Nevada Drug Laws & Penalties – A Defense Lawyer Explains

Nevada drug laws forbid possessing, making, or selling controlled substances. Exceptions are that

1. adults 21 and older may possess two-and-a-half ounces or less of marijuana while at home, and
2. people with Nevada medical marijuana cards may also possess two-and-a-half ounces of marijuana while at home.

In this article, our Las Vegas drug crimes lawyers will address the following topics as to Nevada’s narcotics crimes and penalties:

• 1. Drug Possession
• 2. Possession with Intent to Sell
• 3. Selling, Distributing, or Transporting
• 4. Drug Trafficking
• 5. Other Drug Crimes
• 6. What about federal law?
• Additional Resources

1. Drug Possession

Possessing narcotics for personal use (NRS 453.336) – also called simple possession – is knowingly having physical control over drugs. Possession comprises either:

1. actual custody, such as physically carrying the drugs in your hand, pocket or purse;
2. constructive custody, such as knowingly storing the drugs in a safe or car you own or have control over; or
3. joint custody, such as a couple or a group of friends sharing the drugs.

Below, we spell out the penalties for possession. Note that many first-time offenders in Nevada may be able to avoid convictions by completing a diversion program or Drug Court, an intensive rehabilitation program.

Marijuana

In Nevada, adults 21 and older may lawfully possess either:

• 2.5 oz. or less of marijuana; or
• 1/4 oz. or less of marijuana concentrate.¹

People with current Nevada medical marijuana cards may possess up to 2.5 oz.²

It is a crime to bring the weed out of the home, even to hotel rooms. Public consumption of marijuana is a misdemeanor carrying a $600 fine.³

Learn more about possession of marijuana.

GHB or Rohypnol

It is always a category B felony to possess gamma-hydroxybutyrate (GHB) or flunitrazepam (Rohypnol). The penalties are one to six years in Nevada State Prison.

Schedule I or II Drugs

The following table spells out the punishment for possessing the following controlled substances:

• Schedule I drugs (such as ecstasy, heroin, LSD, or PCP) and
• Schedule II drugs (such as cocaine, codeine, methamphetamine, opium, or OxyContin).

Amount of Schedule I or II Drugs	Possession Penalties in Nevada
Less than 14 grams	A first or second offense is a category E felony, which usually carries probation. A third or subsequent offense is a category D felony:  1 to 4 years in prison and up to $25,000
4 grams to less than 28 grams	Category C felony:  1 to 5 years in prison and up to $10,000
28 grams to less than 42 grams; or	Category B felony:  1 to 10 years in prison and up to $50,000
42 grams to less than 100 grams	Category B felony:  2 to 15 years in prison, and up to $50,000

Schedule III, IV or V Drugs

The following table spells out the punishment for possessing the following controlled substances:

• Schedule III drugs (such as ketamine or anabolic steroids),
• Schedule IV drugs (such as Xanax, Ambien, or Valium), and
• Schedule V drugs (such as Robitussin AC).⁴

Amount of Schedule III, IV or V Drug	Possession Penalties in Nevada
Less than 28 grams	A first or second offense is a category E felony, which usually carries probation. A third or subsequent offense is a category D felony:  1 to 4 years in prison and up to $25,000
28 grams to less than 200 grams	Category C felony:  1 to 5 years in prison and up to $10,000
200 grams or more	Category B felony:  1 to 10 years in prison, and up to $50,000

2. Possession with Intent to Sell

Possessing drugs for the purpose of selling them (NRS 453.337) – also called possession for sale – carries stiffer penalties than simple possession. As the following table shows, the punishment in Nevada turns on the drug type.⁵

Drug Class	Possession for Sale Penalties in Nevada
Schedule I (such as ecstasy, heroin, LSD, or PCP) Schedule II (such as cocaine, codeine, methamphetamine, opium, or OxyContin) Flunitrazepam Gamma-hydroxybutyrate (GHB)	1st offense Category D felony:  1 to 4 years in prison (or probation) and up to $5,000
	2nd offense Category C felony:  1 to 5 years in prison and up to $10,000
	3rd or subsequent offense Category B felony:  3 to 15 years in prison up to $20,000
Schedule III (such as ketamine or anabolic steroids) Schedule IV (such as Xanax, Ambien, or Valium) Schedule V (such as Robitussin AC)	1st or 2nd offense Category D felony:  1 to 4 years in prison (or probation), and up to $5,000
	3rd or subsequent offense Category C felony:  1 to 5 years in prison (or probation in certain cases) and up to $10,000

See our article on possessing marijuana for sale.

3. Selling, Distributing, or Transporting

Nevada law prohibits all of the following drug activities:

• selling,
• exchanging,
• importing,
• transporting,
• bartering,
• supplying,
• prescribing,
• dispensing,
• giving away, or
• administering

The punishment for these unauthorized acts with drugs (NRS 453.321) depends on the type of narcotic:

Marijuana

Growing more than 12 marijuana plans is a class E felony, which usually carries probation. Meanwhile, intentionally extracting concentrated cannabis is a category C felony, carrying one to five years in prison and up to $10,000.⁶

See our article on selling marijuana for more information.

Other Controlled Substances

The following table spells out Nevada’s punishments for illegal acts with controlled substances other than marijuana.⁷

Drug Class in Nevada	Penalties for Selling (or other illegal acts)
Schedule I (such as ecstasy, heroin, LSD, or PCP) Schedule II (such as cocaine, codeine, methamphetamine, opium, or OxyContin)	1st offense Category C felony:  1 to 5 years in prison (or probation) and up to $10,000
	2nd offense Category B felony:  2 to 10 years in prison and up to $20,000
	3rd or subsequent offense Category B felony:  3 to 15 years in prison up to $20,000
Schedule III (such as ketamine or anabolic steroids) Schedule IV (such as Xanax, Ambien, or Valium) Schedule V (such as Robitussin AC)	1st offense Category D felony:  1 to 4 years in prison (or probation) and up to $5,000
	2nd offense Category C felony:  1 to 5 years in prison and up to $10,000
	3rd or subsequent offense Category B felony:  2 to 10 years in prison and up to $15,000

See our related article on transporting drugs in Nevada.

4. Drug Trafficking

Trafficking (NRS 453.3385) is any illegal act done with a large amount of certain controlled substances. Even possession for personal use can be prosecuted as trafficking if the quantity is large enough. The penalties turn on the weight of the narcotics.

Marijuana

The following chart spells out the penalties for trafficking marijuana in Nevada.

Weight of Marijuana	Trafficking Penalties in Nevada
50 lbs. to less than 1,000 lbs.; or 1 lb. to less than 20 lbs. of concentrated cannabis	Category C felony:  1 to 5 years in prison and up to $25,000
1,000 lbs. to less than 5,000 lbs.; or 20 lbs. to less than 100 lbs. of concentrated cannabis	Category B felony:  2 to 10 years in prison and up to $50,000
5,000 lbs. or more; or 100 lbs. or more of concentrated cannabis	Category A felony:  15 years to life in prison (with the possibility of parole after 5 years) and up to $200,000

Learn more about trafficking marijuana (NRS 453.339).

Fentanyl

The following chart spells out the penalties for trafficking fentanyl in Nevada.

Weight of fentanyl	Trafficking Penalties in Nevada
28 to less than 42 grams	Category B felony:  1 to 10 years in prison
42 to less than 100 grams	Category B felony:  2 to 15 years in prison

Other Controlled Substances

The following chart spells out the penalties for trafficking these serious drugs in Nevada:

• Schedule I drugs (such as ecstasy, heroin, LSD, or PCP),
• Schedule II drugs (such as cocaine, codeine, methamphetamine, opium, or OxyContin), or
• GHB or Rohypnol.⁸

Drug Weight	Trafficking Penalties in Nevada
100 to less than 400 grams	Category B felony:  2 to 20 years in prison and up to $100,000
400 grams or more	Category A felony:  25 years to life in prison (with the possibility of parole after 10 years) and up to $500,000

5. Other Drug Crimes

Driving Under the Influence (DUID)

Drugged driving is punished the same as drunk driving. A first offense in a seven-year period is typically a misdemeanor unless someone gets seriously injured or killed.

Jail is rare for a first-time offense as long as you complete all the other sentencing terms, which usually include fines, DUI School, and a victim impact panel. The DMV will also revoke your driver’s license.⁹

Also, learn about DUI of prescription drugs.

Being Under the Influence

Simply being high (NRS 453.411) is a misdemeanor in Nevada, carrying up to six months in jail and/or up to $1,000. It does not matter if you are found with no drugs on or near you.¹⁰

Paraphernalia

Possessing drug paraphernalia with the intent to use it is a misdemeanor in Nevada, carrying up to six months in jail and/or up to $1,000.¹¹ Though selling paraphernalia – or possessing it with intent to sell it – is a category E felony, which is usually probationable.¹²

Note that an adult who delivers paraphernalia to a minor at least three years younger than the adult faces category C felony charges. This carries one to five years in prison, up to $10,000, and restitution for the costs of the minor taking a substance abuse program.¹³

Examples of drug paraphernalia are:

• needles (such as for heroin)
• pipes
• scales
• containers/baggies
• devices for dispensing drugs
• anything else used to measure, store, make, or conceal drugs

To prove these materials are being used as paraphernalia, police send them to drug labs to test for trace amounts of drugs (such as residual cocaine powder).

Administering Drugs to Aid in the Commission of a Violent Crime

It is a category B felony to give people drugs in order to commit a violent crime against them (NRS 200.408). An example is slipping someone a date rape drug in a drink. Penalties include one to 20 years in prison.¹⁴

Administering Drugs to Aid in the Commission of a Felony

It is a category B felony to give people drugs in order to commit a felony (NRS 200.405). An example is drugging a security guard in order to burglarize a store. Penalties include one to 10 years in prison.¹⁵

Imitation Drugs

Possessing, selling, distributing, or advertising fake drugs (NRS 453.332) is a crime in Nevada. You face misdemeanor, gross misdemeanor, or category C felony charges depending on the facts of the case.¹⁶

Manufacturing Drugs

It is a crime to make drugs or to possess drug-making materials with the intent to use them to make drugs (NRS 453.322). This is a category B felony carrying three to 15 years in prison. The maximum term becomes 20 years if there is a fire or an explosion.

6. What about federal law?

Federal law and Nevada state law are largely similar regarding simple drug possession, except that Nevada law has separate penalties for marijuana possession.

You may face charges in both Nevada state and federal court for the same drug possession charge. Whether you are prosecuted in one or both courts is decided by the District Attorney and the U.S. Attorney’s Office.

Penalties

A first-time conviction of violating federal law for simple possession of narcotics carries a sentence of:

• up to 1 year in Federal Prison, and/or
• a minimum fine of $1,000

A second-time conviction of simple drug possession carries a sentence of:

• 15 days to 2 years in prison, and
• a minimum fine of $2,500

The third or successive conviction of simple possession of controlled substances carries a sentence of:

• 90 days to 3 years in prison, and
• a minimum fine of $5,000

Note that possessing flunitrazepam – even for the first time – carries up to three years in federal prison and/or a fine.

Also, note that courts can levy extra fines to cover reasonable costs of the investigation and prosecution of the case; however, the court may waive all fines if it determines that you have no ability to pay.¹⁷

See our related article on drug trafficking under federal law.

Additional Resources

If you or someone you know are struggling with addiction, refer to the following:

• Narcotics Anonymous – 12-step program to overcome drug addiction.
• Nar-Anon – 12-step program for family/friends of addicts.
• SAMHSA – Substance Abuse and Mental Health Services – 24/7 hotline and support.
• SAMHSA – Online treatment locator – Find rehabs by address or zip code.
• Crisis Support Services of Nevada – 24/7 hotline and support.