Existing law provides that a person who is convicted of the possession of 1 ounce or less of marijuana is guilty of a misdemeanor and subject to certain specified penalties. However, for the purpose of those penalties, existing law excludes concentrated cannabis from the definition of “marijuana.” Under existing law, a person who is convicted of the possession of one-eighth of an ounce or less of concentrated cannabis is subject to the same penalties that apply to a person who is convicted of the possession of any other controlled substance listed in schedule I in which the quantity involved is less than 14 grams. Existing law provides that such a person is guilty of a category D or E felony, depending on whether the offense is a first, second or third or subsequent offense. (NRS 453.336) Section 1 of this bill decreases the penalty for the possession of one-eighth of an ounce or less of concentrated cannabis to a misdemeanor and subjects a person who commits such an offense to the same penalties that apply to a person who is convicted of the possession of 1 ounce or less of marijuana. Existing law defines “alcohol or marijuana offense” for certain purposes relating to juvenile justice to include certain offenses committed by children relating to the possession of 1 ounce or less of marijuana. (NRS 62E.173) Existing law: (1) provides that juvenile courts have exclusive jurisdiction over alcohol or marijuana offenses committed by children; and (2) sets forth certain penalties for a child who commits such an offense. (NRS 62B.320, 62E.173) Under existing law, a child who commits an alcohol or marijuana offense is, for a first or second offense, a child in need of supervision and is not a delinquent child. (NRS 62E.173) Section 4 of this bill expands the definition of “alcohol or marijuana offense” to include certain offenses relating to the possession of one-eighth of an ounce or less of concentrated cannabis, thereby: (1) providing juvenile courts with exclusive jurisdiction over such an offense committed by a child; and (2) subjecting a child who commits such an offense to the same penalties as a child who commits an offense relating to the possession of 1 ounce or less of marijuana. Section 2 of this bill makes a conforming change to indicate that a child who commits a first or second offense relating to the possession of one-eighth of an ounce or less of concentrated cannabis does not commit a delinquent act. Existing law authorizes a peace officer to issue a child a citation for certain offenses, including, among other offenses, certain offenses relating to the possession of 1 ounce or less of marijuana. (NRS 62C.073) Section 3 of this bill authorizes a peace officer to issue a child a citation for certain offenses relating to the possession of one-eighth of an ounce or less of concentrated cannabis.

Statutes affected:
As Introduced: 453.336, 62B.330, 62C.073, 62E.173
BDR: 453.336, 62B.330, 62C.073, 62E.173