It is important to always keep in mind that an arrest is not yet a conviction. However, any small conviction for possession of a controlled substance can have a lasting impact on your criminal record even if you did not serve time for it. A second conviction could have severe repercussions on a penalty range.
If you have been arrested on charges of criminal possession or other drug offenses, do not hesitate to contact our attorneys for a free consultation.
Drug crimes in Nevada have varying degrees of penalties and fines, depending on the type of substance and the amount.
Drug offenses in Nevada include the following:
Each of these offenses will range in penalties and will largely depend on the facts and circumstances of the arrest, as well as the type and quantity of substance involved. Additionally, drug offenses concerning possession have more lenient sentences than drug offenses involving drug trafficking. The difference between the two types of crimes has to do with the amount of the substance found when you are arrested. It is important to treat each arrest with importance since even a small misdemeanor conviction can have a lasting impact on your future. Drug trafficking crimes will only apply to situations where the defendant is arrested with Schedule I or Schedule II substances.
Nevada separates controlled substances into five schedules:
- Schedule I: Includes heroin, LSD, ecstasy, peyote, and PCP.
- Schedule II: Includes cocaine, OxyContin, Ritalin, Meth, Adderall, Demerol.
- Schedule III: Includes Tylenol with codeine, testosterone, or Vicodin.
- Schedule IV: Includes Xanax, Valium, and Ambien, and are defined by Nevada statute to include substances with a low potential for abuse.
- Schedule V: Similar to Schedule IV substances, Schedule V substances include substances with a low potential for abuse which have been accepted for medical use in treatment in the United States.
As is clear, each type of substance has varying degrees of potential abuse and dependence, leading to enhanced penalties on each substance.
The penalties for making or selling Schedule I or Schedule II substances range according to whether you have a prior conviction, but could lead to up to 15 years in prison and a fine of at least $10,000. The penalties for making or selling Schedule III, IV, or V substances include a fine of up to $10,000 and up to five years in prison, depending on prior convictions.
Drug crimes, regardless of the severity, should always be treated with the utmost importance during criminal defense. While the penalties may range according to the substance type and quantity, a criminal conviction will remain on your record for the rest of your life. Even a misdemeanor offense can haunt you in years to come, and it is important to handle the criminal defense of your arrest regardless of the severity. Drug trafficking arrests may furthermore lead to federal charges, which will involve stricter penalties and punishment ranges than Nevada state law.