DRUG POSSESSION DEFENSE ATTORNEY — LAS VEGAS, NV
PROTECTINGYOUR FUTURE
A drug possession charge can affect your employment, housing, and future. Thomas Boley has defended clients against drug charges in Las Vegas for 18+ years. We fight to protect your record and your freedom.
Act Fast — Time Matters in Drug Cases
Decisions made in the first hours after arrest can significantly impact your case outcome. Contact us immediately for a free, confidential consultation.
NRS 453.336 — WHAT YOU ARE FACING
PENALTIES FORDRUG POSSESSION IN NEVADA
Understanding what you are facing is the first step to building an effective defense. These are the statutory penalties under Nevada law.
Schedule I / II
Heroin, cocaine, methamphetamine, fentanyl
Category E felony — 1–4 years prison, up to $5,000 fine
Category D felony — 1–4 years prison, up to $20,000 fine
Schedule III / IV
Anabolic steroids, ketamine, Xanax, Valium
Category E felony — 1–4 years prison, up to $5,000 fine
Category D felony — 1–4 years prison, up to $20,000 fine
Marijuana (over limit)
More than 1 oz (adults 21+) or any amount (minors)
Category E felony (1–10 lbs) or D felony (10+ lbs)
Enhanced penalties; possible trafficking charges
Beyond prison and fines, a drug possession conviction can result in loss of your driver's license, ineligibility for federal student aid, job loss, housing difficulties, and immigration consequences. An experienced attorney can fight to protect your future.
HOW WE FIGHT YOUR CHARGES
PROVEN DEFENSESTRATEGIES
Thomas Boley examines every aspect of your arrest to identify constitutional violations and weaknesses in the prosecution's case.
Unlawful Search & Seizure
If police violated your Fourth Amendment rights — conducting a search without a warrant, probable cause, or valid consent — any evidence obtained may be suppressed under the exclusionary rule, potentially dismissing your case.
Lack of Knowing Possession
The prosecution must prove you knowingly possessed the controlled substance. If the drugs belonged to someone else, were planted, or you were unaware of their presence, this is a complete defense under Nevada law.
Valid Prescription Defense
Possession of a Schedule II–V controlled substance with a valid, current prescription from a licensed physician is a complete defense to NRS 453.336 charges. We verify prescription validity and fight improper charges.
Chain of Custody Challenges
The prosecution must prove the substance tested is the same substance seized from you. Breaks in the chain of custody — mishandling, mislabeling, or contamination — can invalidate the evidence entirely.
Diversion Program Eligibility
Under NRS 453.3363, many first-time and qualifying offenders can enter a court-supervised drug treatment program. Successful completion results in full dismissal of charges and no criminal conviction on your record.
Entrapment
If law enforcement induced you to commit a drug offense you would not otherwise have committed, entrapment is a valid defense. We investigate the circumstances of your arrest to identify improper police conduct.
Not sure which defenses apply to your case? . Thomas Boley will review the details of your arrest and explain your options.
NRS 453.3363 — DIVERSION PROGRAM
AVOID ACRIMINAL CONVICTION
Nevada's drug diversion program under NRS 453.3363 allows qualifying offenders to complete a court-supervised treatment program instead of facing criminal prosecution. Successful completion results in full dismissal of all charges — no conviction, no criminal record.
Who Qualifies?
Who Does NOT Qualify?
OUR PROCESSSTEP BY STEP
We handle every aspect of your defense so you can focus on your life and your future.
Free Case Evaluation
We review every detail of your arrest — the stop, the search, the seizure, and the charges. We identify constitutional violations and weaknesses in the prosecution's case before your first court date.
Evidence Investigation
We obtain police reports, body camera footage, lab results, and witness statements. We challenge the chain of custody, the legality of the search, and the accuracy of the substance testing.
Motions & Negotiations
We file suppression motions to exclude illegally obtained evidence and negotiate with prosecutors for reduced charges, diversion program placement, or case dismissal — before trial if possible.
Trial or Resolution
If the prosecution refuses a fair resolution, we take your case to trial. Thomas Boley prepares every drug possession case as if it will go before a jury — because that preparation wins cases.
NEVADA LAW
KEY STATUTES GOVERNINGDRUG POSSESSION CHARGES
Possession of Controlled Substance
Nevada's primary drug possession statute. Possession of a Schedule I–IV controlled substance without a valid prescription is a category E felony for a first offense, with penalties up to 4 years in prison and fines up to $5,000.
View full statute →Possession of Marijuana (Cannabis)
Governs possession of marijuana beyond the legal personal-use limit (1 oz for adults 21+). Possession of 1–10 lbs is a category E felony. Possession of more than 10 lbs is a category D felony.
View full statute →Drug Diversion Program
Nevada's drug diversion statute allows first-time and qualifying offenders to complete a treatment program in lieu of criminal prosecution. Successful completion results in dismissal of charges and no criminal record.
View full statute →Record Sealing After Diversion
After completing a diversion program or serving your sentence, Nevada law allows you to seal your drug possession record, removing it from public view and restoring your rights.
View full statute →FREQUENTLY ASKED QUESTIONS
DRUG POSSESSION QUESTIONS ANSWERED
YOUR FUTUREDESERVES A DEFENSE
Don't wait. The sooner you contact an attorney, the more options you have to protect your record and your freedom.
Thomas Boley offers free, confidential consultations. We fight for the best possible outcome — including charge dismissal, diversion program placement, and record sealing.
CONTACT US
FREE CONSULTATION
Tell us about your case. Thomas Boley will personally review the details and respond as quickly as possible.