Drug Crime In Nevada
The definition of a drug crime in Nevada is the “possession” of illegal or law-regulated substances. This possession can be either “actual” or “constructive” and both types are covered by state laws.
Illegal drugs in Nevada include but aren’t limited to marijuana, cocaine, heroin, ecstasy, opium, and methamphetamine. An individual caught “having custody” of any of these illegal narcotics can be accused of drug possession. This situation is defined as “actual custody” of the substance.
An individual can also be charged with possession and even arrested if caught in possession of equipment, devices or materials that are used to produce, conceal or use any of the illegal substances as defined by law. Needles, baggies, pipes, and dispensers containing a trace of the alleged products are only a few examples of such narcotics-related items that can get you accused of drug possession in Nevada.
The first thing you should do after being charged with possession of narcotic drugs is to get in touch with a Las Vegas drug attorney. This should allow you to limit the consequences and to avoid a harsh sentence following a drug possession conviction.
As stated above, possession doesn’t necessarily mean that you were actually holding the substance by the time you got caught by the law enforcement officers. The Nevada law mentions three types of “possession,” namely Actual, Joint And Constructive. Let’s take a closer look at each of them.
Actual Possession
Actual possession involves direct physical control over the alleged substance at a given moment. Having marijuana in your bag, whether you are aware of it or not, means that you’re in possession of this substance.
Joint Possession
Possession of illegal substances can also be joint. This means that two or more people can be in the possession of the same item at the same time.
If, for instance, you give your cocaine to your brother to keep it in his pocket, both of you have possession of this substance, jointly. This is the joint possession.
Constructive Possession
An individual who, even though not guilty of actual possession of a law-controlled substance, is knowingly able and intends to exercise control over the drug or to have someone else do it, is in constructive possession of the illegal drug.
For example, if you have a bag in the trunk of your vehicle, you are aware of its illegal content and you intend to take this bag out of the trunk, you are in constructive possession of that substance.
Punishments For Drug Possession Under Nevada Law
Nevada law includes different penalties for a wide range of drug possession crimes. In Nevada, one can be charged with possession and become subject to a Felony Drug Offense regardless of the amount of substance you’ve been caught with. These penalties depend on a range of factors such as the weight of the drugs, the schedule the substance falls into, and prior convictions for the same type of felony.
It’s worth mentioning here that most drug possession charges in Nevada are assimilated to a felony. In spite of this, a knowledgeable Las Vegas substance defense attorney can help have your charges dismissed or at least reduced to a certain extent. Considering that you’re looking forward to up to four years of prison time and potential fines of up to $20k, it’s easy to understand why contacting a drug defense attorney as early as possible is the way to go after you’ve been charged with possession of such substances.
Nevada Criminal Law Guide
Las Vegas, Nevada