that would try that as his defense.

Where you are getting confused is the phrase "any amount". That is there to mean no matter how small, not large.

I usually don;t like doing this, but I looked up the NV statutes.

First: NRS 453.051 “Deliver” and “delivery” defined. “Deliver” or “delivery” means the actual, constructive or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.


So, unless you can show that you grew it yourself, there was a delivery.

But here is the one you really need to see because it is most likely the charge:




NRS 453.339 Trafficking in controlled substances: Marijuana.

1. Except as otherwise provided in NRS 453.011 to 453.552, inclusive, a person who knowingly or intentionally sells, manufactures, delivers or brings into this State or who is knowingly or intentionally in actual or constructive possession of marijuana shall be punished, if the quantity involved:

(a) Is 100 pounds or more, but less than 2,000 pounds, for a category C felony as provided in NRS 193.130 and by a fine of not more than $25,000.

(b) Is 2,000 pounds or more, but less than 10,000 pounds, for a category B felony 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 by a fine of not more than $50,000.

(c) Is 10,000 pounds or more, for a category A felony by imprisonment in the state prison:

(1) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served; or

(2) For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served,

Ê and by a fine of not more than $200,000.

2. For the purposes of this section:

(a) “Marijuana” means all parts of any plant of the genus Cannabis, whether growing or not.

(b) The weight of marijuana is its weight when seized or as soon as practicable thereafter.




Essentially, simply POSSESSING 100 lbs or more is considered trafficking.


You can look over the entire chapter here: http://www.leg.state.nv.us/NRS/NRS-453.html



So no, I don't think the strategy would work.

«°Ñøvã°»

Yeah INTENT is a very grey area they can use it against you to thier disgression. If you travel across state lines and they can prove it ur facing even more time.

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SkyTripper

You cleared it up for me pretty well and I appreciate your time to look up Nevada statutes, etc.

Not like I would ever be in possession of such quantity of weed anyway but was curious. Besides....I prefer QUALITY and generally 1 oz. or less is enough for me at any one time as I no longer associate much with anyone in or out of the game.

Besides....what I have personally found to be addictive about marijuana.....isn't smoking it.....but growing it.
There's just something so special about SEEING those plants grow, smellin them and yeah....finally tasting them.
SOOOO beautiful to just look at though......kinda makes me want to take up gardening and try growing some corn and tomatoes someday too....also just have a house full of various plants, ferns, etc.
Awesome hobby! Too bad my favorite plant has to be illegal though.
Hope it doesn't stay that way for too much longer.
Ending the FEAR and subsequent paranoia of being caught doing something illegal would be such a nice change. Could finally sleep better at night if I had a grow in progress.

uniquexperience

Well, to think about how long it takes for a bad law to be repealed.... consider this,
Up til 2003 homosexual conduct was a misdemeanor crime in Texas. They finally repealed it and removed it from their books. That's how long it takes.