Possession of a Controlled Substance in Nevada

In Nevada, it is illegal to possess an illegal or a controlled substance (without a prescription). Depending on the type of substance involved, the criminal charges one may face here range from a misdemeanor through very serious felony offense, both Nevada state and federal. There a range of possible criminal penalties a Las Vegas Criminal Defendant may face including, county jail time through life imprisonment.

There are a number of very good defenses to these types of charges, especially if a Las Vegas Defendant, faces a first time drug offense. If you are a Las Vegas defendant charged with controlled substance possession, contact Las Vegas Criminal Defense Attorney David R. Fischer today to schedule a free consultation.

Nevada State Drug Trafficking

In Nevada, possessing illegal drugs in an amount exceeding 4 grams can have very serious consequences, including, being charged with drug trafficking. A person convicted of drug trafficking is not eligible for probation, in other words, prison time is mandatory.

There are three levels of drug trafficking in Nevada under NRS 453.3385:

• Low level (4 grams, but less than 14 grams)
• Mid-level (14 grams – but less than 28 grams)
• High-level drug trafficking (over 28 grams)

The punishment range for a low-level drug trafficking offense is 1-6 years in the Nevada Department of Corrections; for mid-level drug trafficking, 2-15 years; and up to life for a high-level drug trafficking conviction. Low and mid=level drug trafficking are category B felonies, and high-level drug trafficking is a category A felony.

There are a number good defenses to a Nevada state drug trafficking charge. If you have been charged with drug trafficking in Las Vegas, Henderson, North Las Vegas, Boulder City, Mesquite Justice Court, call Attorney David R. Fischer at today to schedule a free consultation.

Federal Drug Trafficking Overview

In Nevada federal court, drug charges can be very serious, and pursuant to 21 U.S.C. Sec. 841 (a)(1),(2) the following is unlawful:

• To manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or
• To create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance

Depending on the amount of the illegal drug involved, federal drug criminal charges in Nevada may result in exposure to certain mandatory minimum sentences. See 21 U.S.C. Sec. 841. The mere possession of schedule I or II controlled substance can result in prison sentence exposure of up to 20 years. See 21 U.S.C. Sec. 841 (b)(C).

Mandatory minimum sentences apply as the quantity of the alleged controlled substance involved increases. See 21 U.S.C. Sec. 841 (b)(1)(A),(B). For example to possess 5 grams or more of methamphetamine can expose a criminal defendant in Nevada to a mandatory minimum sentence of 5 years and a maximum sentence of 40 years. See 21 U.S.C. Sec. 841(b)(B)(viii). Further, to possess 50 grams or more of methamphetamine can expose a criminal defendant to a mandatory minimum sentence of ten (10) years and a maximum sentence of up to life in prison. See 21 U.S.C. 841 (b)(1)(A)(viii).

There are a number good defenses to a Nevada federal drug trafficking charge. For example, if you are a first time drug offender, with no criminal record you may be eligible for a provision under the United States Sentencing Guidelines, which allow certain types of first time drug offenders to avoid mandatory minimum sentencing penalties.