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Nevada Drug Possession, Sale, and Trafficking Laws

The impact of a drug conviction can be severe for misdemeanors and felonies in Nevada. With the widespread use of background checks, a conviction can close many doors to future employment opportunities. Certain fields can be especially thorough with background checks and will disqualify people with drug convictions. This includes many fields of health care, law enforcement agencies, and other government agencies. Given the stakes, it is important to understand Nevada drug laws, even if you are represented by a defense attorney.

Currently, Nevada law severely punishes people arrested for illegal drug possession, manufacturing, cultivation, and trafficking. Commonly used drugs on this list include cocaine, heroin, opium, LSD, ecstasy, and a variety of other narcotics. Chapter 453 of the Nevada Controlled Substances Act defines the drug program, offenses and penalties in the state. Some of the offenses defined are:

  • NRS 453.316 – Maintenance of a place for the unlawful sale, gift, or use of a controlled substance
  • NRS 453.321 – Offer, attempt or commission of unauthorized acts related to controlled substances
  • NRS 453.322 – Offer, attempt or commission of manufacture or combination of controlled substances
  • NRS 453.331 – Distribution of Controlled Substances, Use of Unauthorized Registration Number, and Possession of Signed Blank Prescription Forms
  • NRS 453.333 – Second or subsequent offense for selling a controlled substance to a minor
  • NRS 453.336 – Unlawful Possession Not for Sale
  • NRS 453.337 – Unlawful Possession for Sale of Flunitrazepam (Rohypnol), Gamma-Hydroxybutyrate (GHB), and Schedule I or II Substances
  • NRS 453.338 – Unlawful Possession for Sale of Schedule III, IV, or V Substances
  • NRS 453.3385 – Trafficking in Controlled Substances Trafficking in Controlled Substances: Rohypnol, GHB, and Schedule I Substances (not including marijuana)
  • NRS 453.339 – Marijuana Trafficking

Penalties for drug crimes in Nevada can vary, depending on the specific criminal offense, the circumstances of the arrest, the amount of illegal drugs involved, the criminal history of the alleged offender, and the strength of the defense or the prosecution’s case. Under the Nevada Controlled Substances Act, the most common crimes can be punished as follows:

Possession of drugs, not for sale

  • Class E Felony (First or Second Offense, Schedule I, II, III, or IV)) – 1 to 4 years in state prison or probation and/or up to $5,000 in fines
  • Class D Felony (3rd or subsequent offense, Schedule I, II, III, or IV): 1-4 years in state prison and/or up to $5,000 in fines
  • Class E Felony (First Offense, Schedule V): 1-4 years in prison or probation and/or fines up to $5,000
  • Class D Felony (2nd or subsequent offenses, Schedule V): 1-4 years in Nevada State Prison and/or up to $5,000 in fines

Illegal possession of Schedule I or II drugs, Rohypnol, gold GHB

  • 1st offense, category D felony – 1 to 4 years in state prison and/or up to $5,000 in fines
  • 2nd Offense, Category C Felony: 1-4 years without parole in Nevada State Prison and/or up to $10,000 fine
  • 3rd or later offense, category B felony: punishable by 3 to 15 years without parole in state prison and/or a fine of up to $20,000 for each offense

Unlawful possession for sale of Schedule III, IV, or V drugs

  • First and second offenses, category D felony: punishable by 1 to 4 years without parole in state prison and/or up to $10,000 in fines
  • Third or subsequent offense, Category C Felony: May be punishable by 1-5 years without parole in Nevada State Prison and/or up to $10,000 in fines

Drug Trafficking (Annex I)

  • Category B Felony (between 4 and 14 grams): Punishable by 1 to 6 years without parole (mandatory prison) in Nevada State Prison and/or up to $50,000 in fines
  • Category B felony (between 14 and 28 grams): punishable by 2 to 15 years without parole (mandatory prison) in Nevada State Prison and/or up to $100,000 in fines
  • Category A felony (28 grams or more) – punishable by 25 years without parole (mandatory prison) to life in prison and a fine of up to $500,000

However, Nevada has surprisingly moved to a certain level of acceptance regarding marijuana, along with many other states in the country. Nevada decriminalized the use of medical marijuana in 2001 when 65% of state voters moved to amend the state constitution to recognize its legitimate use in a medical capacity. However, to comply with state law, medical marijuana users must have documented permission from a physician.

Once registered with the Nevada Department of Health and Human Services: State Health Division, a person may use, possess, and cultivate marijuana to a limited extent (up to 1 ounce possession and up to 7 cultivated plants, of which only 3 may be ripe). Note that Nevada has not decriminalized marijuana use for the general population as other states such as California, Connecticut, and Mississippi have.

There are currently several ongoing legal battles regarding medical marijuana laws and how people can obtain medical marijuana. As the law stands today, a person must produce their own medical marijuana to legally obtain medical marijuana. A person cannot get it from a centralized location like a dispensary. Furthermore, although the State of Nevada has approved the use of medical marijuana, the federal government has not and is beginning to invoke Federal Law against those who use and grow medical marijuana. Keep in mind that even if you are following state laws, you can be arrested and convicted of violating federal laws.

Possession of marijuana by unapproved medical users remains a serious criminal offense. Under the Nevada Controlled Substances Act, the crime of possession of non-medical marijuana can result in the following punishments:

Possession of 1 ounce or less of marijuana

  • 1st offense, misdemeanor – Up to $600 fine or drug abuse treatment exam
  • 2nd offense, misdemeanor – Up to $1000 fine or drug treatment/rehab program
  • 3rd offense, serious misdemeanor – Up to 1 year in county jail and/or up to $2,000 in fines
  • Fourth or subsequent offense, category E felony: 1-4 years in state prison or probation and/or a fine of up to $5,000

It is important to remember that an arrest for a drug-related crime does not necessarily mean that a conviction will follow, regardless of whether the individual was charged with a misdemeanor or felony. If you have an experienced Nevada drug defense attorney, he or she can use many of the details surrounding the case to your advantage. This may include inadequate search and investigation procedures, lack of probable cause to stop (in cases of vehicle arrests), violations of constitutional rights, competency of witnesses, and other miscellaneous facts.

Pleading guilty to a drug crime does not necessarily mean that the defendant will receive a lighter sentence. Many people facing this situation also find it beneficial to retain an attorney from the moment of arrest, regardless of his or her state of innocence. Prosecuting officials and law enforcement officials do not have the best interests of the accused in mind and may overlook details in their pursuit of justice. It is in your best interest to consult with a Nevada defense attorney about his legal options.

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