Arrested or Charged with Drug Trafficking (NRS 453.3385) in Nevada?

If you or someone you love is dealing with a drug trafficking charge under NRS 453.3385, you need to understand exactly what this means and what steps to take next. At Benjamin Durham Law Firm, we’ve helped countless clients fight back against drug charges just like this. Let’s talk about what you’re up against—and how you can fight back.

What Is Drug Trafficking in Nevada?

When people hear drug trafficking, they often picture cartel operations moving drugs across the border. But in Nevada, the law defines trafficking in a way that might surprise you.

You don’t have to be part of a large criminal organization—you just need to have 100 grams or more of a Schedule I or II controlled substance in your possession, whether you intended to sell it or not.

What Counts as a Controlled Substance?

Nevada follows the federal Controlled Substances Act, which classifies drugs based on their potential for abuse. Here are some examples of Schedule I and II substances that could land you with a trafficking charge:

• Schedule I drugs: These have no accepted medical use and a high potential for abuse. Common examples include Heroin, LSD, MDMA (Ecstasy), and certain forms of Methamphetamine.
• Schedule II drugs: These have some accepted medical use but are still highly addictive. Examples include Cocaine, Oxycodone, Fentanyl, Methamphetamine, and other prescription opioids.

Trafficking Thresholds Matter

The severity of your drug trafficking charge depends on the amount of drugs in your possession:

• 100 to 399 grams – Low-level trafficking (Category B felony)
• 400 grams or more – High-level trafficking (Category A felony)

To put it in perspective, 100 grams of methamphetamine or cocaine is roughly the size of a deck of cards. Even if you never sold a single pill, having this amount in your possession is enough for a trafficking charge.

Additionally, Nevada law considers mixtures containing controlled substances. For example, if a cutting agent is mixed with cocaine and the total weight exceeds 100 grams, it could still result in trafficking charges.

What Penalties Do You Face for Drug Trafficking?

Low-Level Trafficking (100–399 grams)

• Category B felony
• 2 to 20 years in prison
• Fines up to $100,000

High-Level Trafficking (400 grams or more)

• Category A felony
• Life imprisonment (parole eligibility after 10 years) or 25 years with parole eligibility after 10 years
• Fines up to $500,000

And if your case involves interstate drug activity, you could also face federal drug trafficking charges, which carry even harsher penalties under the Controlled Substances Act.

How Do You Fight a Drug Trafficking Charge?

Facing a drug trafficking charge doesn’t mean you’re doomed. There are defenses that could get your charges reduced—or even dismissed.

1. You Weren’t Actually in Possession

Nevada law recognizes actual possession (drugs found on your person) and constructive possession (drugs found in a space you control, like your car or home). If you can prove the drugs weren’t yours, the case against you weakens significantly.

2. Illegal Search and Seizure

The Fourth Amendment protects you from unlawful searches. If the police searched your home, car, or belongings without a warrant or probable cause, any evidence they collected could be thrown out in court.

3. No Proof of Intent to Distribute

Possession of a large quantity of a controlled substance doesn’t necessarily mean you intended to sell it. If the prosecution can’t prove distribution, your charges could be lowered to simple possession.

4. Entrapment or Police Misconduct

If law enforcement coerced, pressured, or tricked you into a crime you wouldn’t have committed otherwise, you could have a solid entrapment defense.

5. Errors in Drug Testing or Weighing

The prosecution must prove the exact quantity of the drugs. If mistakes were made during testing or weighing, it could affect whether your case qualifies as trafficking at all.

What Should You Do If You’re Arrested for Drug Trafficking?

1. Don’t Talk to the Police

Your right to remain silent exists for a reason. Anything you say can—and will—be used against you. Politely decline to answer questions without your criminal defense attorney present.

2. Call a Lawyer ASAP

A skilled drug trafficking attorney can challenge the charges against you, negotiate with prosecutors, and fight for your best possible outcome.

3. Gather Any Evidence That Could Help Your Case

If you have witnesses, receipts, text messages, or security footage that could prove your innocence, make sure your attorney has access to them.

4. Don’t Accept a Plea Deal Without Legal Advice

Prosecutors may try to get you to plead guilty, even if the case against you is weak. Never accept a deal without talking to your lawyer first.

Why You Need an Attorney for Drug Trafficking Charges

Drug trafficking charges can turn your life upside down, but a strong defense can make all the difference. An experienced criminal defense attorney can:

• Challenge the prosecution’s case and evidence

• Navigate complex drug laws to protect your rights

• Ensure law enforcement followed proper procedures

• Guide you through the legal process so you’re not facing it alone

Having a lawyer on your side isn’t just helpful—it’s essential.

Don’t Let a Drug Trafficking Charge Ruin Your Life—Call Us Today

If you’re facing drug trafficking charges in Nevada, you don’t have to go through this alone. Your future is at stake, and the right legal defense can change everything.

Contact Benjamin Durham Law Firm today for a free consultation. The sooner you take action, the better your chances of protecting your freedom.