Scene: SCORE executes search warrant on ‘suspected grow operation’ (client’s home) and took possession of 47 plants; roughly 2 pounds of usable marijuana, large quantify of wax concentrate, edibles, 16 firearms and various grow apparatus.
Charges: 16 felony counts of Unlawful Possession of Firearm (each count carries up to 6 years in prison); Possession of Controlled Substance With Intent To Sell (PCS/Sale); Possession of a Controlled Substance, (PCS)Marijuana; Unlawful Production or Processing of Marijuana. Bail set at $300,000.
Defenses: PD’s underlying basis for the search was derived from improperly accessing Nevada’s confidential medical marijuana patient registry therefore tainting the search; As a MMJ patient, client is not an “unlawful user” of a controlled substance under state law and is therefore legally in possession of firearms; State law is unconstitutionally vague as to the lawful amount of concentrates allowed to be possessed; Client’s immunity from prosecution for “use” is not lost due to excessive quantity in possession.
Resolution: Bail reduced at arraignment upon defense motion to $10,000. Case later negotiated to one misdemeanor count of “Unlawful Disposal of Solid Waste” with a $1,000 fine (the equivalent charge of allowing your garbage to get blown down the street by the wind). All other charges dismissed and most of the seized firearms were returned to client as part of resolving the accompanying civil forfeiture action.
RECENT CASE RESULTS 2
Scene: SWAT executes search warrant on ‘suspected grow operation’ (client’s home) and took possession of over 70 plants; 11 ounces of usable marijuana, 15 grams of wax as well as various grow apparatus, scales, containers and a vacuum sealer.
Charges: Conspiracy to Violate Uniform Controlled Substances Act; Unlawful Production or Processing of Marijuana; Possession of Controlled Substance With Intent To Sell (PCS/Sale); Possession of a Controlled Substance, Marijuana.
Defenses: Police unlawfully obtained client’s and neighbors’ electrical usage records by way of administrative subpoena. This illegally obtained information was used as the basis of the search warrant therefore tainting the search; Police used misleading comparison analysis of usage to convince court that client was using far more electricity than needed (comparing home with 5 known occupants to house than is nearly vacant); Police improperly accessed Nevada’s confidential medical marijuana patient registry therefore tainting the search; Police counted as plants clones that had no roots (contrary to Federal precedent) thus exaggerating the haul.
Resolution: Negotiated to “submittal” to one misdemeanor count of “Unlawful Disposal of Solid Waste” with no fine (the equivalent charge of allowing your garbage to get blown down the street by the wind), client to pay $508 to cover costs of disposing of plant material etc., All other charges dismissed.
* Because this was a “submittal” the client was required to stay arrest free for 3 months, afterwards the misdemeanor count was also dismissed by agreement meaning client walked away with no convictions whatsoever.
RECENT CASE RESULTS 3
Scene: Vehicle stopped for not having a license plate. Officer smells unburnt marijuana and takes possession of a baggie located in passenger compartment.
Charges: One Misdemeanor count of Possession of a Controlled Substance, Marijuana, less than one once.
Defenses: While NOT a medical marijuana card holder, Affirmative Defense raised as client had been diagnosed by a Nevada physician as one who would benefit from medicinal use of marijuana within the last 12 months.
Resolution: Case Dismissed
RECENT CASE RESULTS 4
Scene: Police conducting a “knock and talk” arrive at client’ home to investigate alleged complaint of overwhelming marijuana smell emitting from house. Police enter building and seize 492 grams of Marijuana Butane Honey Oil, several small plants, >1oz useable marijuana and a Hefty bag full of shake.
Charges: Trafficking in Controlled Substance per NRS 453.3385.3 (a Class A felony carrying a possible life-sentence); felony Possession of a Controlled substance.
Defenses: The State improperly charged the offense under a Trafficking statute which concerns controlled substances other than marijuana, which carries a far stricter penalty than trafficking marijuana, apparently because the District Attorney’s Office considers concentrates something other than marijuana. However, Nevada law defines Marijuana as specifically including “the resin extracted from any part of the plant” per NRS 453.096, therefore client was mischarged. Fruther, Client cannot be charged under marijuana trafficking law as this requires 100 pounds of usable marijuana and there is no way to compare this to the concentrate. As client has an affirmative defense to possession having been diagnosed as benefiting from medicinal marijuana, next issue is the amount of concentrate on hand which can only be “an equivalent to” 2.5 ounces of useable marijuana (flower). However, there is no means of comparing dried marijuana to concentrates provided in the statute and as such the statute is unconstitutionally vague and unenforceable.
Resolution: Client to plead guilty to one count of Possession of a Controlled Substance, a category E felony which guarantees Probation upon sentencing. All other charges dismissed. Upon honorable discharge from probation, the PCS charge and conviction will also be dismissed, meaning client will walk away with no conviction whatsoever.