Nevada drug crimes carry serious penalties, including years of imprisonment and/or thousands of dollars in fines. And in some cases, the judge has the authority to impose even harsher penalties when certain conditions apply.

Nevada law provides for various circumstances in which additional terms of imprisonment may be imposed. These enhanced penalties statutes do not create separate offenses. Instead, they allow the defendant to be subject to a prison term on top of the one imposed upon a conviction. Additionally, the enhanced term must be served consecutively with that for the underlying offense. In other words, one sentence must complete before the other begins.

What Controlled Substances Laws Do Additional Penalties Apply To?

Four different statutes exist allowing for additional drug crimes penalties. Each enumerates a separate circumstance where the enhancement can happen. Yet, some of these statutes concern the same controlled substance-related offenses. Therefore, we will discuss now the crimes to which these statutes apply and later indicate the specific laws attached to each enhancement.

Anyone found guilty of the following offenses may be subject to an additional prison term:

NRS 453.321: This law concerns distributing and manufacturing controlled or counterfeit substances.

Without any enhancements, it is penalized by:

1. 1 to 5 years of imprisonment and/or
2. Up to $10,000 in fines

NRS 453.322: This law concerns manufacturing, possessing with intent to manufacture, and providing chemicals used to manufacture controlled substances other than marijuana.

The penalties include:

1. 3 to 15 years of imprisonment and/or
2. Up to $10,000 in fines

NRS 453.333: This law concerns providing a controlled substance that is the proximate cause of another person's death, and provides that an offense can be charged as murder.

If the defendant is found guilty of second-degree murder, they can be subject to the following penalties:

1. Life with eligibility for parole after serving a minimum of 10 years
2. 25 years with the eligibility for parole after serving a minimum of 10 years

NRS 453.3385: This law concerns trafficking in certain controlled substances. Penalties depend on the amount of the drug involved.

They include:

1. 4 grams but less than 14 grams
   1. 1 to 6 years of imprisonment and/or
   2. Up to $50,000 in fines
2. 14 grams but less than 28 grams
   1. 2 to 15 years of imprisonment and/or
   2. Up to $100,000 in fines
3. 28 grams or more
   1. Life with the eligibility for parole after serving a minimum of 10 years
   2. 25 years of imprisonment with the eligibility for parole after 10 years

Note that the penalties listed above do not include the enhancements. Even without any aggravating circumstances present, they are all severe.

What Are the Statutes Allowing for Additional Penalties?

As mentioned earlier, several laws allow a judge to order sentence enhancements.

The circumstances under which an additional term of imprisonment may be imposed include the following:

NRS 453.3335: Under this statute, a defendant is subject to additional penalties if they committed a specified drug offense that led to substantial bodily harm or death to another person. Specifically, they were around someone who was having a reaction after using a controlled substance but failed to get medical assistance or provide appropriate medical care. They can be imprisoned by an additional term equal to that for the underlying crime.

This statute applies to NRS 453.321 and NRS 453.333.

NRS 453.3345: This statute allows for a sentence enhancement if the defendant committed a controlled substance crime in a drug-free zone.

1. These areas include:
   1. On the grounds of a:
      1. Public or private school
      2. Playground
      3. Public park
      4. Public swimming pool
      5. Youth recreational center
      6. Video arcade
      7. Campus of the Nevada System of Higher Education
   2. Within 1,000 feet of:
      1. School grounds
   3. Playground
   4. Public park
   5. Public swimming pool
   6. Recreation center
   7. Arcade
   8. School bus stop within an hour before or after school when school is in session

The statute applies to NRS 453.321 and 453.322. The defendant is subject to an additional penalty equal to that for the primary offense.

NRS 453.3351: This statute concerns offenses involving methamphetamine.

It allows for additional penalties if the crime was committed in a way that put someone in danger of substantial bodily harm or death.

It also applies when the offense was committed within 500 feet of a:

1. Residence
2. Place of worship
3. Business
4. Public or private school
5. Campus of the Nevada System of Higher Education
6. Playground
7. Public Park
8. Swimming pool
9. Youth recreational center

The law applies to NRS 453.322 and NRS 453.3385. It allows for an additional prison term equal to that of the underlying offense.

NRS 453.3353: This law concerns sentence enhancements for drug crimes resulting in substantial bodily harm or death when a controlled substance was being manufactured. It applies to NRS 453.322 and NRS 453.3385.

If substantial bodily harm resulted, the defendant may be subject to an additional prison term equal to that of the primary offense.

If death resulted, the offense is a Category A felony, punishable by:

1. Life without the possibility of parole,
2. Life with parole possible after serving a minimum of 20 years, or
3. 50 years of imprisonment with parole possible after serving a minimum of 20 years.

If you have been charged with a controlled substance offense in Reno, a lot is at stake. You need a skilled attorney on your side to fight to protect your rights and future.

At the Law Offices of Kenneth A. Stover, we have over 25 years of legal experience and will stand behind you throughout your case. Schedule a free consultation by calling (775) 502-1575 or contacting us onlinetoday.