In the State of Nevada, the possession of most drugs without a prescription is a felony. The possession of items such as a pipe, syringe, spoon, scale, balloon, wrapping paper, or vial is a misdemeanor if law enforcement can connect these items to the possession or sale of drugs. Possession of drugs with the intent to sell is also a felony and the possession of a large quantity of drugs may constitute drug trafficking. A judge is required by law to send an offender to prison for drug trafficking.
Most first or second drug-related offenses can be reduced to a simple misdemeanor or dismissed with community service, a drug awareness class, and the payment of a small fine. However, a history of drug-related offenses may discourage the prosecuting attorney from reducing the current offense. If the offender is addicted to drugs, drug court or a long-term inpatient or outpatient treatment program may be available in lieu of prison. The benefit to drug court is that the court will dismiss the charge upon successful completion of the program.
A conviction for drug possession carries a variety of consequences at school, such as the loss of student aid; and work, such as the revocation of some professional licenses. A conviction may also result in deportation or removal if the person is not a United States citizen. It is important to hire a knowledgeable and experienced criminal defense attorney that will navigate drug possession charges diligently and help avoid these consequences.
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Possession of Drug Paraphernalia (ex. a pipe, syringe, spoon, scale, balloon, wrapping paper, or vial) is a Misdemeanor and punishable by up to six (6) months in jail and a fine not to exceed $1,000. (NRS 453.566)
Possession of a Controlled Substance (ex. Meth, Heroin, Ecstasy, LSD, Vicodin, OxyContin, Adderall, or Xanax) without a lawful prescription is a Category E Felony and punishable by one (1) to four (4) years in prison and a fine not to exceed $5,000. Possession of a Controlled Substance may rise to a Category D Felony for subsequent offenses, which is punishable by one (1) to four (4) years in prison and a fine not to exceed $10,000. (NRS 453.336)
Possession of a Controlled Substance with the Intent to Sell is a Category D Felony and punishable by one (1) to four (4) years in prison and a fine not to exceed $5,000. Possession of a Controlled Substance with the Intent to Sell may rise to a Category C Felony for subsequent offenses, which is punishable by one (1) to five (5) years in prison and a fine not to exceed $10,000. (NRS 453.337)
"Trafficking a Controlled Substance" is a non-probationable offense, meaning that the judge is required by law to send the offender to prison. Possession of four (4) to fourteen (14) grams of most controlled substances is a Category B Felony and punishable by one (1) to six (6) years in prison and a fine not to exceed $50,000. Possession of fourteen (14) to twenty-eight (28) grams of most controlled substances is a Category B Felony and punishable by two (2) to fifteen (15) years in prison and a fine not to exceed $100,000. Lastly, possession of more than twenty-eight (28) grams of most controlled substances is a Category A Felony and punishable by life with the possibility of parole after ten (10) years or ten (10) to twenty-five (25) years in prison and a fine not to exceed $500,000. (NRS 453.3385, NRS 453.3405)
