Las Vegas Drug Possession Lawyer

Nevada drug possession laws depend on the type of substance as well as the quantity of the substance, which is often the deciding factor between drug possession and drug trafficking. The substance type is often the deciding factor between a misdemeanor offense and a felony offense.

The definition of possession of a controlled substance in Nevada is “a person who knowingly or intentionally possesses a controlled substance, unless the substance was obtained directly from, or pursuant to, a lawful prescription.” Nevada separates controlled substances into five schedules:

1. Schedule I: Includes heroin, LSD, ecstasy, peyote, and PCP. Schedule I substances carry the harshest penalty under Nevada law and are defined by Nevada statute to include substances with a high potential for abuse with no accepted medical treatment in the United States. The substances may also lack accepted safety for use in treatment under medical supervision.
2. Schedule II: Includes cocaine, OxyContin, Ritalin, Meth, Adderall, Demerol. These substances are defined by Nevada statute to include substances with a high potential of abuse. However, Schedule II substances have accepted medical treatment in the United States, or accepted medical use with severe restrictions, and the abuse of the substance may lead to severe psychological or physical dependence.
3. Schedule III: Includes Tylenol with codeine, testosterone, or Vicodin. These substances are defined by Nevada statute to include substances with a potential for abuse less than the substances of Schedule I and II. Schedule III substances also have been currently accepted for medical use in the United States although abuse of the substance may lead to limited physical dependence or psychological dependence.
4. Schedule IV: Includes Xanax, Valium, and Ambien, and are defined by Nevada statute to include substances with a low potential for abuse. The substances have been accepted for medical use in treatment in the United States, although abuse might lead to limited physical dependence or psychological dependence.
5. Schedule V: Similar to Schedule IV substances, Schedule V substances include substances with a low potential for abuse which have been accepted for medical use in treatment in the United States. Abuse of the substances may lead to limited physical dependence or psychological dependence. These substances include Robitussin AC and Lomotil.

As is clear, each type of substance has varying degrees of potential abuse and dependence, leading to enhanced penalties on each substance. Once the possession range gets past a certain amount (such as 4 grams for Schedule I substances), the accused will be subject to the more severe drug trafficking charges.

Possession with Intent to Sell

Under Nevada law, drug offenses are harshly prosecuted, and you could face felony charges for the offense of possession with intent to sell. This crime is unique and somewhat complex, as it is charged when no drug sales have taken place, but rather because the offender intended to sell narcotics. Because of it’s uniqueness, it is essential to speak with a specialized Las Vegas possession with intent to sell attorney about your situation. The lawyers at De Castroverde Law Group are ready to take on your case.

In order to convict a defendant of possession with intent in Las Vegas, the prosecutor must prove the following:

• The defendant was in possession of some type of illegal drug or controlled substance: “Possession” means that the drugs were either on the defendant’s person or kept in a location that is accessible to the defendant, such as their home, car, or work station.
• The defendant intended to sell the drugs in Las Vegas: Proving intent can be difficult, as it is based on the defendant’s mental state. Some of the evidence a prosecutor can use to prove that the defendant intended to sell the drugs include:
  • The defendant was in possession of a large amount of drugs, more than a recreational user would possess.
  • The drugs were stored in individual baggies or containers; dealers typically measure out the quantity of the drugs before sale.
  • The defendant was carrying a great deal of cash, especially small bills, which can indicate that they were already selling.
  • The defendant was in possession of drugs but was not high and did not have any drug paraphernalia, which can indicate that they are not a user.
  • The defendant was carrying a weapon, which could mean they were using it as protection, because drug sales can be dangerous.
  • The defendant was in an area that is known for drug dealing.

Read our blog: Possession with Intent to Sell – Proving the Charges

Penalties for Possession with Intent to Sell in Las Vegas

The consequences of conviction for this drug offense depend upon where the substance falls on Nevada’s Drug Schedule and whether the defendant has any prior offenses.

Possession with Intent to Sell – Schedule I or II Drugs
A first offense of possession of a Schedule I or II drug with intent to sell is a Category D Felony and is punishable by:

• Incarceration in state prison for 1 to 4 years
• A fine of up to $5,000

A second offense of possession of a Schedule I or II drug with intent to sell is a Category C Felony and is punishable by:

• Incarceration in state prison for 1 to 5 years
• A fine of up to $10,000

A third offense of possession of a Schedule I or II drug with intent to sell is a Category B Felony and is punishable by:

• Incarceration in state prison for 3 to 15 years
• A fine of up to $20,000

Possession with Intent to Sell – Schedule III, IV, or V Drugs

A first or second offense of possession of a Schedule III, IV, or V drug with intent to sell is a Category D Felony and is punishable by:

• Incarceration in state prison for 1 to 4 years
• A fine of up to $10,000

A third or subsequent offense of possession of a Schedule III, IV, or V drug with intent to sell is a Category C Felony and is punishable by:

• Incarceration in state prison for 1 to 5 years
• A fine of up to $10,000

Need a Las Vegas lawyer for possession with intent charges?

Our Las Vegas criminal defense attorneys at De Castroverde Law Group are experienced in defending clients against all types of drug charges, and we can fight for you. We can build a comprehensive defense and seek to have your charges dropped or reduced if your rights have been violated, and our team will relentlessly advocate for your best interests.

If you are charged with possession with intent to sell in Las Vegas, do not hesitate to contact our proven firm at 702-222-9999 to learn how we can represent your case.