Drug Trafficking – Nevada Law & Penalty – NRS § 453.3385

Nevada drug trafficking law is set forth under NRS § 453.3385. This section makes it a felony intentionally to possess, sell, manufacture, transport, or import 100 grams or more of

1. schedule I controlled substances (other than marijuana),
2. schedule II controlled substances,
3. Rohypnol or
4. GHB.

Low-level drug trafficking (100 grams to less than 400 grams) is a category B felony punishable by 2 to 20 years in Nevada State Prison and up to $100,000.00 in fines.

High-level trafficking is charged in cases of 400 grams or more. This is a category A felony that carries 25 years to life in prison and up to $500,000.00 in fines.

NRS 453.3385 states drug trafficking occurs when someone:

“knowingly or intentionally sells, manufactures, delivers or brings into this State or who is knowingly or intentionally in actual or constructive possession of” controlled substances.

In this article, our Las Vegas criminal defense attorneys focus on explaining trafficking schedule I drugs and II drugs under NRS 453.3385. Also, see our articles on trafficking marijuana under NRS 453.339.

1. Definition

Nevada’s legal definition of drug trafficking is very broad. It comprises any act done with large amounts of controlled substances, such as:

• Simple possession (NRS 453.336);
• Possession with the intent to sell (NRS 453.337 & 453.338);
• Selling (NRS 453.321);
• Transporting (NRS 453.321); or
• Manufacturing¹

Since trafficking involves large drug quantities, charges are typically reserved for big-time dealers and drug lords. You face separate charges for each controlled substance you allegedly traffic. So, if you sell large amounts of both heroin and MDMA, you face two separate trafficking charges: One for each drug.²

Note that trafficking is often abbreviated as TCS (short for trafficking in controlled substances). Trafficking drugs is illegal under federal law as well. Learn more about federal drug trafficking laws.

Prohibited drugs

NRS 453.3385 applies only to flunitrazepam (Rohypnol), gamma-hydroxybutyrate (GHB), and schedule I and II drugs (not including cannabis). Common schedule I substances include:

• Hydrocodone
• PCP
• Ecstasy
• Heroin
• LSD
• Magic mushrooms (peyote, mescaline)

Common schedule II drugs are Oxycontin (an opiate), cocaine, and methamphetamine.

Therefore, selling or transporting any quantity of Schedule III, IV, or V drugs is prosecuted under NRS 453.321. Legally, it is not considered trafficking.

2. Penalties

The punishment for violating NRS 453.3385 depends on the amount of drugs in the case.³

Weight of schedule I or II drugs, GHB, or Rohypnol (not including marijuana)	Trafficking Penalties in Nevada
100 to less than 400 grams	“Low-level trafficking” Category B felony: 2 – 20 years in Nevada State Prison and up to $100,000 in fines
400 grams or more	“High-level trafficking” Category A felony: 25 years – life in prison with the possibility of parole after 10 years and up to $500,000 in fines

Meanwhile, penalties for trafficking fentanyl apply when the amount involved is as low as 28 grams:

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

Finally, the penalties for trafficking marijuana under NRS 453.339 are less severe. (Note that the marijuana weight does not include dirt, seeds, or stalks.)⁴

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

Probation vs prison

Under Nevada drug laws, prison is usually mandatory for trafficking convictions. That said, the judge can reduce or suspend your sentence if you help the police investigate any crime. Factors the judge may consider include:

• The court’s evaluation of the significance and usefulness of your assistance;
• The truthfulness, completeness, and reliability of any information or testimony you provide;
• The nature and extent of the your assistance;
• Any injuries or risks suffered by you or your family resulting from the assistance; and
• The timeliness of your assistance.⁵

3. Defenses

Here at Las Vegas Defense Group, we have represented literally thousands of people charged with drug trafficking. In our experience, the following defenses have proven very effective with prosecutors, judges, and juries.

You did not know the drugs were there

Perhaps a drug dealer hired you to transport what you thought was legal cargo, but the shipment actually contained drugs. As long as you did not realize you were transporting drugs, you are not guilty of trafficking.

Example: Philip hires an Uber to courier over a wrapped birthday present to Bill. The Uber driver has no idea the present contains 100 grams of Ecstasy. Therefore, the driver is committing no crime.

In any case, the D.A. has the burden to prove guilt beyond a reasonable doubt. The D.A. typically relies on such evidence as

• the drugs themselves,
• surveillance video,
• eyewitnesses, and
• recorded communications.

Therefore, we would try to show the prosecution that this evidence is too weak to sustain a conviction.

The drugs did not weigh enough

NRS 453.3385 charges have a strict weight requirement of at least 100 grams of either:

• Rohypnol,
• GHB, or
• Schedule I or II drugs (not including marijuana).

If the scales the police used to measure the drugs were defective or mishandled, your trafficking charges could be reduced to a lesser drug offense.

The police performed an unlawful search

The 4th Amendment protects against illegal searches and seizures by the police. So if the police searched your property without probable cause or with an invalid search warrant, then any drugs they found may be inadmissible as evidence.

We would ask the judge to disregard (“suppress”) any evidence discovered from the unlawful search. If the court grants our motion to suppress evidence, the state may be left with too weak a case to prosecute your case.

4. Immigration

Trafficking narcotics is a deportable offense in Nevada.⁶ This means if you are a non-citizen, you can be removed from the U.S. once you serve your sentence.

5. Record seals

Category A felony drug trafficking convictions can be sealed ten years after the case ends. Category B felony drug trafficking convictions can be sealed five years after the case ends.

If your case gets dismissed, you can immediately petition the court for a record seal.⁷

Additional Resources

For more information, refer to the following:

• Drug Enforcement Administration (DEA) – Federal agency dedicated to enforcing federal drug laws. The local office is located at 600 S Las Vegas Blvd # 640, Las Vegas, NV 89101 and can be reached at (702) 759-8000.
• FBI: Drug Trafficking – Short explanation of how the FBI partners with the Drug Enforcement Administration and Organized Crime and Drug Enforcement Task Forces around the U.S. to combat drug trafficking.
• U.S. Immigration and Customs Enforcement (ICE): Drug Smuggling – Brief overview of how ICE combats drugs being smuggled over the border.
• United Nations Office on Drugs and Crime: Drug Trafficking: Discussion on recent trends in drug trafficking and production.
• Interpol: Drug Trafficking – Explanation of Interpol’s role in combating drug trafficking.

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