Let Our Law Firm Handle Your Drug Possession Case

If you’re charged with drug possession, you’ll want a reputable law firm in your corner. An expert drug possession lawyer will help you navigate the legal system, ensuring you receive the right to a fair trial.

Protect your rights. Know exactly what resources are available to you. We’ve assisted numerous individuals like yourself throughout the City of Henderson. We’ve provided legal counsel to the community for over 35 years.

Let John F Marchiano Law provide you with the best legal counsel available.

 

Have you been arrested for possessing narcotics?
Let our drug crime defense attorneys fight for you. Call (702) 565-0473 to speak to an attorney or complete the form below. 

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When to Call a Drug Possession Lawyer

Nevada, despite the rigmarole of Sin City, has some of the toughest drug laws in the nation, cracking down on controlled dangerous substances (CDS) with stiff penalties and long prison sentences.

 

If you face narcotic charges in Nevada, you need to understand how the government will see your case.

Drug Charges Based on Four Factors

• Type (e.g., Schedule II)
• Intent of use (e.g. possession)
• Amount (e.g., less than one pound)
• Number of offenses: (e.g. second time)

 

Drug Categories in Nevada

Nevada divides substances into five classes, referred to as schedules:

Schedule I: High Threat of Abuse, No Acknowledged Medical Value
To no one’s surprise, hardcore street hallucinogens and stimulants like heroin, PCP and MDMA are considered Schedule I. However, so is marijuana, even though medical and recreational use is allowed under Nevada law. See the section below for marijuana-related penalties.

Schedule II: High Threat of Abuse, Possible Accepted Medical Value
Some of upper-class America’s most abused substances are considered Schedule II substances, including Ritalin, cocaine, and opioids like oxycodone, hydrocodone and morphine.

Schedule III: Medium Threat of Abuse, Possible Accepted Medical Value
Testosterone and its synthesized cousins, anabolic steroids, are common Schedule III substances.

Schedule IV: Low Threat of Addiction, Accepted Medical Value
Schedule IV substances include common anti-depressants, tranquilizers and prescription-strength sleep aids.

Schedule V: Low Risk of Abuse, Accepted Medical Value
Example substances are small quantities of codeine and cough suppressants.

 

What Constitutes Possession?

A person in Nevada cannot “knowingly or intentionally possess a controlled substance, unless the substance was obtained directly from, or pursuant to, a lawful prescription.”

Contrary to popular knowledge, a person can be convicted without ever having touched the drug in question. In the eyes of the law, there are three types:

Actual: When you physically keep the substance on your person. Being high can get you convicted of being under the influence of a controlled substance but not for possession. Owning related paraphernalia, such as manufacturing equipment or literature, can also convict you.

Constructive: When you harbor the narcotic in a place you control, such as your automobile.

Joint: When you share ownership with another person. This one is tricky. For instance, if you know that your spouse hid marijuana in his car, and you have some control over that car, you may be liable.

 

What Are the Penalties in Nevada for Drug Possession?

Most penalties in Nevada for having illicit narcotics and controlled pharmaceuticals follow federal precedent. Penalties for Schedule I, II, III, IV Possession break down as follows:

First/second offender
• A fine up to $5,000.
• And/or incarceration, 1-4 years.

Third/subsequent offender
• A fine up to $20,000.
• And/or incarceration, 1-4 years.

Penalties for Schedule V:

First offender
• A fine up to $5,000.
• And/or incarceration up to one year.

Second/subsequent offender
• A fine up to $5,000.
• And/or incarceration, 1-4 years.

Date-rape drugs like flunitrezepam and gamma-hydroxybutyrate are punished more severely. These substances or their precursor ingredients is an automatic Class B felony and warrants a minimum of one year in prison.

 

What Are the Rules for Marijuana?

As of July 1, 2017, marijuana enforcement has radically changed due to the legalization of recreational marijuana usage for adult individuals. The new laws allow those who are 21 years or older to purchase, possess, or consume up to one ounce of marijuana and cultivate up to six marijuana plants at one time. However, that doesn’t mean that all marijuana usage is in the clear.

  • It is illegal to smoke in public, on federal land, or in a vehicle
  • Driving under the influence of marijuana can incur large fines
  • It is illegal to transport marijuana across state lines
  • It is illegal to sell marijuana to a minor

 

 

What Are the Penalties for Marijuana Manufacture, Sale or Trafficking?

Possession

  • Possessing more than one ounce of marijuana is a misdemeanor and can result in a $600 fine
  • Possession or use in public is a misdemeanor and can result in a $600 fine

Distribution

  • Gifting up to one ounce or 1/8 ounce of concentrated marijuana for no remuneration has no penalties associated with it
  • Gifting or selling to a minor is a felony and cal result in 5 years to life in prison and up to $20,000 in fines
  • Sale or delivery of 1 ounce – 100 lbs (first offense) is a felony and can result in 1-4 years in prison and up to $5,000 in fines
    • (second offense) 1-5 years in prison and up to $10,000 in fines
    • (subsequent offense) 3-15 years in prison and up to $20,000 in fines
  • Sale or delivery of 100 lbs – 2000 lbs is a felony is a felony and can result in 3-15 years in prison and up to $20,000 in fines
  • Sale or delivery of 2000 lbs – 10,000 lbs is a felony and can result in 2-10 years in prison and up to $50,000 in fines
  • Sale or delivery of 10,000 lbs or more is a felony and can result in 5 years to life in prison and up to $200,000

Cultivation

  • Cultivating 12 plants or more is a felony and can result in 1-4 years in prison and up to $5000 in fines
  • Cultivating 100 plants or up to 2000 lbs is a felony and can result in 1-5 years in prison and up to $25,000 in fines
  • Cultivating between 2000 lbs and 10,000 lbs is a felony and can result in 2-10 years in prison and up to $50,000 in fines
  • Cultivating over 10,000 lbs is a felony and can result in 5 years to life in prison and up to $200,000 in fines

 

What Is the Intent to Sell?

Law enforcement may argue that you intended to sell or distribute the substance. The prosecution may dredge up circumstantial evidence such as personal weapons, legal history, paraphernalia, etc. If you are discovered with copious quantities, you may be prosecuted for trafficking, which is considered a Class B or Class A felony.

 

How Can Charges Get Reduced?

Possession charges may not hold up in court due to illegal search and seizures or Miranda rights violations or entrapment. They can also be reduced with community service, rehabilitation or other alternatives.