Is It Legal for Cannabis Users To Possess Guns?

Written by: The Law Offices of Garrett T. Ogata

How Marijuana Use May Limit Your Firearm Rights in Nevada

While Nevada and other states have legalized the recreational use and possession of marijuana, it remains illegal under federal law. Because of its status as a controlled substance under federal law, it remains illegal for a person to use marijuana and possess a firearm. If you are charged with a gun crime, you need to speak to an attorney. 

At the Law Offices of Garrett T. Ogata, we are experienced criminal defense lawyers who will fight to protect your rights after an arrest for a gun crime or other offense. We believe in pursuing justice for our clients and will work hard to get you the best possible outcome in your case. Contact our office today at (702) 366-0891 to schedule a confidential consultation after an arrest. 

Can I Use Marijuana and Possess a Firearm in Nevada?

On January 1, 201, the recreational use of marijuana became legal in the State of Nevada. The legalization was part of a voter initiative that passed the year before. While the possession and consumption of recreational marijuana has been legalized in Nevada and many states across the country, it is still prohibited under federal law. 

Because marijuana is considered a controlled substance and its use is prohibited under federal law, cannabis users are unable to legally possess a firearm. The consequences of possessing a firearm as a marijuana user are immense. They can result in the loss of your freedom if you are convicted of a criminal offense. 

Is the Possession of a Gun Illegal Under State Law If I Use Cannabis?

The Nevada Revised Statutes Section 202.360 codifies who is prohibited from owning or possessing a firearm. Under this law, people who are users of or addicted to a controlled substance are prohibited from possessing or owning a gun. Controlled substances are defined by federal law according to this statute. Since marijuana is a controlled substance pursuant to federal law, it makes possession of a firearm unlawful if you use cannabis. 

If you are convicted of violating NRS Section 202.360, you could face up to a category B felony punishable by a state prison sentence of 1 to 6 years and a fine of not more than $5,000. If you are charged with a firearm offense, you need to speak with an attorney to determine your legal options. 

What If I Have a Medical Marijuana Card?

Unfortunately, even medical marijuana card holders are prohibited from possessing a firearm. A medical marijuana card does not exempt you from federal law. 

Arrested for Unlawful Firearm Possession in Nevada? Contact Our Office. 

Were you arrested for the unlawful possession of a firearm in Nevada? Contact our office today at (702) 366-0891 to schedule a consultation. Our criminal defense lawyers will help determine how to defend against the charges. 

We will work with you to get the most favorable disposition in your case, including a reduction or dismissal of the charges whenever possible. Call now to get the legal help you need and deserve.

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