Additional Drug Crimes

Drug House

Pursuant to NRS 453.316 a person who open or maintains any place for the purpose of unlawfully selling, giving away or using any controlled substance is guilty of a category B felony, which carries a maximum penalty of up to six (6) years in the Nevada Department of Corrections and a fine of up to $10,000.00. If a person is a first time offender, he or she is probation-eligible, however, any subsequent convictions for the same type of offense will result in a mandatory prison sentence.

Imitation Drugs

Pursuant to NRS 453.332 it is a misdemeanor offense, punishable by up to six (6) months in county jail and/or a fine of up to $1,000.00, to manufacture, distribute, sell or possess with the intent to distribute or sell an imitation controlled substance. A person who uses or possesses an imitation drug is guilty of a gross misdemeanor, punishable by up to 1 year in county jail and/or a fine of up to $2,000.00. Further, advertising or soliciting for the distribution of a controlled substance is a gross misdemeanor. A third charge for sale of an imitation drug can result in a category “C” felony, punishable by 1 to 5 years in the Nevada Department of Corrections. There are a number of defenses available to this type of charge, including, no reasonable person would believe that the substance involved had the typical characteristics of the real drug. For example, the appearance, price or shape of the drug is nothing comparable to the real drug, and no reasonable person would believe it to be the real drug sought.

Drugs and Children

Pursuant to NRS 453.3325 illegal drugs and children do not mix. The use, sale or manufacture of illegal drugs where children are present carries a wide range of penalties ranging from felonies, which are probation eligible to life sentences. Below is a brief discussion outlining Nevada law in this regard:

Marijuana & Children

The only drug, which is excluded here, is marijuana. In other words, Nevada law does not penalize the use, possession or sale of marijuana where children are present. This, however, can be very misleading.

While marijuana may be excluded from NRS 453.3325, this is an area that still can be problematic on multiple levels. Nevada has not yet decriminalized the use, possession or distribution of marijuana, which means, marijuana remains a schedule I controlled substance, with penalties ranging from misdemeanor charges (possession of less than 1 ounce) to possible life sentences for trafficking of large quantities of marijuana (The only exception here is a person holds a valid Nevada medical marijuana card, which does make possession of up to 1 ounce of medical marijuana lawful under Nevada state law). Moreover, marijuana remains an illegal, schedule I controlled substance under federal law. Finally, if a child uses marijuana the responsible adult has likely exposure to charges for Abuse, Neglect or Endangerment of Child pursuant to NRS 200.508, et seq (see other section of this website).

Use of Illegal Drugs & Children (excepting Marijuana)

The use of illegal drugs while children are present is a category “C” felony, punishable by 1 to 5 years in the Nevada Department of Corrections and/or a fine of up to $10,000.00. The use of an illegal drug, which does not result in substantial bodily harm or death to a child becomes a category “C” felony. If the use of the drug causes substantial bodily harm to the child, other than death, this becomes a category “B” felony, punishable by 6 to 20 years, and/or a fine of up to $20,000.00. Finally, if the use of the illegal drug results in a child’s death, this becomes a category “A” felony, punishable by up to life in prison.

Sale or Distribution of Illegal Drugs & Children

The sale or distribution of an illegal drug where a child is present, is a category “B” felony, punishable by 3 to 15 years in the Nevada Department of Corrections. If the sale or distribution of the drug causes substantial bodily harm to the child, other than death, this becomes a category “B” felony, punishable by 6 to 20 years, and/or a fine of up to $20,000.00. Finally, if the sale of the illegal drug results in a child’s death, this becomes a category “A” felony, punishable by up to life in prison.

Manufacture of Illegal Drugs & Children

The manufacture of an illegal drug where a child is present, is a category “B” felony, punishable by 5 to 20 years in the Nevada Department of Corrections. If the manufacture of the drug causes substantial bodily harm to the child, other than death, this becomes a category “B” felony, punishable by 6 to 20 years, and/or a fine of up to $20,000.00. Finally, if the manufacture of the illegal drug results in a child’s death, this becomes a category “A” felony, punishable by up to life in prison.

Sale of Illegal Drugs to Children

The sale of drugs to a minor can carry harsh penalties. Pursuant to NRS 453.334 it is a category “A” felony, punishable by up to life in prison, where a person who has been previously convicted of selling illegal drugs to children receives a second, or subsequent conviction for selling illegal drugs to children. This means that if you are twice convicted of selling drugs to a child, you could face up to life in prison.

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