Home State Laws The State Laws of Nevada

The State Laws of Nevada

The State Laws of Nevada

Disclaimer:

 Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation. 

Nevada Abortion Laws

Within the state of Nevada, Abortion is defined as the purposeful termination of a pregnancy through procedural means. Subsequent to the decision of Roe v. Wade, abortion became legal within the United States – however, Nevada state legislation expresses a variety of stipulations with regard to a legal abortion process:

•    Subsequent to 24 weeks of pregnancy, a legal abortion may occur in the event that the protection and preservation of the life of the mother carrying a fetus is compromised as a result of a pregnancy; an abortion can take place in order to save the life of the mother only upon accredited and sanctioned medical review

•    Nevada State protects the ‘right to choose’ granted to a Mother; in the event that the development of a fetus does not exceed 24 weeks of pregnancy, a consensual abortion is considered to be legal – this excludes infanticide and partial birth abortion 

•    An illegal abortion is deemed as an abortion process that occurs in the event that the health and wellbeing of the mother is not in danger; furthermore, an illegal abortion is defined as a procedure that occurs outside of legal, accepted, and authorized medical procedural protocol – in the state of Nevada, unauthorized individuals conducting abortions may be charged with wrongful death or malpractice

Nevada Marijuana Laws

Within the state of Nevada, the possession of Marijuana – or Cannabis products – as well as the acts of growing or distributing marijuana without the expressed permission of the Nevada State Government is a punishable, criminal offense. The following penalties are associated with Marijuana within the state of Nevada:

Possession/Under the Influence of Marijuana

1.    Amount: Less than 1 ounce (first offense)

•    Penalty: rehabilitation and/or substance abuse treatment

•    Fines: $600

•    Classification: misdemeanor

2.    Amount: Less than 1 ounce (second offense)

•    Penalty: rehabilitation and/or substance abuse treatment

•    Fines: $1,000

•    Classification: misdemeanor

3.    Amount: Less than 1 ounce (third offense)

•    Penalty: 1 year incarceration

•    Fines: $2,000

•    Classification: gross misdemeanor

4.    Amount: Less than 1 ounce (fourth offense)

•    Penalty: 1 – 4 years’ incarceration

•    Fines: $5,000

•    Classification: Class E Felony

Cultivation and/or Intent to Distribute Marijuana

Supplementary Charges include Possession, Sale, and Sale to a minor with regard to Drug Paraphernalia; Marijuana charges may be subject to increase to the proximity to a school zone – sale to a minor may also incur additional fines and incarceration

5.    Amount: Less than 100 pounds (first offense)

•    Penalty:1 – 6 years’ incarceration

•    Fines: $20,000

•    Classification: felony

6.    Amount: Less than 100 pounds (second offense)

•    Penalty: 2 – 10 years’ incarceration

•    Fines: $20,000

•    Classification: felony

7.    Amount: Less than 100 pounds (subsequent offense)

•    Penalty: 3 – 15 years’ incarceration

•    Fines: $20,000

•    Classification: felony

8.    Amount: 100 to 2,000 pounds

•    Penalty: 5 years’ incarceration

•    Fines: $25,000

•    Classification: felony

9.    Amount: 2,000 to 10,000 pounds

•    Penalty: 2 – 20 years’ incarceration

•    Fines: $50,000

•    Classification: felony

10.    Amount: More than 10,000 pounds

•    Penalty: life imprisonment

•    Fines: $200,000

•    Classification: felony

11.    Amount: Sale to a minor (first offense)

•    Penalty: 1 – 20 years’ incarceration

•    Fines: varies

•    Classification: felony

12.    Amount: Sale to a minor (second offense)

•    Penalty: life imprisonment

•    Fines: varies

•    Classification: felony

13.    Amount: Sale within 1,000 feet of school zone

•    Penalty: penalties are doubled in conjunction with the initially-imposed charge(s)

•    Fines: fines are doubled in conjunction with the initially-imposed fine(s)

•    Classification: felony

Medical Marijuana

Within the state of Nevada, Medical Marijuana is considered to be legal upon prescription by an authorized, accredited medical professional; the appropriate amount allowed is 1 ounce per patient

Nevada DWI and DUI Laws

Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following DUI and DWI laws exist within the state of Nevada:

•    Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of Nevada, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .02%

•    The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense

•    In Nevada, supplementary penalties may be incurred due to BAC levels exceeding .18%

•    Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within Nevada, law enforcement agents are permitted to act in accordance with implied consent laws

•    Upon a DUI or DWI conviction, and individuals is subject to undergo the loss of driving privileges for a period of no less than 90 days’ time; penalties can range upwards of 3 years

•    Upon a second DUI or DWI conviction, an individual is subject to undergo the installation of an ignition interlock device

Nevada Gun Laws

A handgun is a firearm whose smaller size is fashioned to be used upon operation by one hand, which typically fire single round ammunition; within the state of Nevada, gun laws are as follows:

•    The sale, ownership, or possession of firearms with regard to convicted felons, minors under 14 without parental consent, illegal aliens, fugitives, individuals addicted to drugs or alcohol, or individuals who have been in long-term care in a mental health facility is illegal in the state of Nevada; individuals carrying illegal weapons on their person during the time of a crime, aggravated assault can be attributed to any coinciding criminal convictions imposed

•    A waiting period for the purchase of a firearm does not currently exist in the state of Nevada; in the event that there exist a concealed firearm application, a 120-day waiting period exists

•    Current listing or report of forearms considered to be illegal in the state of Nevada: Metal piercing bullets, sawed-off rifles or shotguns, machine guns, silenced firearms, firearms with unlawfully-altered serial number(s)

Nevada Adoption Laws

In the state of Nevada, an individual who has been deemed as a law-abiding citizen at least 10 years – or older– than the individual for adoption; individuals must be of sound mind and moral character are permitted to adopt a child – individuals whom are wed must agree to an adoption in a joint fashion:

•    Any individual may be adopted; children above the age(s) of 14 must express consent with regard to a potential adoption

•    Within the state of Nevada, and individual must maintain residence for a period of no less than 6 months

•    Within the state of Nevada, the Department of Human Resources mandates all adoptions

Nevada Employment and Labor Laws

•    Within the state of Nevada, the minimum wage is $6.55 awarded per hour of labor; this does not include hours worked exceeding a 40-hour workweek

•    Within the state of Nevada, an individual’s employ cannot be terminated in the event that they report a violation or hazard taking place with regard to their respective employment – or place of employment

Nevada Divorce Laws

Within the state of Nevada, a divorce is defined as the termination of a marriage, which can occur upon a decision set forth by one or both partners involved in the marriage:

•    A divorce must be filed by an individual resident of Nevada

•    ‘No Fault’ divorce does exist on the grounds of incompatibility; a separation must take place for 1 years

•    Additional grounds for divorce can include legal separation and insanity

Nevada Death Penalty Laws

Within the state of Nevada, Capital Punishment – or the Death Penalty – is legal; however, additional stipulations exist with regard to this procedure:

•    In the event of mental instability or pregnant, capital punishment is disallowed

•    The minimum age permissible for a capital punishment sentence is 16 years of age

•    Within the state of Nevada, homicide is considered to be the only crimes punishable by death

•    The accepted means of capital punishment is the administration of lethal injection

Nevada Gambling Laws

Within the state of Nevada, Gambling is defined as the purposeful risking of any or all assets, property or monies with the intention of gain; a primary stipulation exists that expressed that the individual retains no control of peripheral outcome(s) with regard to any wagers set forth:

•    Licensed Horse racing wagering is legal

•    Licensed Dog racing wagering is legal

•    Licensed Casino Gambling is permissible; any and all unsanctioned structures and facilities intended to house gambling activity are deemed as illegal in the state of Nevada

Nevada Child Laws

Within the state of Nevada, the following stipulations with regard to child laws and child custody are recognized:

•    Joint custody is permitted

•    The rights implied within grandparental visitation are recognized

•    The wishes of any or all children involves are taken into consideration with regard to a custody decision