Possession

Possession in Nevada

Er... a different kind of possession...

My mother most certainly does NOT!

While the movement to "legalize it" gains steady ground throughout the country, Nevada has historically been very harsh on drug use and possession. In fact, a mere 20 years ago, having one marijuana seed in your pocket would get you a felony.

Things have relaxed a little, but we still boast some very strict enforcement of possession of drugs. 

With the advancement of legalized medical marijuana, I'd like to focus more on "harder" drugs with this blog; however I'd be remiss not to tell you that possession of marijuana IS still illegal here, provided you don't have a valid Nevada Medical Marijuana Patient card. No, your California one is not valid here. No, you cannot "just have some" for personal use. You either have a valid, medically approved permit, or you're risking jail time. End of story on MJ. 

Aside from the aforementioned MJ, all other drug possession in Nevada is more serious with most charges being Felony ones. 

Nevada breaks certain types of substances into "schedules". Like this:

Schedule I drugs include those that are the most dangerous and have a high risk of addiction or dependency and no (recognized) legitimate medical use. Drugs included under this heading include LSD, Ecstasy (MDMA, X, Molly), heroin and mescaline.

Schedule II substances still have a high risk of abuse but may also have legitimate medical uses. These include things like opium, cocaine, methadone, methamphetamines, and amphetamines.

Schedule III drugs are slightly less dangerous than Schedule II substances, but still have a moderate risk of abuse. Schedule III substances include anabolic steroids, testosterone, ketamine(special k), and some depressants.

Schedule IV drugs have a slight risk of dependency and have very acceptable medical uses. Some Schedule IV drugs are clonazepam, Xanax, tranquilizers, and sedatives.

SEDAGIVE?!

Schedule V substances have a very low risk of dependency and include things like over-the-counter Tylenol with Codeine.

I should stop here and clarify something that many people don't realize or understand. Nevada has a law stating that if you are in possession of some type of medication that you can only get via a doctor's prescription, you MUST be able to prove that the medication is yours. 

In simple terms, if your friend tosses you a few Oxy's or a handful of Xanax, and you get caught with those pills and you cannot prove that you got those pills legitimately from a doctor, you are, in all likelihood, going to jail on some very serious charges. 

In fact, if you have your own prescription medications and you want to take a few of them with you while leaving the bulk of your pills at home for safety, you may risk the same issue. If a law enforcement officer catches you with some "rogue" prescription medications, and those medications are not in the pharmacy bottle with your name on the label, the officer can very easily arrest you for being in "possession of dangerous drugs without prescription" - NRS 454.316.

As stated, the penalty and charges you face depend on the type of drug you are charged with possessing and the extent of your criminal record.

First and Second Offense:

If it is your first or second drug charge and you are caught with any substance classified as a schedule I, II, III, or IV, you will face Class E felony charges. A class E felony charge carries a mandatory minimum sentence of 1 year and up to 4 years in prison.

Third Offense:

If this marks the third or greater drug offense for you, and you are charged with possessing any drug listed in Schedule I, II, III, or IV, you will face Class D felony charges. A Class D felony carries a mandatory minimum sentence of 1 year and up to four with a fine reaching $20,000.

Trafficking

Obviously, the amount of drugs you have with you matters a great deal. In fact, there comes a point, legally, where the law basically says: "hey, this person has so much (many?) drugs that he's got to be selling!" This happens at 28 grams for most substances. 

That's right, law enforcement can charge you with Possession with Intent to Sell and/or Drug Trafficking without ever proving you sold drugs to anyone. If you have enough of an illegal drug, the law just assumes that the only reason you had so much was to sell it. 

..but it's personal use!

Transporting a Controlled Substance

Like most people, I'm sure you'd never even consider the notion that you could ever be guilty of transporting a controlled substance, right? Other people do that sort of thing, not me! I'm not a drug mule, you'd say. 

But...

         Every year, here in Las Vegas, we throw this little, humble backyard party and invite a couple close friends... Perhaps you've heard of it.

Electric Begonia or something... with their beeps and boops...

How many people, do you suppose, attend this party from out of state and bring their friend 'Molly' with them? 

Technically this counts as transporting a controlled substance. Oh, and you also can get bonus points for crossing state lines with drugs and get the DEA involved. Especially if you have a lot of Mollies and the law assumes you were transporting a controlled substance across state lines with the intent to sell it. 

You can go from intending to have a fun weekend in Vegas to some seriously deep shit very quickly. 

Louis! I got caught with drugs! Am I going away?

Well, each case is different, but there are many different strategies an aggressive and experienced attorney such as myself can use to mitigate the damage or, sometimes, even get charges reduced or dismissed. 

If you find yourself in this situation, first of all, don't panic. Second, call me right away at 702-435-2121. We will thoroughly discuss your situation and its unique details and come up with the best possible strategy for your legal defense. 

Call my office today!