How are Las Vegas drugs categorized?
In the state of Nevada, narcotics and controlled substances are classified under five different drug schedules. The Nevada drug laws and schedules are based upon such factors as the drugs’ potential for abuse, medical use and acceptance, and the effects of abuse.
Drug possession is when an individual carries any schedule level drugs in their bags, hands, or hides them in their other belongings. Nevada drug law 453D does make exceptions to legal marijuana, concentrated marijuana, and medical marijuana possession. However, any drug possession charge is serious and should be treated that way.
Schedule I Drugs
Schedule I drugs are substances that have been determined to have a high potential for abuse, are not accepted for medical treatment in the United States, and are unsafe for use in treatment.
Common Schedule I substances include:
- Ecstasy (MDMA)
- Marijuana (Marijuana is categorized as Schedule I even though medical marijuana is legal; there are specific laws and penalties for marijuana offenses in Nevada.)
Schedule II Drugs
Schedule II drugs are substances that have been found to have a high potential for abuse, be an accepted use for medical treatment, or are an acceptable use for medical treatment with severe restrictions. They can also lead to physical or psychological dependence if abused.
Schedule II substances include:
- Methylphenidate (Ritalin)
Schedule III Drugs
Schedule III drugs are substances that have been found to have less potential for abuse than Schedule I and II drugs, have a currently accepted use for medical treatment, and lead to moderate or low physical or psychological dependence if abused.
Common Schedule III drugs include:
- Anabolic steroids
- Synthetic Dronabinol
Schedule IV Drugs
Schedule IV drugs are substances that have been found to have a lower potential for abuse than Schedule III drugs, have a current acceptance for medical treatment use, and can cause limited physical or psychological dependence if abused.
Schedule IV drugs include:
Schedule V Drugs
Schedule V drugs are substances that are found to have less potential for abuse than Schedule IV drugs, have been accepted for medical treatment use, and can cause limited physical or psychological dependence relative to Schedule IV drugs.
Common Schedule V drugs include:
- Substances with small amounts of codeine, such as cough suppressants
- Substances with small amounts of dihydrocodeine
- Substances with small amounts of opium
- Substances with small amounts of difenoxin
- Substances with small amounts of ethylmorphine
What are the different types of drug charges in Nevada?
It is important to know the different types of drug charges in Nevada. While possessing drugs is the lowest drug crime, it is still unlawful and dangerous. As mentioned above, a drug possession charge can range in punishment. If it is your first offense, you will be considered a category E felony. This means that the defendant can face up to four years in jail and have large fines. However, as the offense becomes more threatening, there will be longer jail times and more severe felony charges.
Transporting and selling drugs is a more serious crime than possessing drugs. If you have numerous baggies, scales, or other materials used for controlled substances, law enforcement will use this as evidence against you. Remember that there are exceptions and specific guidelines for legally selling marijuana in Nevada, however, just because you are possessing or selling marijuana does not mean it is legal.
If you do not possess the drugs for selling but have the materials to sell you will be charged with paraphernalia. It is illegal to have tools and objects that would help with drug trades. Spoons, pipes, separation devices, and scales are examples of drug objects.
Manufacturing wholesale drugs is breaking the law in Nevada. If you manufacture, you will face extensive prison sentences.
What are the consequences of violating Nevada drug laws?
When an individual faces a first or second position of any Schedule, I, II, III, or IV drug, it is a category E felony, which means numerous years in jail and large fines. If the individual receives a third offense, they will be a category D felony.
When a person is faced with drug possession of a Schedule V drug, only the first offense is a category E felony. After that, additional charges will be considered a category D felony.
If you are selling a counterfeit of a controlled substance you are breaking the law. A drug counterfeit can be K2 spice, methanol, or any other ingredient in the making of drugs. The punishment for selling counterfeit starts at six years in jail. If this is not your first charge, you will face harsher penalties.
Lastly, the sentences for manufacturing or selling drugs are more severe than possession penalties.
If you are traveling to Las Vegas, be aware that even you can face drug charges. Visitors are arrested because they are not familiar with the Las Vegas drug laws.
If you are from Nevada or out-of-state and believe you have received false drug charges, let a Las Vegas drug crimes lawyer help you.
Some examples of false convictions include:
- Flawed substance testing
- Incorrect weight of the drugs
- Illegal search and seizure
- Constitutional rights were violated when law officials were interrogating
- Drugs were planted
Drug charges are serious and should not be taken lightly. If you are convicted, you can participate in programs like substance abuse treatment and monitoring to reduce your jail time or charge.
Need a lawyer for drug charges in Las Vegas?
If you violated Nevada drug laws and were charged with a drug offense, it is important to obtain the counsel of an experienced criminal defense attorney in Las Vegas as soon as possible. Our team at De Castroverde Law Group has defended clients against all types of drug charges, and we can represent your rights and interests before the courts. Contact a Las Vegas drug crimes lawyer from our firm today to discuss your charges and to learn how our seasoned representation can benefit your case.