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Nevada Possession of Controlled Substance Laws

On Behalf of | Dec 9, 2013 | Criminal Defense |

Nevada ( drug) possession of controlled substance laws have some of the most strict penalties in the country.

Nevada laws are comprised of some of the most rigid laws in the United States with regard to drug possession and distribution of controlled substances.

There are many different types of possession charges under the laws of Nevada, including:

  • Possession of a controlled substance
  • Possession of drug paraphernalia
  • Possession with intent to sell
  • Sale of a controlled substance
  • Trafficking in controlled substances

Definition of Possession in Nevada
Nevada laws define this as having custody of drug paraphernalia or narcotics. Paraphernalia includes any equipment, material, or product that is used to conceal, produce, or use narcotics. Examples of narcotics include marijuana, cocaine, opium, or any other controlled substance. Individuals may also be charged for simply being in the presence of an illegal substance or for having them in their car or home.

Nevada utilizes a “Drug Schedule” comprised of categories of substances.

Schedule I: These substances have no legit medical purpose, with the exception of legalized medical marijuana, and a high propensity of abuse.

  • Ecstasy
  • Heroin
  • Acid/LSD
  • PCP
  • Peyote
  • GHB – “date rape drug”
  • Amphetamines and Methamphetamines – “Crank,” “Speed,” or “Crystal Meth”
  • THC – Marijuana, Cannabis – “Pot,” or “Weed”

Schedule II: These substances may have an approved medical use. Repeated use can produce addiction or dependency. They are prescribed by physicians and adhere to rigorous recording procedures.

  • Cocaine
  • Morphine
  • Opium
  • Hydromorphone or Dilaudid
  • Ritalin
  • Oxycontin or Oxycodone
  • Hydrocodone, Vicodin, Lorcet, or Lortab

Schedule III: These substances have a lower tendency for addiction or abuse and may be approved for medicinal use.

  • Codeine
  • Anabolic steroids
  • Testosterone
  • Ketamine

Schedule IV: These substances have a low tendency for addiction or abuse and are approved for medicinal use.

  • Valium
  • Tranquilizers
  • Clonazepam
  • Xanax
  • Sedatives

Schedule V: These substances have an approved medical use and a very low tendency for addiction or abuse.

  • Cough suppressant
  • Demoral
  • Codeine

Penalties for Possession of Controlled Substance
The penalties depend on which schedule the substance falls under, the amount of the substance found, and whether the individual has a prior record of substance-related convictions.

Depending on these details, the individual could be charged with a felony, receive jail or prison time, and pay a hefty fine. First time offenders could receive a suspended jail sentence, probation, rehab or Drug Court, community service, or have the charges dismissed.

Possession for “Purpose of Sale” Laws in Nevada
The individual must have custody of narcotics as well as intent to distribute or sell them. Factors pointing to intent to sell or distribute include large quantities, a lot of cash or weapons on the person, found in an area known for drug dealers, or found with baggies or a scale.

Nevada Drug Trafficking Laws
Trafficking laws address making, selling, or transporting drugs in large quantities. Penalties include mandatory prison sentences and fines as high as $500,000.

Drug-related charges should not be taken lightly and demand a knowledgeable attorney to fight them. Ace Law Group is highly experienced in defending charges of all degrees.