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WHAT IS POSSESSION OF A CONTROLLED SUBSTANCE IN NEVADA?
Possession of a controlled substance in Nevada means knowingly and intentionally possessing a Schedule I, II, III, IV, or V controlled substance without a valid prescription. This includes cocaine, heroin, methamphetamine, MDMA, and prescription drugs obtained illegally.
WHAT THE PROSECUTION MUST PROVE
To convict you of Possession of a Controlled Substance in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant possessed a controlled substance
The defendant knew the substance was a controlled substance
The defendant did not have a valid prescription
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR POSSESSION OF A CONTROLLED SUBSTANCE IN NEVADA
First or Second Offense (Schedule I or II)
Category E felony. 1 to 4 years in prison (often suspended with probation). Drug treatment program may be available.
Third or Subsequent Offense
Category D felony. 1 to 4 years in prison.
Marijuana Possession (Over 1 oz)
Misdemeanor to felony depending on amount.
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending possession of a controlled substance charges
Nevada has Drug Court programs that allow eligible defendants to avoid prison through supervised treatment. This is often the best outcome for first and second-time drug possession offenders.
Constructive possession — having drugs in your home or car that belong to someone else — is a common scenario. The prosecution must prove you knew the drugs were there and had the ability to exercise control over them.
The search that discovered the drugs must be lawful. Fourth Amendment challenges to unlawful searches and seizures are among the most effective defenses in drug possession cases.
Nevada legalized recreational marijuana in 2017. Possession of up to 1 ounce of marijuana by adults 21+ is legal. However, possession of larger amounts or possession by minors remains illegal.
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 POSSESSION OF A CONTROLLED SUBSTANCE
Every case is unique, but these are the defenses most commonly raised in possession of a controlled substance cases in Nevada:
Unlawful search and seizure — Fourth Amendment violation
No knowledge of the drugs
No actual or constructive possession
Valid prescription
Drugs belonged to someone else
Entrapment