WHAT CONSTITUTES SALE OF A CONTROLLED SUBSTANCE?

NRS 453.321 makes it illegal for any individual to sell a controlled substance. The sale of a controlled substance is most often proved through undercover detectives.

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 SALE OF A CONTROLLED SUBSTANCE CHARGES IN NEVADA:

For a first offense and if the controlled substance sold is Schedule I or II, you are guilty of a category B felony and will be punished:

  • A minimum term of 1 year and a maximum term of no more than 6 years in a state prison; and

  • A possible fine of no more than $20,000.

In addition, you pay be granted probation.

For a second offense and if the controlled substance sold is Schedule I or II, you are guilty of a category B felony and will be punished:

  • A minimum term of 2 years and a maximum term of no more than 10 years in a state prison; and

  • A possible fine of no more than $20,000.

It is important to note that you will not be granted probation for a second time offense.

For a third offense and if the controlled substance sold is Schedule I or II, you are guilty of a category B felony and will be punished:

  • A minimum term of 3 year and a maximum term of no more than 15 years in a state prison with no possibility of probation; and

  • A possible fine of no more than $20,000

For a first offense and if the controlled substance sold is Schedule III, IV or V, you are guilty of a category C felony and will be punished:

  • A minimum term of 1 year and a maximum term of no more than 5 years in a state prison; and

  • A possible fine of no more than $10,000

In addition, you may be granted probation.

For a second offense and if the controlled substance sold is Schedule III, IV or V, you are guilty of a category B felony and will be punished:

  • A minimum term of 2 year and a maximum term of no more than 10 years in a state prison without possibility of probation; and

  • A possible fine of no more than $15,000.

For a third or subsequent offense and if the controlled substance sold is Schedule III, IV or V, you are guilty of a category B felony and will be punished:

  • A minimum term of 2 year and a maximum term of no more than 15 years in a state prison without possibility of probation; and

  • A possible fine of no more than $20,000.

DEFENSES TO SALE OF A CONTROLLED SUBSTANCE:

  • Illegal search and seizure. 

  • Lack of knowledge.