Possession of Controlled Substance in Las Vegas, Nevada
Understanding controlled substance charges
It may come as a surprise to many people, tourists in particular, but Nevada has one of the strictest laws in the United States when it comes to distribution or possession of illegal drugs.
If you are facing drug charges in Las Vegas, Nevada, you need to hire the best criminal defense attorney you can find, to protect your rights and your future. The drug convictions can stay on your record forever and can affect your ability to find a job or housing.
The tough criminal defense attorney at Heshmati & Associates can represent you. Every month, Heshmati & Associates law firm handles dozens of drug-related cases, from illegal possession of controlled substances, like marijuana, ecstasy, or cocaine, to multiple drug trafficking charges and everything in between.
Call us at 702-432-1000 to discuss your case.
Recreational marijuana
Effective January 1, 2017, adults of 21 years and over with a valid US Government issued ID or international passport will be allowed to purchase from a legal dispensary up to one (1) ounce of marijuana, or up to an eighth of an ounce of concentrated marijuana and consume on private property.
Possession of controlled substance: Definition
In Nevada, possession of a controlled substance (sometimes also called PCS) includes both - prescription drugs and all illegal drugs.
Penalty for possession of a controlled substance
The penalty for unlawful possession of a controlled substance depends on:
- Drug Weight (Applied to drug trafficking charges only)
- Drug Schedule
- Classification of Felony
Possession of controlled substance: Drug Weight
Drug weight is broken down into three major categories:
Classification Weight Chart
| Group Number | Weight |
|---|---|
| Group 1 | At least 4 grams but less than 14 grams |
| Group 2 | At last 14 grams but less than 28 grams |
| Group 3 | Everything over 28 grams |
Who regulates illegal drug schedules??
In the United States, the Controlled Substances Act (CSA) regulates illegal drug possession, distribution, and manufacturing. The Drug Enforcement Agency (DEA) is responsible for the enforcement of the Controlled Substances Act.
The DEA organized all illegal drugs into five groups or Schedules. The DEA also maintains all drug's schedules and can add or erase any drug from a certain schedule at any time.
According to the DEA, "a substance need not be listed as a controlled substance to be treated as a Schedule I substance for criminal prosecution." Any drug that is structurally or pharmacologically similar to a Schedule I or Schedule II substance and is not an approved medication in the United States is considered illegal.
Possession of controlled substance: Drug Schedules
We published here only a partial list of drugs included in Schedule 1 thru 5. For the full list of illegal drugs, or if you have a question regarding a specific drug, call 702-432-1000 to speak with a criminal defense attorney directly.
Drug Schedule Chart
| Drug Schedules 1 - 5 |
Drug List |
|---|---|
| Schedule 1 Drugs |
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| Schedule 2 Drugs |
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| Schedule 3 Drugs |
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| Schedule 4 Drugs |
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| Schedule 5 Drugs |
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Note: Drugs included in Schedule 3 - 5 are prescription drugs.
Misdemeanor or felony?
Except for marijuana, possession of controlled substances is a felony in Nevada.
Marijuana is now in a transition state from being an illegal drug to a prescribed medicine for selected illnesses. Yet, as we write this, possession of marijuana over 1 ounce is still considered illegal in Nevada.
Possession of controlled substance:
Classification of Felony Chart
| Classification of Felony | Sentence |
|---|---|
| Category E Felony | Up to 1 year in jail + fine up to $5,000 |
| Category D Felony | 1-4 years in Nevada state prison + fine up to $20,000 |
The penalty for a first and second possession offense is a Category E felony. If the drug is GHB (also known as a "Club Drug" or "Rape Drug"), the sentence may be up to 6 years in prison.
Defenses to possession of controlled substance charge
Every case is different. Some common defenses that attorneys use to challenge the unlawful possession of the controlled substance usually revolve around challenging the legality of:
- Police stop
- Search and arrest
- Search and wiretap warrants
- Chain of custody of the evidence
There are technical rules that the police must follow to conduct a proper investigation for the possession of a controlled substance case. When these rules are violated, a drug possession case can be negotiated with a very favorable outcome, including dismissal, fines, community service, and probation.
"Chain of Custody" defense
The "chain of custody" defense deserves a special explanation.
The "chain of custody" requires the prosecutor to demonstrate that once seized, the evidence has been under the control (or dominion) of the government and at no time could have been tampered with.
If the criminal defense attorney succeeds in showing that the "chain of custody" rules weren’t followed and somebody tampered with the evidence, the evidence can become inadmissible in court.
In Las Vegas, the attorneys often see "chain of custody" issues in cases involving casino security. For example, if the casino security didn't follow the proper legal procedures to protect evidence, the judge may rule that the prosecutor has insufficient evidence to allow the case to continue and dismiss the case.
Chain of custody issues are very common with drug possession charges and firearm possession charges.
If you have any questions about the "chain of custody" procedures in Las Vegas, call us at 702-432-1000.
What are the penalties for possession of heroin?
Heroin is a schedule 1 substance and in Nevada treated as a felony.
What is the drug charge for a group of people?
When groups of people are charged with drug-related offenses, they can each individually be charged with conspiracy as well.
Drug charges for multiple people are very fact-intensive. Important facts include:
- Who lives in the home?
- Where was each individual in the home when the police entered?
- What is the relationship between the individuals in the home?
Other facts that seem trivial may also be very important.
The outcome for drug cases often turns on search and seizure issues that are very fact-specific. Call us at 702-432-1000 with any questions you may have.
Possession of a controlled substance 1-4 Grams:
At what category does it fall?
Possession charges for controlled substances depend on the category of the substance. However, for most drugs, simple possession charges for first offenses are Category E felonies, which are minor felonies.
Stressful professions & drug crimes
In the last few years, Heshmati & Associates law firm represented many professionals, including doctors, nurses, dentists, pharmacists, corporate executives, and sometimes even other attorneys accused of illegal drug possession.
Cases involving professionals, especially those in the medical field, can be extremely challenging. We know a medical professional cannot under any circumstances have a conviction for a drug charge. It will create employment problems and licensing problems.
We have experience dealing with medical licensing agencies and boards. Our attorney will communicate with the licensing agency to fulfill your self-reporting obligation.
Drug crime attorney can help
The law firm of Heshmati & Associates defended hundreds of people charged with unlawful possession of controlled substance.
We can help if you are arrested for illegal possession of the controlled substance or facing any other drug-related charges. Call us at 702-432-1000 to speak with a drug crime attorney directly.
We represent clients in Las Vegas, Henderson, Laughlin, Mesquite, North Las Vegas, Clark County, and throughout Nevada.
The initial consultation is free and confidential.
Payment plans are available.
Resources:
Unlawful Possession of Controlled Substance
Drug Schedules - DEA. The DEA enforces the controlled substances laws and regulations of the United States.
Possession of Controlled Substance - Drug Schedules - Comprehensive List.
