Is Possession of a Controlled Substance a Felony in Nevada?

Drug charges in Nevada are no joke. If you’re facing a possession of controlled substance charge, you’re looking at potential jail time, hefty fines, and a criminal record that could haunt you for years. In most cases, these charges are classified as either Category E or Category D felonies.

But don’t panic – understanding the law and your rights is the first step in mounting a strong defense. Let’s break down what you need to know about controlled substance possession in Nevada.

Nevada Law Treats Drug Possession Seriously

In Nevada, possession of a controlled substance is governed by NRS 453.336. This law makes it illegal to possess any amount of a controlled substance without a valid prescription. And we’re not just talking about hard drugs like cocaine or heroin – even possessing someone else’s prescription medications can land you in hot water.

The Penalties Depend on the Drug and Amount

Nevada classifies controlled substances into five schedules, with Schedule I drugs (like heroin and LSD) considered the most dangerous and Schedule V the least. Here’s a quick rundown of potential penalties:

Remember, these are just baselines. Factors like the type and amount of drug, your criminal history, and the circumstances of your arrest can all impact sentencing.

Possession with Intent to Sell Carries Harsher Penalties

If prosecutors believe you had intent to sell the drugs, you’re in for a rougher ride. Possession with intent to sell is a more serious charge with stiffer penalties:

• For Schedule I or II drugs: Category D felony, 1-4 years in prison and up to $5,000 in fines
• For Schedule III, IV, or V drugs: Category D felony, 1-4 years in prison and up to $5,000 in fines

And if you’re caught selling near schools, playgrounds, or other protected areas? The penalties get even worse.

Nevada’s “Drug Court” Program Offers an Alternative

For some first-time offenders, Nevada’s drug court program can be a lifeline. This program focuses on rehabilitation rather than punishment. If you successfully complete the program, your charges could be reduced or dismissed. But it’s not a walk in the park – drug court involves intensive supervision, counseling, and regular drug testing.

Defending Against Drug Possession Charges

When we take on drug possession cases, we leave no stone unturned. Here are some common defense strategies we might employ:

1. Illegal Search and Seizure: If the police violated your Fourth Amendment rights during the search, we’ll fight to have the evidence suppressed.
2. Lack of Knowledge: You can’t be convicted of possessing drugs you didn’t know about. If someone planted drugs in your car or home without your knowledge, that’s a valid defense.
3. Unlawful Arrest: If the police didn’t have probable cause to arrest you, we’ll challenge the arrest itself.
4. Medicinal Use: If you have a valid prescription for the substance, that’s a complete defense to possession charges.
5. Chain of Custody Issues: We’ll scrutinize how the evidence was handled. If there are gaps in the chain of custody, it could cast doubt on whether the drugs were really yours.
6. Entrapment: If law enforcement induced you to commit a crime you wouldn’t have otherwise committed, that’s entrapment.
7. Insufficient Evidence: Sometimes, the prosecution simply doesn’t have enough evidence to prove possession beyond a reasonable doubt.

The Collateral Consequences of a Drug Conviction

Even if you avoid jail time, a drug conviction can have far-reaching consequences:

• Loss of professional licenses
• Difficulty finding employment
• Housing discrimination
• Loss of federal financial aid for students
• Immigration consequences for non-citizens
• Suspension of driving privileges

That’s why it’s crucial to fight these charges with everything you’ve got.

How Our Drug Possession Lawyers Can Help

At Benjamin Durham Law Firm, we’ve defended countless clients against drug charges. We know the prosecutors, we know the judges, and we know how to navigate the Nevada criminal justice system. Here’s what we’ll do for you:

1. Thoroughly investigate your case, looking for any procedural errors or rights violations
2. Analyze all evidence and police reports for weaknesses in the prosecution’s case
3. Negotiate with prosecutors to potentially reduce charges or seek alternative sentencing options
4. Prepare a robust defense strategy tailored to the specifics of your case
5. Aggressively represent you in court if your case goes to trial

Don’t Face Drug Charges Alone

If you’re facing possession of controlled substance charges in Nevada, time is of the essence. The sooner you get experienced legal representation, the better your chances of a favorable outcome.

At Benjamin Durham Law Firm, we understand what you’re going through. We know the stress, the fear, and the uncertainty that come with drug charges. But remember – you’re innocent until proven guilty, and we’re here to fight for your rights every step of the way.

Don’t let a drug charge derail your life. Contact Benjamin Durham Law Firm today for a free, confidential consultation. Let’s discuss your case and start building a defense strategy that gives you the best shot at beating these charges and moving forward with your life.

Remember, the law is complicated, but with the right legal team on your side, you can navigate this challenging time and work towards the best possible outcome. Reach out to us today – we’re here to help you fight back against drug possession charges in Nevada.