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WHAT IS DRUG TRAFFICKING IN NEVADA?
Drug trafficking in Nevada involves the manufacture, delivery, or possession with intent to deliver a controlled substance in quantities that exceed specified thresholds. Unlike simple possession, trafficking is determined by the quantity of drugs involved.
WHAT THE PROSECUTION MUST PROVE
To convict you of Drug Trafficking in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant manufactured, delivered, or possessed with intent to deliver a controlled substance
The quantity of the controlled substance met or exceeded the trafficking threshold
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR DRUG TRAFFICKING IN NEVADA
Trafficking (4g-14g Schedule I/II)
Category B felony. 1 to 6 years in prison and up to $50,000 fine.
Trafficking (14g-28g Schedule I/II)
Category A felony. 2 to 15 years in prison and up to $100,000 fine.
Trafficking (28g+ Schedule I/II)
Category A felony. 5 to 25 years in prison and up to $500,000 fine.
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending drug trafficking charges
Drug trafficking charges are often based on the quantity of drugs found — even if you had no intent to sell. Challenging the weight of the drugs and whether they were intended for personal use versus distribution is critical.
Indicia of sale — scales, baggies, large amounts of cash, text messages about drug sales — are what prosecutors use to prove intent to distribute. Challenging each piece of this evidence is essential.
Federal trafficking charges carry mandatory minimum sentences that are often harsher than state charges. If federal agents were involved in the investigation, you may face both state and federal prosecution.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO DRUG TRAFFICKING
Every case is unique, but these are the defenses most commonly raised in drug trafficking cases in Nevada:
Personal use — quantity was for personal consumption, not distribution
Unlawful search and seizure
No knowledge of the drugs
Entrapment by law enforcement
Challenging the weight or purity of the substance