Will I go to jail for having a joint in Nevada?

author by Michael Becker on Jun. 15, 2015

Criminal Misdemeanor 

Summary: Not for a first-time or second-time offense as long as the joint amounts to only one ounce (1 oz.) or less of marijuana.

Not for a first-time or second-time offense as long as the joint amounts to only one ounce (1 oz.) or less of marijuana.

Possessing up to 1 oz. of pot in Nevada is a misdemeanor. A first-time offense carries:

  • up to $600 in fines, and
  • perhaps rehab

Meanwhile, a second-time offense is also a misdemeanor and carries:

  • up to $1,000 in fines, and
  • perhaps rehab

Once a person racks up his/her third-time pot possession offense in Nevada, the D.A. will treat it as a gross misdemeanor in Nevada. This carries the possibility of incarceration:

  • up to $2,000 in fines, and/or
  • up to 364 days in jail

Finally, a fourth-time or successive offense of possessing less than 1 oz. of pot is a category E felony. This also carries the possibility of incarceration:

  • 1 to 4 years in Nevada State Prison, and
  • maybe up to $5,000 in fines
Note that the judge may choose to suspend the prison sentence and impose probation instead. Also note that possession of more than 1 oz. of marijuana is an automatic felony, though the judge may choose to suspend the prison sentence as well.

Legal Articles Additional Disclaimer

Lawyer.com is not a law firm and does not offer legal advice. Content posted on Lawyer.com is the sole responsibility of the person from whom such content originated and is not reviewed or commented on by Lawyer.com. The application of law to any set of facts is a highly specialized skill, practiced by lawyers and often dependent on jurisdiction. Content on the site of a legal nature may or may not be accurate for a particular state or jurisdiction and may largely depend on specific circumstances surrounding individual cases, which may or may not be consistent with your circumstances or may no longer be up-to-date to the extent that laws have changed since posting. Legal articles therefore are for review as general research and for use in helping to gauge a lawyer's expertise on a matter. If you are seeking specific legal advice, Lawyer.com recommends that you contact a lawyer to review your specific issues. See Lawyer.com's full Terms of Use for more information.

© 2025 LAWYER.COM INC.

Use of this website constitutes acceptance of Lawyer.com’s Terms of Use, Email, Phone, & Text Message and Privacy Policies.