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.
Marijuana
- 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.