In Nevada, if you are found to be in possession of a controlled substance or drug paraphernalia, you will be arrested. For possession of less than one ounce of marijuana and possession of drug paraphernalia are misdemeanors, but you will still be arrested and must post bail.
Possession of heroin, cocaine, methamphetamine, ecstasy, etc. are felonies and you will be arrested if you are found to be in possession of any of these substances. If convicted of a felony, you can be sent to state prison.
Simple possession of a controlled substance is a Class E felony. If convicted of a Class E felony in Nevada, you must be given probation. However, you can be sent to state prison if you violate the terms and conditions of probation. The current practice is to have you remain in the state of Nevada if you are a non-resident until the probation department of the state of your residence agrees to accept you for supervision.
Both California and Nevada have legalized the medicinal use of marijuana and by a person with a recommendation from a doctor. It is still undecided in the courts of California and Nevada whether a recommendation from a doctor in one state is effective to prevent prosecution in another state. That is, a recommendation from a doctor in California may not protect you from a possession or cultivation charge in Nevada and vice versa.
In marijuana cultivation cases, even if the number of plants you are cultivating or the amount of marijuana you have on hand is in excess of what is allowed in your county, there is a defense that you may possess whatever is necessary for your own personal medicinal use.
The law offices of William Cole have successfully represented defendants accused of cultivation of marijuana in courts in Reno, Nevada, Carson City, Nevada, Incline Village, Nevada, Stateline, Nevada, and Minden, Nevada.
William Cole