Top Medical Marijuana Attorney In Nevada
Marijuana is the third most popular recreational drug in America (behind only alcohol and tobacco) and has been used by nearly 100 million Americans. According to government surveys, some 25 million Americans have smoked marijuana in the past year, and more than 14 million do so regularly despite harsh laws against its use.
Thus far, medical marijuana laws have been enacted in Alaska, Arizona, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington.
Nevada Medical Marijuana Serves As An Affirmative Defense For State Marijuana Charges Not Federal Charges
While the above-listed states have legalized marijuana for medical purposes, it is still illegal under federal law and defendants can still face federal prosecution, even if they are in compliance with the state's law. The federal government treats marijuana or cannabis like any other controlled substance/drug. Marijuana is classified as a schedule I drug, meaning it is considered a dangerous illegal drug, which is "highly addictive." The federal government does not recognize medical marijuana, therefore the provisions of Nevada's medical marijuana statutes do not protect legitimate users from federal prosecution.
Nevada's Medical Marijuana Laws
NRS 453A.310 creates an affirmative defense to certain marijuana charges. The statute reads as follows:
- Except as otherwise provided in this section and NRS 453A.300, it is an affirmative defense to a criminal charge of possession, delivery or production of marijuana, or any other criminal offense in which possession, delivery or production of marijuana is an element that the person charged with the offense:
- (a) Is a person who:
- (1) Has been diagnosed with a chronic or debilitating medical condition within the 12-month period preceding his or her arrest and has been advised by his or her attending physician that the medical use of marijuana may mitigate the symptoms or effects of that chronic or debilitating medical condition;
- (2) Is engaged in the medical use of marijuana; and
- (3) Possesses, delivers or produces marijuana only in the amount described in paragraph (b) of subsection 3 of NRS 453A.200 or in excess of that amount if the person proves by a preponderance of the evidence that the greater amount is medically necessary as determined by the person's attending physician to mitigate the symptoms or effects of the person's chronic or debilitating medical condition; or
- (b) Is a person who:
- (1) Is assisting a person described in paragraph (a) in the medical use of marijuana; and
- (2) Possesses, delivers or produces marijuana only in the amount described in paragraph (b) of subsection 3 of NRS 453A.200 or in excess of that amount if the person proves by a preponderance of the evidence that the greater amount is medically necessary as determined by the assisted person's attending physician to mitigate the symptoms or effects of the assisted person's chronic or debilitating medical condition.
- (a) Is a person who:
- A person need not hold a registry identification card issued to the person by the Division or its designee pursuant to NRS 453A.220 or 453A.250 to assert an affirmative defense described in this section.
- Except as otherwise provided in this section and in addition to the affirmative defense described in subsection 1, a person engaged or assisting in the medical use of marijuana who is charged with a crime pertaining to the medical use of marijuana is not precluded from:
- (a) Asserting a defense of medical necessity; or
- (b) Presenting evidence supporting the necessity of marijuana for treatment of a specific disease or medical condition, if the amount of marijuana at issue is not greater than the amount described in paragraph (b) of subsection 3 of NRS 453A.200 and the person has taken steps to comply substantially with the provisions of this chapter.
- A defendant who intends to offer an affirmative defense described in this section shall, not less than 5 days before trial or at such other time as the court directs, file and serve upon the prosecuting attorney a written notice of the defendant's intent to claim the affirmative defense. The written notice must:
- (a) State specifically why the defendant believes he or she is entitled to assert the affirmative defense; and
- (b) Set forth the factual basis for the affirmative defense. A defendant who fails to provide notice of his or her intent to claim an affirmative defense as required pursuant to this subsection may not assert the affirmative defense at trial unless the court, for good cause shown, orders otherwise.
Furthermore, there are numerous acts for which you may not assert an affirmative medical marijuana defense. These acts include:
- Possessing a firearm while under the influence of marijuana
- Possessing marijuana or drug paraphernalia in a public place
- Operating a vehicle while under the influence of marijuana
- Delivering marijuana to a person who does not lawfully hold a registry identification card
- Delivering marijuana for consideration to any person, regardless of whether the recipient lawfully holds a registry identification card
The Las Vegas medical marijuana defense lawyers at The Law Offices of Parviz A. Heshmati understand the many issues surrounding Nevada's medical marijuana law. Patients continue to face criminal prosecution on a number of fronts. We are familiar with every aspect of Nevada law pertaining to marijuana, including but not limited to:
- Misdemeanor possession
- Felony possession
- Possession with the intent to sell
- Cultivation/grow houses
- Trafficking marijuana
- Medical marijuana
Although the U.S. federal government has made the consumption of marijuana a crime, 19 states, including Nevada have legalized marijuana use for medical purposes. California, which is at the forefront of the controversial law, sees its dispensaries taking in about $2 billion a year. It is advised that all medical marijuana registrants seek the advice of an attorney to make sure they are within the law.
The Nevada Medical Marijuana Program is a state registry program within the Nevada Department of Health and Human Services, Nevada State Health Division. They administer the provisions of the Medical Use of Marijuana law as approved by the Nevada Legislature and adopted in 2001. Before you take this step, you need your physician to determine you suffer from one of the diseases protected under the Nevada Medical Marijuana Program. Once approved, you pay a registration fee and the DMV issues you a proof of registry ID ("cardholder"). These memberships are to be renewed every year and therefore proper planning should be put in place so as not to be without treatment. If the application is denied, you can reapply in six months.
Generally, once you are a cardholder abiding by the rules, no state official can prosecute you. With that said it is also important to note that with this cardholder identification comes great responsibility to society. You can't operate vehicles or machinery under the influence of marijuana. Additionally, you can't possess a gun in public while under the influence. In addition by no means should you believe you are immune to federal prosecution.
Medical Marijuana Lawyers At 702-432-1000
Have you been accused of any drug crime related to marijuana or cannabis, such as marijuana possession? If so, you may have been falsely charged if you were using marijuana for medical purposes. It is important that you work with a criminal defense lawyer experienced with medical marijuana and the laws applying to this in Nevada. Parviz Heshmati is highly experienced with cases involving marijuana charges and can evaluate your charges to determine how to build a valid defense on your behalf. The lawyers at The Law Offices of Parviz A. Heshmati represent clients throughout all of Las Vegas, North Las Vegas and Henderson and are committed to providing the exceptional service and dedicated attention you deserve in order to seek the best case result possible.
What Can We Do For You
A criminal conviction will dramatically affect your entire life. The decision the District Attorney makes on whether or not to file formal charges against you will have a lifelong impact. It will impact things like your job, career choices, housing opportunities, education, your children and your reputation. The best way to prevent a conviction is to talk to us, free of charge, today, about your situation and options. We are always upfront and honest about the reality of the costs involved and the strength of your case. This is how to get the best representation, and realistic, successful results. We provide free consultations to discuss your personal situation, and regardless of your financial situation, we will work out a payment plan that works for every income level. We became criminal defense attorneys to defend the rights of people, and we will create flexible payment plans so that everyone can afford an excellent defense team. That is what makes our firm one of a kind.
We take the time to explain your options, make sure you understand your rights and make sure those rights are protected.
We are affordable, and we will challenge the criminal charges you may potentially face at every stage of the process. When you or a loved one is charged with a marijuana crime, you must have knowledgeable, aggressive and experienced attorneys to protect your future. You need and want The Law Offices of Parviz A. Heshmati on your side. We will help you avoid a criminal conviction and serious penalties.
The Law Offices of Parviz A. Heshmati provides criminal defense representation for residents and tourists who receive marijuana drug charges throughout Clark County, Nevada, including Las Vegas, Henderson, North Las Vegas, Summerlin, Boulder City, Green Valley, Centennial Hills, Anthem, Aliante, Sunrise Manor, Seven Hills, Southern Highlands, Mountain's Edge and Sun City.
TIME Is Ticking Away 4-3-2-1-0
The more time that goes by in a criminal case without protection from a qualified Las Vegas marijuana criminal attorney, the harder it may be to secure the best possible results. Don't wait. Contact us today at 702-432-1000. We offer free consultations. Hablamos español.