Nevada Drug Crimes

Overview of Drug Crimes in Las Vegas Nevada

Many people believe that “anything goes” in Las Vegas. Those that live here know that is simply not true. Nevada enforces some of the strictest drug laws in the United States, with severe penalties for a wide range of offenses related to controlled substances. Drug crimes in Nevada can vary from simple possession to large-scale trafficking, with penalties that range from probation and fines to lengthy prison sentences. Understanding the specific charges and potential punishments under Nevada law is essential for anyone facing drug-related allegations.

This guide outlines the various drug crimes in Nevada, referencing the appropriate statutes and penalties, and provides insight into how a skilled defense lawyer can assist in these cases.

Types of Drug Crimes in Nevada

Nevada law classifies drug offenses based on the type of substance involved, the quantity, and the defendant’s actions (e.g., possession, sale, or trafficking). Here are the most common drug offenses in the state, along with their statutory references and potential penalties.

1. Possession of a Controlled Substance

• Statutory Reference: NRS 453.336
• Overview: This is one of the most common drug charges in Nevada and applies to anyone found in possession of an illegal drug without a valid prescription. Controlled substances include drugs like cocaine, methamphetamine, heroin, and certain prescription medications.
• Penalties:
  • First and second offenses (less than 14 grams): Category E felony, punishable by 1 to 4 years in prison and/or fines up to $5,000. However, probation is typically available for first-time offenders.
  • Third offense: Category D felony, punishable by 1 to 4 years in prison.
  • Possession of 14 grams or more: Considered trafficking (see below for penalties).

2. Possession with Intent to Sell

• Statutory Reference: NRS 453.337
• Overview: If a person is caught with a quantity of drugs large enough to suggest they intend to sell or distribute the substance, they may be charged with possession with intent to sell.
• Penalties:
  • For smaller amounts (less than 14 grams), this is a Category D felony, punishable by 1 to 4 years in prison.
  • Larger quantities, especially for drugs like methamphetamine, heroin, or cocaine, can lead to more severe penalties.

3. Sale or Distribution of a Controlled Substance

• Statutory Reference: NRS 453.321
• Overview: This crime involves the actual sale or attempted sale of controlled substances. Any transaction involving illegal drugs can result in serious felony charges.
• Penalties:
  • First offense: Category C felony, punishable by 1 to 5 years in prison and fines up to $10,000.
  • Subsequent offenses: Category B felony, punishable by 2 to 10 years in prison and fines up to $10,000.

4. Drug Trafficking

• Statutory Reference: NRS 453.3385
• Overview: Trafficking is one of the most serious drug crimes in Nevada, and it applies to anyone involved in the possession, sale, or transport of large quantities of controlled substances. Trafficking penalties are based on the amount of drugs involved.
• Penalties:
  • Low-Level Trafficking (100 grams to less than 400 grams): Category B felony, punishable by 2 to 20 years in prison and fines up to $100,000.
  • High-Level Trafficking (400 grams or more): Category A felony, punishable by life in prison with the possibility of parole after 10 years or 25 years with eligibility for parole after 10 years. Fines can reach up to $500,000.

5. Manufacturing or Cultivating Controlled Substances

• Statutory Reference: NRS 453.322
• Overview: This crime involves the illegal production or cultivation of drugs, including growing marijuana plants in quantities exceeding legal limits or manufacturing substances like methamphetamine.
• Penalties:
  • Category B felony, punishable by 2 to 15 years in prison and fines up to $100,000.

6. Possession of Drug Paraphernalia

• Statutory Reference: NRS 453.566
• Overview: Possessing items used to consume, produce, or distribute drugs, such as pipes, syringes, or scales, can lead to misdemeanor charges.
• Penalties: Misdemeanor offense, punishable by up to 6 months in jail and fines up to $1,000.

7. Conspiracy to Violate Drug Laws

• Statutory Reference: NRS 453.401
• Overview: Conspiring with one or more persons to commit a drug-related crime can result in charges of conspiracy, even if the crime itself was not completed.
• Penalties:
  • Depending on the underlying drug crime, conspiracy can be charged as a Category C or B felony, with penalties ranging from 1 to 10 years in prison.

8. Drug Possession in a School Zone

• Statutory Reference: NRS 453.3345
• Overview: Nevada law enhances penalties for individuals caught possessing or selling drugs within 1,000 feet of a school, playground, or public park.
• Penalties: Enhancements can add additional prison time to any underlying drug offense, typically adding up to 1 year of additional imprisonment.

Understanding Nevada’s Drug Schedules

Nevada classifies controlled substances into five schedules, based on their potential for abuse and medical use:

• Schedule I: High potential for abuse and no accepted medical use (e.g., heroin, LSD, ecstasy).
• Schedule II: High potential for abuse but some accepted medical uses (e.g., cocaine, methamphetamine, oxycodone).
• Schedule III, IV, and V: Less potential for abuse, with accepted medical uses. These drugs include certain prescription medications.

The schedule of the drug involved in your case will significantly impact the charges and penalties you face. Higher schedule drugs typically lead to harsher sentences.

Penalties for Drug Crimes in Nevada Post-AB236

Effective July 1, 2020, Nevada Assembly Bill 236 (“AB 236”) was signed into law, making significant changes to Nevada criminal laws and penalties. While they changed the landscape of Nevada law, the penalties for drug crimes in Nevada remain strict, especially for trafficking offenses. The exact penalties you may face depend on factors such as the quantity of drugs involved, whether the offense involved intent to sell or distribute, and your criminal history.

Why You Need an Experienced Drug Crimes Lawyer

Facing drug charges in Las Vegas can be overwhelming, especially with Nevada’s harsh penalties for drug-related crimes. With the introduction of AB236, there are new opportunities for probation and alternative sentencing for lower-level offenses, but more serious crimes like trafficking are still subject to mandatory prison terms.

If you are convicted of a drug crime, the consequences can extend beyond prison time and fines. You could face long-term challenges, including:

• Permanent Criminal Record: A felony conviction will remain on your record, impacting future employment, housing, and educational opportunities.
• Loss of Professional Licenses: Many professions, such as healthcare, education, and finance, require state licenses, which can be revoked if you are convicted of a drug crime.
• Immigration Consequences: For non-U.S. citizens, a drug conviction can lead to deportation or removal proceedings under federal immigration law.

Attorney Josh Tomsheck has extensive experience defending clients against all types of drug charges, from possession to trafficking. As a former prosecutor, Josh understands how the state builds its case and uses that knowledge to find weaknesses in the prosecution’s evidence.

Defending Against Drug Crime Charges in Las Vegas

The best defense strategy for your case will depend on the circumstances of your arrest and the charges you are facing. Some of the most common defenses include:

• Illegal Search and Seizure: If law enforcement conducted an unlawful search or seizure, evidence obtained during the search may be inadmissible in court. Josh Tomsheck will thoroughly examine the circumstances of your arrest to determine if your rights were violated.
• Lack of Intent: For charges involving intent to sell or distribute drugs, the prosecution must prove that you intended to sell the substances. Without strong evidence of intent, these charges may be reduced or dismissed.
• Entrapment: If you were coerced or induced by law enforcement to commit a drug-related crime that you otherwise would not have committed, you may have a valid entrapment defense.
• Challenging the Evidence: Josh Tomsheck will meticulously scrutinize the prosecution’s evidence, challenging its validity and seeking to suppress any unlawfully obtained evidence.

How a Las Vegas Drug Crimes Lawyer Can Help

Being charged with a drug crime in Nevada is a serious matter that can affect every aspect of your life. The consequences of a conviction can include imprisonment, hefty fines, loss of professional licenses, and a permanent criminal record. That’s why it’s critical to have an experienced criminal defense lawyer on your side.

Attorney Josh Tomsheck, a nationally board-certified criminal trial lawyer and co-founder of the LV Criminal Law Center, has extensive experience defending clients against all types of drug charges. As a former Chief Deputy District Attorney, Josh understands how the prosecution builds its case and knows how to challenge evidence, suppress illegally obtained materials, and negotiate favorable outcomes.

Whether you’re facing simple possession charges or high-level trafficking accusations, Josh Tomsheck can provide the aggressive defense you need. Contact Hofland & Tomsheck today for a free consultation and start building your defense against Nevada drug charges.