Top Las Vegas criminal defense attorney discusses whether medical marijuana patients may own guns in Nevada.
More info at http://www.shouselaw.com/nevada/gun-under-the-influence.html or call Las Vegas Defense Group, LLC, @ 702-DEFENSE (702-333-3673) for a FREE consultation.
CAN MEDICAL MARIJUANA PATIENTS OWN GUNS IN NEVADA?
Legally, the issue is murky. The best advice is for lawful Nevada medical marijuana cardholders NOT to have a firearm. NRS 202.360 only prohibits unlawful drug users from possessing firearms. And under Nevada state law, medical marijuana card holders are not “unlawful” as long as they are abiding by the rules. But in some jurisdictions, people are actually being successfully prosecuted for unlawful firearm possession based on their medical marijuana cards. A medical marijuana patient unlawfully possessing a gun is a category B felony carrying up to 6 years in Nevada State Prison and a ,000 fine.
Federal law is more straightforward. Under 18 USC 922(g)(3), the feds do not recognize medical marijuana as lawful notwithstanding state laws permitting it. But it is highly unlikely that a federal raid would occur on a medical marijuana patient. This crime carries up to 10 years in Federal Prison.
LAS VEGAS DEFENSE GROUP, L.L.C.
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