Many people falsely believe Nevada is lenient when it comes to the prosecution of drug crimes. The fact remains that Nevada has some of the toughest laws in the country when it comes to drug possession. Those laws are strictly enforced throughout Clark County and the greater Las Vegas area. This has become obvious with the recent Las Vegas drug arrests and prosecution of such celebrities as Paris Hilton and Bruno Mars.

In Nevada, a drug charge is a serious offense that can have severe consequences ranging from huge fines to years in jail. A conviction can also make it difficult to find employment or receive other positions and benefits in life since the conviction stays on your record.

During the process of the prosecution, the police and prosecutors will work hard to obtain information to use against you, so unless you are willing to accept the maximum drug possession penalties, you should hire a qualified Defense Attorney immediately to assist you with your defense options including pursuit of case dismissal, plea bargain negotiations, and trying the case in court. Contact our Law Office today at (7 to discuss your options and begin building your defense.

Definition of Possession in Nevada

An individual can possess a number of drugs that violate Nevada’s drug law. The State of Nevada employs a drug schedule for addictive or illegal drugs. Depending on the amount of drugs and the schedule the drugs fall under, the penalties for possession, drug trafficking and sale of the drugs varies.

Possession is defined as having custody of an illegal classified drug such as cocaine, marijuana, methamphetamine “crystal meth”, MDMA “ecstasy”, heroin, or any other illegal controlled substances. Individuals can also be charged with possession if they are found with drug paraphernalia or prescription drugs (not prescribed to them). In some areas, individuals will be charged with possession simply for being around someone else using an illegal drug.

Possession for the Purpose of Sale

In the State of Nevada, a person can be charged with intent to distribute based on the quantity of the substance and other factors. The NRS 453.337 and NRS 453.338 state that it is illegal for a person to possess for the purpose of sale controlled substances, narcotics and other illegal drugs. To break the law you must be:

• in possession of narcotics
• have the intent to sell or distribute the narcotics

Possession is usually an easy thing to determine, but a person’s intentions are harder to identify. If these other factors are present in conjunction with possession of drugs, then the police and prosecution can try to convict you of intent to distribute or sell drugs:

• A large amount of drugs were found
• Guns or other weapons were found on the person
• The person is in an area frequented by drug dealers
• The person is in possession of large amounts of cash, particularly in small denominations
• The person has a scale or baggies that appear to have been used to distribute drugs

These factors can be used by the State of Nevada to infer that you were attempting to sell drugs.