Nevada drug laws forbid possessing, making, or selling controlled substances without a current and valid doctor’s prescription. The only exception is that adults 21 and older may possess two-and-a-half ounces or less of marijuana while at home.
The following graphic shows typical prison terms for first-time drug crimes in Nevada.
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 For Sales
- 3. Sales & Distribution
- 4. Manufacturing
- 5. Drug Trafficking
- 6. Other Drug Crimes
- 7. Federal Law
- 8. Frequently-Asked-Questions
- Additional Resources
1. Drug Possession
Possessing narcotics for personal use – also called “simple possession” – is knowingly having physical control over drugs for recreational purposes. Under NRS 453.336, possession comprises either:
- actual custody, such as physically carrying the drugs in your hand, pocket or purse;
- constructive custody, such as knowingly storing the drugs in a safe or car you own or have control over; or
- 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 diversion or Drug Court, an intensive rehabilitation program.
Possessing 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 also possess up to 2.5 oz even if they are under 21.2
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.
Possessing 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.
Possessing 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 |
Possessing 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 Drugs | 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 |
First-time drug possession offenders in Nevada may be able to avoid a conviction by completing Drug Court.
2. Possession For Sales
Possessing drugs for the purpose of selling them – also called “possession for sale” – carries stiffer penalties than simple possession in Nevada. As the following table shows, the punishment for possession for sale under NRS 453.337 depends 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. Sales & Distribution
Nevada law under NRS 453.321 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 depends on the type of narcotic:
Selling/Distributing 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.
Selling/Distributing 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.
Police often use informants, undercover officers, or stings to make drug arrests.
4. Manufacturing
Manufacturing controlled substances in violation of NRS 453.322 is a category B felony in Nevada. It carries three to 15 years in prison and up to $100,000, though the maximum term is 20 years if you caused a fire or an explosion.
Probation cannot be granted in lieu of prison for manufacturing drugs.
5. Drug Trafficking
Trafficking 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 for trafficking in violation of NRS 453.3385 turn on the weight of the narcotics.
Trafficking 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).
Trafficking 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 |
Trafficking 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 |
6. Other Drug Crimes
- Being under the influence of drugs (NRS 453.411)
- Drug paraphernalia offenses (NRS 453.560 – 453.566)
- Drugged driving (NRS 484C.110), including DUI of prescription drugs
- Giving people drugs in order to commit a felony (NRS 200.405)
- Giving people drugs in order to commit a violent crime against them (NRS 200.408)
- Possessing, selling, distributing, or advertising fake drugs (NRS 453.332)
All federal drug cases in Nevada are litigated in either the Lloyd D. George Federal Courthouse in Las Vegas, or the Bruce R. Thompson Federal Courthouse in Reno.
7. 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 local district attorney and the U.S. Attorney’s Office.
The following table shows the federal sentences for simple drug possession.
| Simple Possession Crime | Federal Penalties |
| First conviction |
|
| Second conviction |
|
| Third or successive conviction |
|
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.9
See our related article on drug trafficking under federal law.
8. Frequently-Asked-Questions
I just got arrested for drugs in Nevada. What should I do first?
Do not talk to the police or anyone else about your case. You have the right to remain silent – use it!
Then call a defense lawyer right away. Everything you say to your lawyer is private. If you cannot afford a lawyer, the court will give you one for free.
What is the difference between possession and intent to sell?
Possession means having drugs for your own use. Intent to sell means the police think you were planning to sell or give drugs to others.
The punishment for intent to sell is much harsher than for simple possession. We can often fight to get “intent to sell” charges reduced to possession.
Can the police search my car or home for drugs without a warrant?
Generally, police need a search warrant (a court order) to search your home. Though there are exceptions, including:
- If you give the police permission to search,
- If the police see drugs in plain view,
- If the police have probable cause (strong evidence) that a crime is happening, or
- In emergencies.
Meanwhile, police can search your car during a traffic stop if they have probable cause it contains evidence of a crime or if you give your permission.
Never agree to a search if you are asked. Politely say, “I do not consent to any searches.”
Will I lose my job because of a drug arrest?
It depends on your job. Many people keep their jobs while fighting drug charges, though some employers require you to report if you have been arrested, charged or convicted.
We can often get drug charges reduced or dismissed to protect your job. Most convictions can be sealed (removed from public record) after enough time has passed.
Can I get drug treatment instead of prison?
Nevada does have special drug courts that allow you to do rehab instead of incarceration. You are more likely to qualify if:
- It is your first offense,
- You are charged with possession (not selling), and
- You show you are serious about getting help.
7. How long will this take to resolve?
Most Nevada drug cases take three to six months to resolve. Some factors that affect timing:
- If you are offered a plea deal,
- If we need to fight the charges at trial (which is rare),
- If you enter a treatment program,
- How busy the courts are, and
- If we can get evidence thrown out.
What happens to my case if the police did not read my rights?
On TV, police always read suspects their Miranda rights while they are being handcuffed during the arrest. In reality, police do not have to read you your rights post-arrest unless they are also questioning you (called “custodial interrogation”).
If the police failed to read you your Miranda rights prior to custodial interrogation, we may be able to get any incriminating statements you made thrown out as evidence (“suppressed“). In any case, always exercise your right to remain silent until you speak to a lawyer.
Do I have to go to all court dates?
If you hire a Nevada criminal defense attorney to appear in court for you, you can usually stay at home. However, you always have to appear at preliminary hearings and trials.
If you miss a required court date, the judge will issue a bench warrant for your arrest. We can ask the court to recall (“quash”) the warrant, but that can take several days.
Can I be arrested for drug paraphernalia?
Yes. The following table shows the penalties for Nevada drug paraphernalia crimes.
| Paraphernalia Offense | Nevada Sentence |
| Simple possession | Misdemeanor: Up to 6 months in jail and/or $1,000 |
| Unlawful sale, manufacture, or trafficking | Category E felony: Probation and a suspended sentence (in most cases) |
| Unlawful delivery to a minor | Category C felony: 1 to 5 years in prison and up to $10,000 |
| Unlawful advertising | Misdemeanor: Up to 6 months in jail and/or $1,000 |
Typical examples of drug paraphernalia include:
- Baggies,
- Needles,
- Crack pipes,
- Cocaine spoons,
- Razor blades, or
- Dispensing devices containing trace amounts of drug powder.
Additional Resources
If you or someone you know is 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.
Legal References
- NRS 453.336.
- NRS 678C.200.
- NRS 453.336. NRS 678D.310 .
- Nevada Revised Statutes 453.336; NRS 453.3363. See also Kebew v. Eight Judicial District Court (Nev. 2024) .
- NRS 453.337; NRS 453.338; see also LaChance v. State, (2014) 130 Nev. 263, 321 P.3d 919, 130 Nev. Adv. Rep. 29. Katelyn Newberg, Nevada’s drug classification for cannabis ruled unconstitutional, Las Vegas Review-Journal (September, 14, 2022)(“[This] ruling will prevent people from being prosecuted for marijuana-related crimes under laws that only apply to Schedule 1 drugs but don’t specifically reference marijuana.”).
- NRS 453.3393.
- NRS 453.321; see also Paige v. State, (2000) 116 Nev. 206, 995 P.2d 1020, 116 Nev. Adv. Rep. 21. Katelyn Newberg, Nevada’s drug classification for cannabis ruled unconstitutional, Las Vegas Review-Journal (September, 14, 2022)(“[This] ruling will prevent people from being prosecuted for marijuana-related crimes under laws that only apply to Schedule 1 drugs but don’t specifically reference marijuana.”).
- NRS 453.3385; NRS 453.339. SB 35 (2023).
- 21 U.S.C. § 844.