“Manufacture” means the production, preparation, propagation, compounding, conversion or processing of a substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container.
“Manufacture” does not include the preparation, compounding, packaging or labeling of a substance by a pharmacist, physician, or licensed physician assistant, dentist, podiatric physician, advanced practice registered nurse or veterinarian who is administering or dispensing the substance in the course of his or her professional practice.
“Marijuana” means: All parts of any plant of the genus; Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin.
“Marijuana” does not include the mature stems of the plant, fiber produced from the stems, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stems (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. This exclusion is meant to distinguish between the plant that has psychoactive components versus hemp which is an industrial material derived from the same species.
MANUFACTURING MARIJUANA IN NEVADANRS 453.3393
NRS 453.3393 makes it unlawful to produce or process marijuana.. This statute states that a person shall not knowingly or intentionally manufacture, grow, plant, cultivate, harvest, dry, propagate or process marijuana, except as specifically authorized by the provisions outlined in the chapter, which means only state licensed Medical Marijuana Establishments may cultivate marijuana.
A person who violates this statute, if the quantity involved is more than 12 marijuana plants, irrespective of whether the marijuana plants are mature or immature, is guilty of a category E felony.
In addition to any punishment imposed as above, the court can order a person convicted of a violation to pay all costs associated with any necessary cleanup and disposal related to the manufacturing, growing, planting, cultivation, harvesting, drying, propagation or processing of the marijuana.
PENALITES FOR MANUFACTURING MARIJUANA
The penalty for manufacturing marijuana, being in possession of, and growing of 12 plants or more, is a Category E Felony. On a conviction for Manufacturing Marijuana, the violation is punishable by imprisonment for a term of 1 to 4 years in the Nevada State Prison, and fines may be imposed in an amount of not more than $5,000. However, as a Class “E”, the Court must impose a term of probation.
If the illegal grow operation happens to exceed 100 plants, then the sentencing tracks the same sentencing requirements under Trafficking in Marijuana, under NRS 453.339. These penalties get progressively worse depending on the quantity involved. The penalty for manufacturing marijuana, being in possession of, and growing of 100 pounds or more, but less than 2,000 pounds, is a Category C Felony punishable by imprisonment for a term of 1 to 5 years in the Nevada State Prison, and fines may be imposed in an amount of not more than $25,000.
The penalty for manufacturing marijuana, being in possession of, and growing of 2,000 pounds or more, but less than 10,000 pounds, is a Category B Felony. The violation is punishable by imprisonment for a term of 2 to 10 years in the Nevada State Prison, and fines may be imposed in an amount of not more than $50,000.
The penalty for manufacturing marijuana, being in possession of, and growing of 10,000 pounds or more, is a Category A Felony. The violation is punishable by imprisonment for a term of 5 years to life years in the Nevada State Prison, and fines may be imposed in an amount of not more than $200,000.
Pursuant to statute, these are mandatory minimum sentences for manufacturing marijuana. This means that when someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the individual to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum sentence.
DEFENSES TO MANUFACTURING MARIJUANA
There are several plausible defenses and strategies for disputing marijuana charges. Since the prosecution has the burden to prove each element of the crime beyond a reasonable doubt, evidence can be offered to rebut the prosecution’s case, such as whether the accused possessed the requisite intent and whether the amount of marijuana was measured accurately.
Police misconduct may also provide an effective defense to marijuana charges. For example, if marijuana was discovered by police as the result of an illegal search or seizure and the evidence is suppressed by a judge, the prosecution will not be able to use it against you. Unlawful searches include those conducted without probable cause, a valid warrant, or voluntary consent.
In addition, admissions and confessions to crimes must be voluntary. If they are obtained while a suspect is in police custody during questioning regarding the crime, they must occur after the police issue Miranda warnings. Any statement made involuntarily, such as those obtained as the result of force or coercion, or made without knowingly waiving your Miranda rights, may also be considered inadmissible at trial. This means that the contents of that statement would be suppressed.
On a charge of Manufacturing Marijuana, bail amounts depend on the category of felony, but range from $5,000 to ‘No Bail’, where the Court would need to set the bail after the defendant appears to answer the charge.
If you have been charged with this, or any other marijuana related offense, please call us at 702-405-0001 for a free consultation with an attorney.