Getting Caught Violating Drug Trafficking Laws in Nevada Carries Stiff Penalties
Drug trafficking laws in Nevada are some of the strictest in the country. Judges and prosecuting attorneys take these crimes very seriously and can punish you to the fullest extent of the law. The legal definition for “trafficking in controlled substances” under the Nevada Revised Statutes is when someone knowingly sells, manufactures, delivers or brings into this State or who is knowingly in actual or constructive possession of large quantities of schedule I or schedule II drugs.
Trafficking doesn’t necessarily mean that someone is selling the drugs. However, in order to be charged with trafficking drugs the prosecuting attorney bares the burden of proving that you knowingly engaged in the activity or possession of the drugs. This can be proven if someone is caught with drugs on their person, in their car, or home, etc.
Drug Trafficking Laws
Drug trafficking laws are very clear in that the type and ammount of drugs someone is caught trafficking dictates their sentence.
Schedule I Drugs (excluding marijuana)
If the Schedule I drugs weigh at least four grams but less than fourteen grams, then the drug trafficking case is a “Level 1 Trafficking” case and prosecuted as a category B felony. This carries a sentence of one to six years and a fine of up to $50,000. If the weight of drugs is between fourteen grams and less than twenty-eight grams this is a “Level 2 Trafficking” case and the sentence is two to fifteen years in prison and a fine up to $100,000. Finally, if the drugs weigh more than twenty-eight grams, or one ounce, then the case is a “Level 3 Trafficking” case and prosecuted as a category A felony and someone will serve either ten to twenty-five years or ten to life in prison and pay a fine up to $500,000. The weights are determined by net weight of the drugs and not the gross weight with the bag or packaging.
Schedule II Drugs
If the Schedule II narcotics in the case amount to at least twenty-eight (28) grams but less than two hundred (200) grams, then the case is prosecuted as a category C felony. Penalties for this include one to five years in prison and a fine up to $50,000. If the drugs weigh between 200 and 400 grams then the crime is declared a category B felony and carries a two to ten year prison sentence with a fine up to $100,000. If the drugs weigh over 400 grams then the crime is tried as a category A felony and you can serve either five to fifteen years or five to life and pay a fine up to $250,000.
Now that recreational use of marijuana is legal, the laws and penalties have changed surrounding trafficking charges. According to NRS 453.339, any person caught with an amount of marijuana with a net weight equal to fifty pounds or greater will be charged with drug trafficking. This weight does not include seeds, stalks, plastic bags or dirt.
If the amount of marijuana is fifty pounds or more, but weighs less than a thousand pounds, the case is prosecuted as a Category C felony. If convicted someone could serve one to five years in prison and pay fines up to $25,000. If the amount of marijuana is between a thousand and five thousand pounds, then the case is charged as a Category B felony. This carries a sentence of two to ten years in prison and a fine of up to $50,000. If the weight is greater than five thousand pounds, the case is a Category A felony and if convicted a person serves five to fifteen years in prison or five to life and pays a fine up to $200,000.
Defenses for Drug Trafficking
There are several defenses to consider if you have been arrested and charged with drug trafficking.
• Unlawful Search – A Nevada lawyer will file a motion to “suppress the evidence” if you, your car, or home was searched unlawfully. This can be claimed if the police used a faulty search warranty for to search you or your belongings or searched without a warrant or your consent.
• Didn’t meet weight – If you were caught with less than the required new weight outlined by the trafficking laws then you can have your trafficking charged dismissed or reduced.
• Unintentional trafficking – If you had no idea that the drugs were in your car or home then you can beat the charges.
Jesse Kalter is Ready to Fight for Your Rights
Being arrested for trafficking control substances in Nevada is one of the most serious drug offenses someone can be charged with. If convicted, the sentence could be lengthy prison fines and your life will be forever changed once you have finished your term. To get your life back on track you need the expertise of an experienced drug lawyer. Jesse Kalter has a tenacious pursuit for justice. He has gotten several drug possession, drug trafficking, and drug distribution charges dismissed or reduced. If you have been charged with one of these crimes, or you know someone that has, then contact Jesse Kalter and get your freedom back. Jesse Kalter is available to serve the people of Reno, Sparks, Carson City, Fallon, Fernley, Dayton, Yerington, Douglas County, and all other Northern NV rural counties.
Drug Trafficking Laws Need the Expertise of Proven Drug Lawyer
Contact Jesse Kalter Today for a Confidential Case Evaluation and Consultation
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