Nevada Criminal Defense Lawyers

Drug Possession With Intent / Distribution


Serious drug charges mean serious penalties. This is especially true in Nevada, known for our harsh drug laws. If you are accused of possessing drugs with the intent to sell or distributing them, it is understandable that you would be very concerned about what could happen to you.

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The prosecution can use several factors when deciding to charge you with a serious drug crime as opposed to “possession” of a controlled substance. Things like the amount of drugs you had, how it was packaged, and eyewitness testimony can all be used against you in a case like this.

Nevada Drug Classification

Controlled substances are classified by drug schedules. These schedules separate drugs by how dangerous they are and what the risk of addiction is with them. Obviously, the more dangerous a substance is, the more severe your potential sentence.

Schedule I drugs are the most dangerous, have no medical use, and are highly addictive. They include things like heroin, LSD, and ecstasy. Schedule II drugs include cocaine, methamphetamines, crack, and morphine. There are 5 schedules altogether with the schedule V substances posing little addiction risk and having a valid medical use.

Nevada Drug Possession w/Intent Laws & Penalties

The seriousness of the charge you face and the subsequent potential sentence is dependent on the drug in question and your criminal record.

Intent to Distribute Schedules I and II

These drugs include heroin, ecstasy, cocaine, methamphetamines, and others. If you are charged with intent to deliver one of these substances, you will face the harshest potential penalty.

If this is your first offense, you will be charged with a Class D felony and face a mandatory minimum sentence of 1 year, up to 4 years.

If this is your second drug offense, you will face Class C felony charges, a minimum 1 year and up to 5 years in prison along with fines.

If this is your third or greater such offense, you will be charged with Class B felony and face a mandatory minimum sentence of 3 years, up to 15 years with fines reaching $20,000.

Ref: NRS §453.337

Intent to Distribute Schedules III, IV, and V

Drugs like steroids, sedatives, and numerous prescription drugs are included in Schedules III, IV, and V. If you are accused of possessing these with intent to distribute, you will face the following potential penalties:

If this is your first or second drug charge, you will face Class D felony charges including a minimum 1 year and up to 4 years in prison, plus a fine up to $10,000.

If this is your third or subsequent offense, you will face a Class C felony charge and a minimum 1 year and up to 5 years in prison plus fines.

Ref: NRS §453.338

There are numerous other serious drug charges that you could be facing, each carrying the potential of several years behind bars. If you are up against charges like these and unsure of what to do first, contact me.

As a local defense lawyer, I can give you a free consultation. Let’s talk about your case and discuss the options available to you.