Drug Crimes

Drug crimes in Nevada may encompass a range of offenses, including possession, trafficking, transporting, selling, manufacturing, paraphernalia, counterfeit substances, and maintaining a drug house.

Drug Possession

Drug possession means having a substance in your dominion and control. The crime may be questionable if the individual is around others or in a vehicle. However, Nevada law allows for legal possession of one ounce or less of marijuana or 1/8th ounce or less of concentrated marijuana.

The penalties for drug possession will vary depending on the type of drug and whether the defendant has prior drug possession convictions.

Drugs classified as Schedule I, II, III, or IV are considered to have varying degrees of the potential for abuse and include meth, heroin, PCP, cocaine, anabolic steroids, and valium. Schedule V drugs are considered to have a low potential for abuse, such as a cough suppressant.

Possession of drugs classified as Schedule I, II, III, or IV by the FDA is punishable by:

  • One to four years in state prison for a first or second offense (defendants may avoid prison by receiving probation through a drug court program for a first-time offense)
  • One to four years of prison and a $20,000 fine for third- and subsequent offenses

Possession of Schedule V drugs are punishable by:

  • One to four years in prison for a first offense, with the possibility of attending a drug court diversion program
  • One to four years in prison plus a possible $5,000 fine for a second offense

Possible defense strategies for drug possession include:

  • Lack of intent
  • Illegal search/seizure
  • Phoning in an overdose

Trafficking, Transporting, or Selling

Selling drugs is a more serious offense that carries more severe punishment. Individuals found with scales or baggies of drugs may be charged with intent to sell. Punishment for possession with intent to sell is punishable by:

  • Schedule I or II drugs: one to four years in prison and a maximum fine of $5,000 for a first offense; one to five years in prison with a $10,000 fine for a second offense; three to 15 years in prison with a fine of up to $20,000 for a third offense.
  • Schedule III, IV, or V drugs: one to four years in prison with a fine of up to $10,000 for a first or second offense; one to five years in prison with a fine of up to $10,000 for a third offense.

Possession of drug paraphernalia with the intent to sell is punishable by one to four years in state prison and a fine of up to $5,000.

Selling a controlled substance of Schedule I or II drugs is punishable by one to six years in prison and a $20,000 fine for a first offense; two to 10 years in prison for a second offense, three to 15 years in prison for a third offense.

Manufacturing

Manufacturing drugs is illegal and comes with a six-year prison sentence.

Counterfeit Drugs

Selling a counterfeit controlled substance is punishable by six years in prison. Repeat offenses will be punished by harsher penalties.

If you’ve been charged with a drug crime, call Thomas Moskal for legal representation. He knows what it takes to fight for your rights.

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