Governor Steve Sisolak signed several bills into law last year that have just taken effect. Among them was Assembly Bill 236 ( AB236 ). This piece of legislation made big changes to Nevada drug trafficking laws and drug possession laws. It also improved how criminals will be treated and promotes earlier parole for lower level offenses. This change is aimed to reduce recidivism and save the state of Nevada $550 Million over the next decade. The largest of all the criminal reform changes in this bill was the changes to Nevada’s drug trafficking laws.

According to Nevada Law, NRS 453.8835 , a person can be charged with drug trafficking if they knowingly or intentionally sell, manufacture, deliver, or bring into the state particular quantities of flunitrazepam, gamma-hydroxybutyrate, or any DEA schedule I drug, except marijuana.

Under the previous Nevada Revised Statute 453.3385 , a drug trafficking charge was prosecuted as a Category B felony if a person was caught with an amount between four grams and twenty-eight grams of a schedule 1 controlled substance. It was prosecuted as a Category A felony for any quantity larger than twenty-eight grams. 4 to 14 grams carried 2 to 15 years mandatory prison. 14-28 grams carried 2 to 15 years mandatory prison. Over 28 grams carried a mandatory minimum of 10 years in prison.

The change to Nevada drug trafficking laws revised the criteria for what is considered a Category A or B felony drug trafficking charge. There used to be three classifications of drug trafficking charges, based on the weight and kind of drug, as discussed above. According to the new law drug trafficking laws, there are now only two classifications for drug trafficking of Schedule I drugs, except marijuana. The two classifications are now called low-level trafficking and high-level trafficking. Weight is the only determining factor between the two. It doesn’t matter what schedule I drug is being trafficked.

If the quantity of schedule I drugs is 100-400 grams, the crime is prosecuted as low-level drug trafficking and as a Category B felony. If convicted, a low-level drug trafficking charge carries a penalty of two to twenty years in prison with a fine up to $100,000.

Any quantity of schedule I drugs that weighs more than 400 grams is prosecuted as high-level drug trafficking and as a Category A felony. If convicted, a high-level drug trafficking charge carries a sentence of life or 25 years in prison, both with the possibility of parole after ten years and a fine up to $500,000.

These changes to Nevada drug trafficking laws come at an unprecedented time. While they do relax what constitutes a trafficking offense, it does not mean you won’t be prosecuted to the fullest extent of Nevada law. If you, or someone you know, is facing low-level drug trafficking or high-level drug trafficking charges , experienced and knowledgeable help is available. Jesse Kalter is available to provide assistance day or night. His unfaltering pursuit of justice has earned countless clients “not-guilty” verdicts and had other cases completely dismissed. Jesse Kalter is available to serve Reno , Sparks , Carson City , Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.

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