Nevada law makes it illegal for any individual to possess a controlled substance, no matter if the person possessed the controlled substance for personal use or for the purpose of selling it. Read the information below to learn more about possession of a controlled substance, its penalties and its defenses. 

WHAT CONSTITUTES POSSESSION OF A CONTROLLED SUBSTANCE IN NEVADA?

In order for the prosecutor to demonstrate that you were in “possession” of the controlled substance, the prosecutor must demonstrate that you had actual or constructive possession of the substance. Actual possession of a controlled substance includes carrying the drug in your pocket or any other part of your body. Constructive possession on the other hand is more difficult to prove. Constructive possession includes includes keeping drugs in your own personal apartment or storing them in the glove compartment of your car.

Nevada breaks down the law for possession of a controlled substance by the type of substance the individual possessed. Controlled substances are classified under Schedule I, II, III, IV, and V.

Schedule I drugs include any of the following:

  • LSD
  • Ecstasy
  • Marijuana
  • PCP
  • Mescaline
  • Methamphetamine (Crack, Crystal Meth, Speed)

Schedule II drugs include any of the following:

  • Cocaine
  • Codeine
  • Morphine
  • Opium
  • Barbiturates
  • Adderall

Schedule III drugs include any of the following:

  • Anabolic Steroids
  • Ketamine
  • Marinol

Schedule IV drugs include any of the following:

  • Xanax
  • Valium
  • Librium
  • Soma

Schedule V drugs include any of the following:

  • Common cough suppressants
  • Lyrica
  • Lomotil

PENALTIES FOR POSSESSION OF A CONTROLLED SUBSTANCE CHARGES IN LAS VEGAS:

If it is a first or second offense, and the controlled substance is listed in Schedule I, II, III, or IV, you are guilty of a category E felony and will be punished:

  • 1-4 years in a state prison; and
  • A possible fine of no more than $5,000; OR
  • Granted probation

If it is a third or subsequent offense, and the controlled substance is listed in Schedule I, II, III, or IV, you are guilty of a category D felony and will be punished:

  • 1-4 years in a state prison; and
  • A possible fine of no more than $5,000.

If it is a first offense, and the controlled substance is listed in Schedule V, you are guilty of a category E felony and will be punished:

  • 1-4 years in a state prison; and
  • A possible fine of no more than $5,000; OR
  • Granted probation

If it is a second or subsequent offense, and the controlled substance is listed in Schedule V, you are guilty of a category D felony and will be punished:

  • 1-4 years in a state prison; and
  • A possible fine of no more than $5,000.

If you are convicted of possessing 1 ounce of marijuana or less:

  • For a first offense, you are guilty of a misdemeanor and will be punished a fine of no more than $600.
  • For a second offense, you are guilty of a misdemeanor and will be punished a fine of no more than $1000.
  • For a third offense, you are guilty of a gross misdemeanor and will be punished a maximum term of 1 year in jail and/or by a fine of no more than $2,000.
  • For a fourth or subsequent offense, you are guilty of a category E felony and will be punished 1-4 years in a state prison and a possible fine of no more than $5,000 OR you will be granted probation.

DEFENSES TO POSSESSION OF A CONTROLLED SUBSTANCE CHARGES IN LAS VEGAS:

  • Unlawful search and seizure. 
  • The drugs did not belong to you. 
  • You had a prescription on the drugs.

Because every case and situation is different, it is vital that you contact a qualified attorney. Adrian Lobo is an experienced Las Vegas criminal defense attorney who has dealt with several drug cases and has helped clients get the help and results they deserve. Contact Adrian Lobo today and schedule a consultation in order to discuss your drug charges.