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Will I go to jail for selling pot in Nevada?

If it is your first offense, maybe not…

Selling marijuana in Nevada is a category B felony, and the penalties grow harsher with each successive conviction. For a first-time offense of selling pot, the judge has the discretion to grant probation and suspend any jail sentence. Otherwise, the judge can impose:

  • 1 – 6 years in Nevada State Prison; and
  • maybe up to $20,000 in fines

Meanwhile, a second-time offense of selling weed in Nevada carries a mandatory punishment of:

  • 2 – 10 years in Nevada State Prison; and
  • maybe up to $20,000 in fines

Finally, a third or successive offense of selling marijuana in Nevada carries a mandatory penalty of:

  • 3 – 15 years in Nevada State Prison; and
  • maybe up to $20,000 in fines

Note that the judge may double these penalties if the drug sale occurred in any of the following locations:

  • within 1,000 feet of a public park, playground, school, public swimming pool, arcade or youth recreational center
  • within 1,000 feet of a school bus stop from one hour prior to school beginning to one hour after it ends
  • on the campus of the Nevada System of Higher Education

Also note that selling marijuana to a minor is charged as a category A felony in Nevada. A second offense carries:

  • 15 years – life in Nevada State Prison with the possibility of parole after 5 years; and
  • maybe up to $20,000 in fines; and
  • restitution for rehabilitating the minor

Read more information on the Nevada crime of selling marijuana.

About the Author

Picture of Michael Becker

Michael Becker

Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.

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