Nevada Drug Charges

Although Nevada has lessened some consequences for drug offenses, most Nevada prison sentences for drug charges are some of the highest in the Country.  Facing a drug offense in Nevada is serious and requires the skill and knowledge of a qualified attorney.

  • Possession under an ounce is a misdemeanor punishable by only fines for a first offense
  • Possession over an ounce is not specifically prohibited by the NRS, but possession of large quantities of marijuana can lead to charges for unlawful possession for sale or trafficking.
  • Multiple Offenders of possession of under one ounce will face enhanced penalties. A third offense is a gross misdemeanor and a fourth offense is a category E felony.
  • NV Question 2 will be on the November 2016 ballot and seeks to legalize the recreational use of marijuana in Nevada.
Medical Marijuana
  • NRS Chapter 453A allows for the medical use of marijuana in Nevada
  • The medical use of marijuana must be recommended by a physician
  • Patients may possess up to 2.5 ounces within a 14 day period and may cultivate up to 12 plants
  • Out of state patients may be recognized as well
Possession of Controlled Substances
  • Category E Felony under NRS 453.336 for first and second time offenders
  • Diversion eligible for some offenders
  • Probation mandatory for some offenders
  • Category D Felony for third time offenders
  • Some local jurisdictions have the ability to reduce drug possession offenses to misdemeanors
Drug Sales
  • Sales is a Category B Felony under NRS 453.321
  • First offenders can face a prison sentence of 1 to 6 years. Second time offenders can face a prison sentence of 2 to 10 years. And, third time or greater offenders can face a sentence of 3 to 15 years in prison.
  • Possession for sale is defined under NRS 453.337
  • A first offense is a category D felony. A second offense is a category C felony and a third offense is a category B felony with a prison sentence of 3 to 15 years.
  • Probation is possible in some cases
Drug Trafficking
  • NRS 453.3385 defines trafficking very broadly and can even include simple possession
  • More than 4 grams but less than 14 grams is a category B felony with a prison sentence of 1 to 6 years.
  • More than 14 grams but less than 28 grams is a category B felony with a prison sentence of 2 to 15 years.
  • More than 28 grams is a category A felony with a prison sentence of 10 to 25 years or 10 to life.
  • Probation ineligible for most cases
  • One of the harshest drug laws in the state of Nevada with possession carrying such high prison sentences.
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