Nevada takes the use and possession of controlled substances very seriously. Not only can these drugs be harmful to users, but they can also negatively impact users’ loved ones and the communities where these drugs are illegally distributed. But it’s not just sellers, distributors, and violent drug-related criminal activities that the justice system targets. Anyone in possession of a controlled substance can face serious consequences, including prison time and fines.
If you or someone you know is facing a possession of a controlled substance charge in Las Vegas, you can reach out to our Las Vegas criminal defense attorneys for a free consultation today. We will review your situation and advise you of the options you have and how we can help you fight your case.
What Does It Mean to Be in Possession of a Controlled Substance?
Nevada law defines being in possession of a controlled substance as someone knowingly and intentionally having one or more controlled substances on their person or property. According to NRS § 453.336, the person could be using or planning to use these drugs for personal use with no intention of selling or distributing them.
The intent to sell or distribute controlled substances has its own set of felony charges and punishments under NRS § 453.338. However, a person is not in illegal possession of a controlled substance if they have a legal prescription for it from a practicing medical professional.
Types of Controlled Substances
Controlled substances can be made from several materials, come from various sources, and have several effects on a user. Some controlled substances are chemicals used as drugs, narcotics, imported or locally manufactured substances, and even prescription drugs.
The U.S. Drug Enforcement Administration (DEA) lists five major classifications, known as schedules, for controlled substances in the United States.
- Schedule I, referring to substances with no federally mandated “accepted medical use” and a “high potential for abuse.”
- PCP
- Heroin
- Ecstasy (MDMA)
- LSD (Acid)
- Marijuana
- Peyote
- Quaalude (methaqualone)
- Schedule II, referring to substances that have a high rate of “psychological or physical dependence.”
- Cocaine
- Vicodin
- Methamphetamine
- OxyContin (oxycodone)
- Fentanyl
- Adderall
- Ritalin
- Schedule III, referring to substances with low potential for dependence.
- Ketamine
- Anabolic steroids
- Schedule IV, referring to substances with low potential for abuse and/or dependence.
- Valium
- Xanax
- Ambien
- Rohypnol
- Ativan
- Schedule V, referring to substances with lower potential for abuse but in certain quantities, are considered narcotics.
- Cough medicines with no more than 200 mg of codeine per 100 g of medicine, such as Robitussin AC
- Antidiarrheals like Lomotil
You can find the full list of controlled substances on the DEA’s website.
Types of Possession Recognized in Nevada
When it comes to charging people with possession of a controlled substance, prosecutors in Nevada must prove someone has been in actual, constructive, or joint possession of a controlled substance.
Actual Possession
This is when someone has drugs on them or has direct access to the substances. An example of actual possession includes someone caught with a controlled substance in their pocket or purse.
Constructive Possession
This is when someone has direct access and/or control over a controlled substance without having it on their person. For example, someone charged with constructive possession of a controlled substance may have concealed the substance in an area they had sole or shared control over. Another example is a passenger in another person’s car where controlled substances are found who knew the drugs were there and could access them. However, to prove constructive possession, the prosecution must prove the person:
- Knew the substances were there
- Knew the substance was illegal or a controlled substance
- Had the opportunity for actual possession, and/or
- Intended to use the controlled substance
Joint Possession
This is a type of constructive possession where a person has convenient access to a controlled substance in a shared space, such as a home or vehicle. This type of possession requires the prosecution to also prove the person being charged knew where the controlled substance was and that they were freely able to access it. Additionally, they must prove other stipulations of constructive possession.
Working with a drug defense attorney in Las Vegas can help you fight your possession case.
Charges for Possession of a Controlled Substance
Charges for possession of a controlled substance can vary depending on the following factors:
- The type of substance and its narcotic schedule
- How much of the substance was found
- The alleged offender’s previous criminal record
- The alleged offender’s previous drug abuse history
- Whether the alleged offender was committing drug trafficking
- Whether the alleged offender was a state prisoner
When a Possession Charge Becomes a Drug Trafficking Charge
According to NRS § 453.3385, drug trafficking is defined as knowingly and intentionally selling, manufacturing, delivering, transporting, or bringing Schedule I and Schedule II substances into Nevada. This statute also states that certain amounts of date rape drugs Rohypnol (flunitrazepam) and GHB (gamma-hydroxybutyrate) can be subject to drug trafficking charges. However, NRS § 453.3385 does not include marijuana or concentrated cannabis.
Instead, NRS § 453.339 outlines the drug trafficking charges for marijuana-related offenses. This statute defines drug trafficking of marijuana to include selling, manufacturing (growing and/or preparing marijuana products), delivering, or bringing marijuana into Nevada. In addition, possession of a certain amount of marijuana can result in drug trafficking charges. That means people with medical marijuana cards can be charged if they are found in possession of more than the maximum amount of medical marijuana.
Sentencing for drug trafficking charges can depend on the type and amount of these substances you have in your possession.
Sentencing for Controlled Substance Charges
If you or a loved one is charged with possession of a controlled substance, sentencing could include:
- An order to complete rehab
- A felony conviction
- Prison time
- A fine of up to $50,000
Sentencing depends on the type of substance, a previous criminal record, and the number of previous drug-related offenses.
Possession of a Controlled Substance
A first- or second-time offender with a Schedule I or Schedule II substance less than 14 grams or Schedule III through Schedule V less than 28 grams can receive:
- A Category E felony charge
- Between one (1) and four (4) years of prison time
- A fine of up to $5,000
However, these persons can plead guilty or no contest, which will dismiss the case but require the defendant to complete a rehabilitation program or drug course and pay a fine. Failing to do so can result in a felony charge and prison time.
An offender with three or more drug-related offenses possessing a Schedule I through Schedule IV substance can receive:
- A Category D felony charge
- Between one (1) and four (4) years of prison time
- A fine of up to $20,000
Low-Level Possession of a Controlled Substance
Possession of a Schedule I or Schedule II substance between 14 grams to 28 grams, or a Schedule III through Schedule V substance between 28 grams to 200 grams can result in:
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- A Category C felony
- One (1) to five (5) years in prison
- Up to $10,000 in fines
Mid-Level Possession of a Controlled Substance
Someone found in possession of a Schedule I or Schedule II substance between 28 grams and 42 grams, or a Schedule III through Schedule V substance of 200 grams or more can receive:
- A Category B felony charge
- Up to 10 years in prison
- Up to $50,000 in fines
High-Level Possession of a Controlled Substance
Someone in possession of a Schedule I or Schedule II substance between 42 grams and 100 grams can face:
- A Category B felony charge
- Between two (2) to 15 years in prison
- Up to $50,000 in fines
This charge also applies to those found in possession of date rape drugs GHB and/or Rohypnol, Schedule V substances, who can receive between one (1) and six (6) years in prison.
Lastly, the high-level possession charge also applies to people found in possession of one (1) ounce or less of marijuana or one-eighth ounce or less of concentrated cannabis in public.
- A first offender might receive a misdemeanor drug charge and a $600 fine or an order to complete a rehab program.
- A second offender might receive a misdemeanor drug charge as well as a $1,000 fine or an order to complete rehab.
- Third offenses typically result in a gross misdemeanor drug charge and up to 364 days in jail and/or up to $2,000 in fines.
- Fourth and subsequent offenses may result in a Category E felony charge, probation, and time in county jail or state prison, depending on previous drug-related felony charges. These persons may also have to pay a fine of up to $5,000.
Potential Defenses for Possession of a Controlled Substance
A Las Vegas Criminal Defense Attorney might use a few defenses to argue a wrongful charge or reduce a sentence, such as the following:
- The alleged offender did not have the intent to possess the substance in question.
- The alleged offender did not know the substance in question was in their presence or that it was a controlled substance. (This is one of the most commonly used defenses used in court.)
- Police found the substance during an illegal search and seizure.
- The alleged offender called for medical help during their own or another person’s overdose, leading to the substance being found to be in their possession.
- There was a mistake in the chain of custody when the substance in question was collected, handled, or otherwise in custody as evidence.
These are just some of the defenses our attorneys can use to fight for you.
Our Drug Defense Attorney in Las Vegas Can Help
If you or a loved one has been arrested on a possession of a controlled substance charge in Las Vegas, our Vegas drug defense lawyer can review your situation and let you know what steps you can take next.
The team at De Castroverde Criminal & Immigration Lawyers can gather the facts of your case and advise you on your legal options throughout the whole process. They also can protect your rights as you navigate your case. Contact us today for a free case evaluation.