Last month, we discussed some effective defenses you can use against a drug possession charge.

Now we want to explain why it’s important to have a good defense. Nevada takes drug crimes quite seriously. There are many different types of possession allegations, each having stiff penalties.

In this article, we will take a broad look at Nevada’s charges and punishments for drug possession.

Drug Schedules

Any chemical the government oversees is considered a “controlled substance.” It doesn’t matter if it’s a mostly harmless prescription or a deadly street drug.

The government considers some of these chemicals to be more severe than others. In that spirit, it created drug schedules. These schedules come in five categories. The least serious drug offenses lie in Schedule V, which includes medicines like Robitussin. The most severe are Schedule I drugs, which include heroin and ecstasy.

The more times you are accused of possession, the higher the penalties become. Also, the amount of drugs impacts the punishments you could face.

Here is a short breakdown of Nevada’s drug penalties in relation to the drug’s schedule:

• Schedule I and II Drugs, less than 14 grams:
  • First Offense
    • Category E felony; usually sentenced to probation
  • Three Offenses or more
    • Category D felony; prison from 1 to 4 years; fines up to $2,500
• Schedule III, IV, and V Drugs, less than 28 grams:
  • First Offense
    • Category E felony; usually sentenced to probation
  • Three Offenses or More
    • Category D felony; prison from 1 to 4 years; fines up to $2,500

• Schedule I and II Drugs, more than 14 grams/less than 28:
  • Category C felony; prison from 1 to 5 years; fines up to $10,000
• Schedule III, IV, and V Drugs, more than 28 grams/less than 200:
  • Category C felony; prison from 1 to 5 years; fines up to $10,000

• Schedule I and II Drugs, more than 28 grams/less than 42:
  • Category B felony; prison from 1 to 10 years; fines up to $50,000
• Schedule III, IV, and V Drugs, more than 200 grams:
  • Category B felony; prison from 1 to 10 years; fines up to $50,000

• Schedule I and II Drugs, more than 42 grams/less than 100:
  • Category B felony; prison from 2 to 15 years; fines up to $50,000

Drug Trafficking

Trafficking is an even more severe crime than possession. It assumes that someone doesn’t simply have drugs. They are, instead, intending to sell and distribute those drugs on a mass scale. Generally, traffickers face much higher penalties than possessors. This is the government’s attempt to stop the drug problem at its core. This crime is sometimes called “possession with intent to sell.”

Nevada’s drug trafficking penalties:

• Schedule I and II Drugs:
  • First Offense
    • Category D felony; prison from 1 to 4 years; fines up to $5,000
  • Second Offense
    • Category C felony; prison from 1 to 5 years; fines up to $10,000
  • Three Offenses or More
    • Class B felony; prison from 3 to 15 years; fines up to $20,000
• Schedule III, IV, and V Drugs:
  • First Offense and Second Offense
    • Category D felony; prison from 1 to 4 years; fines up to $5,000
  • Three Offenses or More
    • Category C felony; prison or probation from 1 to 5 years; fines up to $10,000

Trafficking is a tricky crime. It depends solely on the amount you allegedly possess. Regardless of your actual intent, the police will assume that you are in the drug business and try to hit you with the highest penalties they can. If you’ve been accused of trafficking, you must secure a good attorney right away.

Our firm is here to help defend you against drug possession and trafficking accusations. Set up a free consultation with us today by calling (775) 502-1575 or contacting us online.