Getting caught with an illegal controlled substance is a felony in Nevada even if you are charged with simple possession involving an amount of drugs consistent with personal use. The legalization of marijuana in the state has not yet led to a general easing of possession laws. In fact, even holding pot in a way that doesn’t conform to the strict state guidelines could trigger serious punishment. No matter what controlled substance prompted your arrest, Miley Law Firm, P.C. in Las Vegas is ready to defend your rights vigorously and can advise you on potential defenses and legal options, such as drug court, that might help you move ahead without a harsh sentence.
EFFECTIVE LITIGATOR ASSISTS INDIVIDUALS ACCUSED OF HOLDING CONTROLLED SUBSTANCES
Under Nevada law, controlled substances are divided into five schedules based on how dangerous they are and what medical use they might have. Drug crime penalties, and the amounts which trigger tougher punishments, are based on where a specific substance falls within these schedules. If you’ve been arrested on a possession charge, I’ll outline the law that applies to you. My firm handles a full range of cases, including matters where the substance involved is:
- Heroin or another opiate — Heroin and other opiates are included in Schedules I and II with other drugs that are considered extremely dangerous. This includes opioid isomers and salts.
- Cocaine — Whether smoked or snorted, cocaine and related substances such as crack are listed under Schedule I. Possession of more than 14 grams exposes the defendant to more severe penalties.
- Methamphetamine — Along with its chemical precursors, methamphetamine is a Schedule II substance. Possession of equipment used in the meth production process, even common household items such as scales, can trigger criminal charges.
- Anabolic steroids and unauthorized prescription pharmaceuticals — Many pharmaceuticals and other substances that have a valid medical use when properly prescribed by a physician mostly fall into Schedules III through V. For these drugs, potential sentences get tougher when the amount seized exceeds 28 grams. Anabolic steroids, used by many athletes seeking to improve their performance, are classified within Schedule III.
- Marijuana over the legal limit — People over the age of 21 can now possess up to one ounce of marijuana legally. Many state crimes are still associated with pot use, however, including underage possession, consumption in a public place or moving vehicle and possession of more than an ounce. Possession of any marijuana remains a violation of federal law.
Effective July 1, 2020, Nevada revised its penalty scheme for drug possession offenses, but possession of an unlawful controlled substance in an amount consistent with personal use remains a Category E felony, carrying a potential sentence of one to four years. However, prosecutions can be deferred and the state has “drug courts” where possession cases are resolved through treatment, rather than incarceration. With 25 years of experience as a criminal defense attorney, I can find innovative ways to take on prosecutors and find the best way to advocate for a favorable result.
Contact a proven Nevada drug possession defense lawyer regarding your situation
Miley Law Firm, P.C. advises clients facing charges related to the illegal possession of controlled substances in Nevada. For a consultation on this type of matter or another drug crime prosecution, please call my Las Vegas office at 702-942-0600 or contact me online.
Drug Possession FAQs
What are the drug possession laws in Las Vegas?
In Nevada, drug possession is a serious offense, even for small amounts intended for personal use. Possession of an unlawful controlled substance is classified as a Category E felony, carrying a potential sentence of one to four years. While marijuana is legal in limited amounts, possession exceeding one ounce or not adhering to state guidelines can still result in severe penalties. Nevada also offers alternatives like drug court, which focuses on treatment rather than incarceration.
How does Nevada law define 'possession'?
Nevada law defines possession as having control over a controlled substance, whether it’s on your person, in your belongings, or in a location you have access to. This includes both actual possession (physically holding the substance) and constructive possession (having the ability to control it, even if it’s not directly on you).
What Is considered a controlled substance in Las Vegas?
Controlled substances in Nevada are categorized into five schedules based on their danger and medical use. Examples include:
- Schedule I & II: Heroin, cocaine, methamphetamine, and other highly dangerous drugs.
- Schedule III-V: Prescription drugs like anabolic steroids and other pharmaceuticals, which are legal only with proper authorization.
Marijuana is also considered a controlled substance if possessed in amounts exceeding the legal limit or used in prohibited ways.
Can I get a drug possession charge expunged?
Yes, it is possible to have a drug possession charge expunged in Nevada under certain conditions. Successful completion of a drug court program or deferred prosecution may allow you to avoid a conviction, making it easier to clear your record. Consulting an experienced attorney can help you understand your options.
What steps can I take to minimize the impact of a possession charge?
To minimize the impact of a possession charge, consider the following steps:
- Hire an experienced attorney: A skilled lawyer can evaluate your case, outline potential defenses, and negotiate with prosecutors.
- Explore drug court options: Nevada’s drug courts focus on treatment and rehabilitation, which can help you avoid incarceration.
- Understand your rights: Knowing the laws and your legal options can help you make informed decisions.
- Comply with legal requirements: Following court orders and completing any assigned programs can improve your chances of a favorable outcome.
