The penalties for drug crimes in Nevada are some of the toughest in the country. Judges hand down some of the harshest punishments to deter people from becoming repeat offenders. Serving a jail sentence and paying a fine is only part of the penalties for drug crimes in Nevada. Having a drug crimes conviction on your record can prevent you from keeping a job, finding a job, or renting a home.

Being charged with a marijuana DUI happens when a person has been operating a motor vehicle under the influence of marijuana and their driving is impaired. A first offense marijuana DUI can carry penalties including:

• 2 days or up to 6 months in jail or 48 to 96 hours of community service
• Up to $1,000 fine
• Attend a Nevada DUI school
• Attend a Nevada victim impact panel
• Driver’s license suspension

Under Nevada Revised Statute 453.336, unlawful possession of less than 14 grams of a schedule I or II controlled substance or less than 28 grams of a schedule III, IV or V controlled substance for personal use and not for sale is a Category E felony for first or second offenses. This charge is punishable by up to

• 1-4 years in prison
• Up to $5,000 fine

However, according to NRS176.211, the court may defer judgment of possession of less than 14 grams upon the consent of the person and enter into a diversion program. This means the sentence will be suspended pending the completion of a drug rehabilitation program. If successful, the case gets dismissed and even sealed. A third offense of a low-level unlawful possession of controlled substances is charged as a Category D felony but can only carry up to a $20,000 fine.

The low level unlawful possession of a controlled substance is charged as a Category C felony and punishable by one to five years in prison and a fine up to $5,000. This occurs if the controlled substance is listed in schedule I or II and the quantity possessed is 14 grams or more but less than 28 grams or listed in schedule III, IV, or V and be made more than 28 grams but less than 200 grams.

The mid level unlawful possession of a controlled substance is charged when the amount is 28-42 grams of a schedule I or II drug or 200 grams or more of a schedule III, IV or V drug. This is charged as a Category B felony and punishable by 1-10 years in prison and a fine up to $50,000.

The high level unlawful possession of controlled substances carries the most severe punishment and is tried as a Category B felony. A person is charged with this crime if the controlled substance is listed in schedule I or II and the quantity possessed is 42 grams or more but less than 100 grams. If convicted, a person can serve 2-15 years in prison and pay a fine up to $50,000.

Under Nevada Revised Statute 453.337 this charge is a Category D felony for the first offense. This charge is punishable by 1-4 years in prison and a fine up to $5,000. A person is charged with a Category C felony for the second offense, which is punishable by 1-5 years in prison and a fine up to $10,000. A third or subsequent offense, or if the accused has been convicted 2 or more times of a drug felony from Nevada or another state is a Category B felony and this offense carries a sentence of:

• 3-15 years in prison with no probation
• Up to $20,000 fine

Under the Nevada Revised Statute 453.3385, this low level trafficking is a Category B felony if a person knowingly or intentionally sells, manufactures, delivers or brings into Nevada between 100 grams and 400 grams of a schedule I or II controlled substance. Penalties include:

• 2-20 years in prison with no probation
• Up to $100,000 fine

High level trafficking is a Category A felony for more than 400 grams. Penalties include:

• 10 years to life in prison; or 10 to 25 years in prison
• Up to $500,000 fine

Under Nevada Revised Statute, 454.316 a person can be charged if they are in possession of any prescribed medication like Xanax, Vicodin, Ambien, Methadone, etc. without a valid prescription. This is only defensible if the accused can produce a signed prescription from their doctor, dentist, optometrist, or veterinarian. This charge carries a penalty of:

• 1-4 years in prison
• Up to $5,000 fine

Under section 453.391 of the Nevada Revised Statutes, a person can be charged with doctor shopping if they knowingly obtain a prescription from a new practitioner while they are treated and supplied with a prescription from another practitioner and they do not disclose this to the new practitioner. Conviction of this crime can result in a category C felony. Penalties include:

• 1-5 years in prison
• Up to $10,000 fine

According to Nevada Revised Statute 453.566, a person can be charged with unlawful possession of drug paraphernalia if they use or possess the paraphernalia with the intent to introduce a controlled substance into the human body. Paraphernalia can include scales, bongs, pipes, grinders, drug testing equipment, etc. Penalties for this charge include:

• Up to 6 months in jail
• Up to $1,000 in fine

There are several possible defenses for drug crimes in Nevada. It is possible to build a defense yourself but to achieve the best possible outcome it is highly recommended to consult with a drug crimes lawyer. Jesse Kalter Law has the experience and the knowledge to build a solid defense. They have gotten countless charges reduced and other cases completely dismissed. They are available to serve Reno, Sparks, Carson City, Fallon, Fernley, Dayton, Yerington, Douglas Country, and all other Northern NV rural counties.

Avoid the Steep Penalties for Drug Crimes in Nevada
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