Understanding Nevada’s Drug Laws: From Possession to Trafficking

Navigating Nevada’s drug laws can be a complex and overwhelming experience for anyone facing charges. Whether you are accused of simple possession or trafficking a controlled substance, the consequences can be severe and life-altering. As one of the most stringent states in terms of drug enforcement, understanding the nuances of Nevada’s drug laws is essential for those facing charges and their loved ones. This guide will provide a comprehensive overview of the distinctions between possession, intent to distribute, and trafficking, as well as the potential penalties associated with each offense.

Categories of Drug Crimes in Nevada

Nevada’s drug laws are categorized based on the nature and severity of the offense. The three primary categories are:

Possession of a Controlled Substance
Possession with Intent to Distribute
Drug Trafficking

Each category carries different penalties and legal implications, so it is crucial to understand the specifics of each.

Possession of a Controlled Substance

Possession of a controlled substance in Nevada is governed by NRS 453.336, which makes it unlawful to hold or control a drug without a valid prescription. This offense is generally charged when a person has a small quantity of drugs for personal use.

Types of Possession

Actual Possession: The drugs are found on your person, such as in your pockets or bag.
Constructive Possession: You have control over the drugs even if they are not directly on you, such as in your car or home.
Joint Possession: More than one person has control over the substance, such as drugs found in a shared space like a living room.

Penalties for Possession

The penalties for simple possession largely depend on the type and amount of the drug and whether the individual has prior convictions. Controlled substances in Nevada are classified into schedules based on their potential for abuse and accepted medical use, as defined in NRS 453.166 to NRS 453.219:

Schedule I: Drugs with no accepted medical use and a high potential for abuse (e.g., heroin, LSD).
Schedule II: Drugs with a high potential for abuse but some accepted medical uses (e.g., cocaine, methamphetamine).
Schedule III-V: Drugs with progressively lower potential for abuse and accepted medical uses (e.g., anabolic steroids, prescription medications).

For a first-time offense of possession of a Schedule I or II controlled substance, the individual may face a category E felony, which can lead to 1-4 years in prison and fines up to $5,000, pursuant to NRS 193.130. However, for first-time offenders, Nevada law often allows for probation and diversion programs, such as the drug court program, which can lead to the dismissal of charges upon successful completion, as per NRS 453.3363.

Possession with Intent to Distribute

Possession with intent to distribute is covered under NRS 453.337 and involves holding a controlled substance with the intention of selling, delivering, or distributing it to others. The distinction between simple possession and intent to distribute can be subtle and is often based on circumstantial evidence.

Indicators of Intent to Distribute

Several factors can elevate a possession charge to intent to distribute:

Quantity: A larger quantity of drugs than what would typically be used for personal consumption.
Packaging: Drugs divided into smaller packages or baggies.
Paraphernalia: The presence of scales, baggies, large amounts of cash, or other tools associated with drug sales.
Communications: Evidence of communications suggesting drug sales, such as text messages or phone calls.

Penalties for Possession with Intent to Distribute

The penalties for possession with intent to distribute are significantly harsher than for simple possession and vary based on the drug’s schedule:

Schedule I & II Substances: A category D felony with penalties ranging from 1 to 4 years in prison and fines up to $5,000 for a first offense, according to NRS 453.337(2)(a).
Schedule III, IV & V Substances: A category D felony with penalties ranging from 1 to 4 years in prison and fines up to $10,000 for a first offense, as per NRS 453.337(2)(b).

It is important to note that the penalties can increase with subsequent offenses and higher quantities of the drug.

Drug Trafficking

Drug trafficking in Nevada is addressed under NRS 453.3385 and is the most severe drug offense, involving the manufacture, transport, sale, or possession of large quantities of controlled substances. The thresholds for trafficking charges depend on the type and amount of the drug.

Threshold Amounts for Trafficking

Schedule I Drugs (e.g., heroin, cocaine, methamphetamine): Possession of 100 grams or more.
Marijuana: Possession of more than 50 pounds, as defined in NRS 453.339.

Penalties for Drug Trafficking

Drug trafficking is classified as either low-level, mid-level, or high-level trafficking, with escalating penalties:

Low-Level Trafficking: Possession of at least 100 grams but less than 400 grams. This is a category B felony, carrying 2 to 10 years in prison and fines up to $100,000, under NRS 453.3385(1).
Mid-Level Trafficking: Possession of 400 grams or more. This is a category A felony, carrying 10 years to life in prison, with the possibility of parole after 10 years, and fines up to $500,000, pursuant to NRS 453.3385(2).
High-Level Trafficking: Involves large-scale operations and carries the most severe penalties, including life imprisonment without the possibility of parole.

Defending Against Drug Charges

Facing drug charges in Nevada can be a daunting experience, but there are various defense strategies that a skilled attorney can use, depending on the specifics of the case:

Unlawful Search and Seizure: If the evidence was obtained through an unlawful search or without a valid warrant, it may be suppressed under the exclusionary rule, in accordance with the Fourth Amendment.
Lack of Possession: Arguing that the defendant did not have actual or constructive possession of the drugs, which can be crucial under NRS 453.336.
Lack of Intent: Challenging the prosecution’s evidence of intent to distribute, particularly if the only evidence is circumstantial.
Entrapment: Demonstrating that law enforcement induced the defendant to commit a crime they would not have otherwise committed, which can be a defense under NRS 453.336.

Conclusion

Understanding the distinctions between possession, intent to distribute, and trafficking is crucial for anyone facing drug charges in Nevada. The consequences of a conviction can be severe, impacting every aspect of a person’s life. If you or a loved one is facing drug charges, it is essential to seek the guidance of an experienced attorney who can navigate the complexities of Nevada’s drug laws and develop a robust defense strategy. Attorney Josh Tomsheck is a board-certified criminal trial lawyer with extensive experience in handling drug cases in Nevada. Contact his office today for a confidential consultation to discuss your case and legal options.