Drug trafficking is officially defined as “trafficking in controlled substances.” A drug trafficker is a person who “knowingly sells, manufactures, delivers, or brings into the state or who is knowingly in actual or constructive possession of large quantities of Schedule I drugs or Schedule II drugs.”
Drug trafficking became a criminal offense decades ago, when the United States began waging its war against drugs. The federal government imposed severe penalties on drug trafficking and drug possession charges, and many states followed suit with escalated penalties of their own.
The key distinction with most drug offenses, including drug trafficking, remains the type of substance as well as the quantity. The exception to this is federal charges, which will be covered as part of this guide. Keep reading to learn the difference between drug trafficking and drug transportation, along with current penalties and statutes in Nevada.
How Serious Is Drug Trafficking in Las Vegas?
In Nevada, drug trafficking is a felony offense, and conviction carries harsh penalties. So call a Las Vegas drug trafficking lawyer if you face accusations of possessing, selling, manufacturing, or transporting a large amount of Schedule I or II drugs.
Drug trafficking laws are frequently under the microscope due to a wide range of penalties that may seem disproportionate to the offense. If you have been arrested on suspicion of drug trafficking, it is important to consult with a criminal defense attorney as soon as possible after your arrest.
An arrest is not yet a conviction, but a conviction for drug trafficking can severely impact the rest of your life. Being convicted of drug trafficking or another felony offense can affect your ability to:
- Get or hold a job
- Gain custody of your children
- Vote in federal elections
With a drug trafficking attorney on your side who is fighting for you, you can help protect your rights and freedoms.
When Is Drug Trafficking a Felony in Nevada?
According to Nevada state law, if you are prosecuted for trafficking more than 100 grams of Schedule l controlled substances, you can be convicted of a felony. The same applies to Schedule ll controlled substances, along with GHB or Rohypnol.
If you are convicted of drug trafficking in Nevada, you could face a prison sentence of two years to life. You could also face up to $500,000 in fines.
When Do Drug Trafficking Charges Become a Federal Crime in Nevada?
If you are suspected of transporting controlled substances across state lines or if you are caught on federal land, you could face federal charges. If your case is tied to a large-scale drug trafficking operation, your case could also be bumped to federal charges.
While Nevada law requires at least 100 grams of Schedule l or ll drugs being transported to trigger drug trafficking charges, federal law does not have the same thresholds. You could face federal drug trafficking charges for transporting very small amounts of Schedule l or ll controlled substances. A drug trafficking attorney in Las Vegas can explain these differences to you.
Controlled Substances and Pertaining Schedules
Nevada code NRS 453.3385 outlines how the state defines Schedule l and ll drugs.
Schedule l Controlled Substances
Heroin, ecstasy, LSD, PCP, hydrocodone, gamma-hydroxybutyrate (GHB), and magic mushrooms – but not marijuana – are defined as Schedule l controlled substances. For context, magic mushrooms can be peyote or mescaline.
Marijuana is legal in Nevada, but the state does have specific laws regarding the use of marijuana. Because you are allowed to use marijuana recreationally here, you would likely not face trafficking charges unless you are growing or transporting large quantities of the drug.
Schedule ll Controlled Substances
Schedule ll substances include:
- Opiates (such as Oxycontin)
- Cocaine
- Methamphetamine
Schedule lll, lV, and V Drugs
If you are prosecuted for selling or transporting Schedule lll-lV drugs, you will not be charged with trafficking under Nevada code NRS 453.321. While you may not face drug trafficking charges in Las Vegas, you could still be charged with possession of controlled substances.
- Schedule lll substances include nalorphine, testosterone, anabolic steroids, synthetic dronabinol, and ketamine (Special K). These drugs are abused much less than those in Schedules l and ll.
- Schedule lV substances include Rohypnol, Ambien, Klonopin, Xanax, Valium, and other tranquilizers and sedatives. These drugs are abused much less than those in Schedule lll.
- Schedule V drugs include substances with small amounts of opium, ethylmorphine, difenoxin, codeine, and dihydrocodeine. These drugs are abused much less than those in Schedule lV.
All Schedule III-V drugs are considered acceptable for medical use.
Penalties for Drug Trafficking in Nevada
The trafficking of any illegal drug is a felony offense in Las Vegas, but the severity of the charges and the possible penalties of conviction depend on where the drug falls on the Nevada Drug Schedule and the amount involved.
There have been dramatic changes to the amount of drugs required to trigger drug trafficking charges. An experienced drug trafficking attorney in Las Vegas, Nevada can explain these updated laws to you.
The chart below outlines drug trafficking charges and penalties in Nevada, based on weight and drug schedule category:
| Weight | Schedule | Felony | Penalties |
| 100 grams up to 400 grams | I | Category B | 2 to 20 years in prison and fines up to $100,000 |
| 100 grams to 400 grams | Il | Category B | Up to 15 years in prison and fines up to $100,000 |
| 400 or more grams | I | Category A | 10 years to life in prison, or a 25-year sentence with the possibility of parole after 10 years, and fines up to $500,000 |
| 400 or more grams | II | Category A | 10 years to life in prison, or a 25-year sentence with the possibility of parole after 10 years, and fines up to $500,000 |
| 100 grams up to 400 grams | Flunitrazepam (Rohypnol) | Category B | 2 to 20 years in prison and fines up to $100,000 |
| 400 or more grams | Flunitrazepam (Rohypnol) | Category A | 10 years to life in prison, or a 25-year sentence with the possibility of parole after 10 years, and fines up to $500,000 |
| 100 grams up to 400 grams | GHB | Category B | 2 to 20 years in prison and fines up to $100,000 |
| 400 or more grams | GHB | Category A | 10 years to life in prison, or a 25-year sentence with the possibility of parole after 10 years, and fines up to $500,000 |
Drug trafficking charges may also be brought under federal laws, which contain stricter penalties than the Nevada state laws.
Proving Drug Trafficking Crimes
Each of these charges must be separately proven by the prosecution during a criminal trial. The prosecutor must be able to:
- Prove the defendant’s intent was to sell the substances
- Prove the quantity the defendant was allegedly arrested with
Any mistakes made during the evidence-gathering process could impact the trial and the resulting decision.
Drug Trafficking vs. Drug Transportation
Nevada separates drug offenses into two main categories: drug possession and drug trafficking. Drug trafficking charges are the most severe type of drug charges and involve the sale of large quantities of drugs (Schedule I and Schedule II substances).
The broad definition of drug trafficking applies to many situations, which can be confusing if you are not familiar with the law. A Las Vegas criminal defense attorney can explain the legalities of your specific charges to you.
Drug Transportation Charges in Nevada
In Nevada, it is illegal to transport drugs in any manner, including driving, boating, or flying. If you are found to be moving drugs throughout the state or across state lines – even if you did not realize you were transporting narcotics or controlled substances – you could be charged with drug transportation.
De Castroverde Law Group is an accomplished criminal defense firm in Las Vegas, Nevada. We have vast experience in defending clients against drug transportation and other drug offenses. If you are accused of this crime, a skilled Las Vegas drug transportation attorney at our firm is ready to guide and advocate for you.
Penalties for Drug Transportation in Nevada
If convicted of drug transportation, sentencing will be based on the Nevada Drug Schedule of the drug involved, the amount of the drug involved, and whether you have prior drug offenses.
Transportation of Schedule I Drugs
Less than 100 grams is a Category B Felony, punishable by:
- Incarceration in state prison for 1 to 6 years
- Fines up to $20,000
Over 100 grams will typically trigger drug trafficking charges.
Transportation of Schedule II Drugs
Less than 100 grams is a Category B Felony, punishable by:
- Incarceration in state prison for 1 to 6 years
- Fines up to $20,000
Over 100 grams will typically trigger drug trafficking charges.
Transportation of Schedule III, IV, or V Drugs
A first offense of transporting Schedule III, IV, or V drugs is a Category C Felony, punishable by:
- Incarceration in state prison for 1 to 5 years
- Fines up to $10,000
A second offense of transporting Schedule III, IV, or V drugs is a Category B Felony, punishable by:
- Incarceration in state prison for 2 to 10 years
- Fines up to $15,000
A third offense of transporting Schedule III, IV, or V drugs is a Category B Felony, punishable by:
- Incarceration in state prison for 3 to 15 years
- Fines up to $20,000
Possible Defenses for Drug Trafficking Charges in Las Vegas
There are several potential criminal defense strategies if you are prosecuted for drug trafficking or drug transporting in Nevada, such as:
#1. Lack of Intent to Traffic
If we can prove that you had no desire or intention of selling, making, or transporting the drugs in your possession, you may be able to have your charges reduced to simple drug possession.
#2. Lack of Knowledge
If we can prove you did not know you had the drugs in your possession, you may be able to have the charges dropped. Plausible defense theories might include someone placing the drugs in your possession without your knowledge – for example, if a friend slipped the drugs into your car, bag, or another personal item without you knowing.
Another strategy might be that the police involved in the case made a mistake. They believed the drugs in possession were yours, but they have the wrong person.
#3. Illegal Police Search
We may be able to prove the police used illegal search tactics, thus violating your Fourth Amendment rights. If knowledge of the drugs was obtained through an illegal search, you may be able to have the charge dismissed.
#4. Entrapment
Under this defense, we must prove you were coerced into participating in the crime by law enforcement personnel. A variation of this defense is when law enforcement personnel give you the opportunity to participate in the crime, even though it is something you would never do under normal circumstances.
#5. Mitigation
Big-time drug dealers often coerce innocent people under duress to take part in illegal activity. An example would be if you were threatened with death (or the death of a loved one) if you did not comply with the drug dealer’s wishes.
#6. Improper Arrest
Sometimes, even the most well-intentioned law enforcement personnel can make mistakes during an arrest. If you were not read your Miranda rights during the arrest, you may be able to have your case dismissed.
These and other approaches to defending you against drug trafficking charges could be used in your case. A drug trafficking attorney in Las Vegas can explain all your legal options and offer guidance for the next steps in your defense.
While no case outcome is ever guaranteed, having an experienced law firm working on your behalf can give you peace of mind that you are doing everything you can to settle your legal troubles.
Contact the Defense Attorneys at De Castroverde Law Group
If you were arrested on charges of drug trafficking or transportation, do not hesitate to contact the attorneys of De Castroverde Law Group. We can help you by conducting a thorough investigation into your case. We will also examine the prosecution’s charges against you and search for any mistakes or improper procedures. If your case goes to trial, we can provide a vigorous defense on your behalf.
Our attorneys have years of experience in assisting clients with drug trafficking and other charges, and we are ready to work diligently to defend your rights in court. Contact our Las Vegas office today for your free consultation.