NRS 453.3395 – now repealed – was the Nevada drug trafficking law that forbade the possession, sale, manufacture or transportation of 28 grams or more of schedule II controlled substances in Nevada. This statue stated that:

“Except as otherwise provided in NRS 453.011 to 453.552, inclusive, a person who knowingly or intentionally sells, manufactures, delivers or brings into this State or who is knowingly or intentionally in actual or constructive possession of any controlled substance which is listed in schedule II or any mixture which contains any such controlled substance[.]”

For the current law, see our article on the Nevada crime of drug trafficking (NRS 453.3385).

Common schedule 2 include:

• cocaine
• methamphetamine
• Ritalin
• fentanyl
• codeine
• OxyContin
• Vicodin

Nevada’s penalty for trafficking schedule II drugs under NRS 453.3395 turned on the amount of drugs:

However, the following defenses could have reduced or dismissed NRS 453.3395 charges through a plea bargain:

• the defendant is the victim of false accusations,
• the defendant had no knowledge of the drugs,
• the drugs weighed less than 28 g, or
• the police conducted an illegal search and seizure

In this article, our Las Vegas criminal defense attorneys discuss the now-repealed Nevada crime of trafficking schedule II controlled substances. Click on a topic to jump to that section:

• 1. Definition
• 2. Schedule II drugs
• 3. Penalties
• 4. Defenses
• 5. Immigration consequences
• 6. Sealing records

1. Legal definition of trafficking schedule II drugs in Nevada

NRS 453.3395 made it a Nevada drug crime to traffic at least 28 grams of schedule II controlled substances (listed below in section 2).¹

Trafficking drugs is a broad term that encompasses knowingly and intentionally:

• possessing for personal use,
• possessing for the purpose of sale,
• transporting,
• selling,
• trading,
• giving, or
• manufacturing

As long as the amount of the schedule II drugs weighed at least 28 grams, any action a person allegedly took with the drugs qualified as trafficking.²

For information about the Nevada crime of trafficking schedule I drugs, scroll down to section 7.

2. Schedule II drugs

NRS 453.3395 charges applied when defendants allegedly trafficked any of the following schedule 2 substances:

• Dihydroetorphine
• Ethylmorphine
• Etorphine hydrochloride
• Granulated opium
• Hydrocodone (learn more about codeine laws)
• Hydromorphone
• Metopon
• Morphine
• Opium
• Oripavine
• Oxycodone (learn more about OxyContin and Vicodin laws)
• Oxymorphone
• Thebaine
• Coca
• Cocaine/crack (learn more about cocaine laws)

  

  Cocaine is a schedule II controlled substance in the U.S.
• Ecgonine
• Concentrate of poppy straw
• Alfentanil
• Alphaprodine
• Anileridine
• Bezitramide
• Bulk dextropropoxyphene
• Carfentanil
• Dihydrocodeine
• Diphenoxylate
• Fentanyl
• Isomethadone
• Levo-alphacetylmethadol
• Levomethorphan
• Levorphanol
• Metazocine
• Methadone
• Methadone intermediate
• Moramide intermediate
• Pethidine (meperidine)
• Pethidine intermediate A:
• Pethidine intermediate B
• Pethidine intermediate C
• Phenazocine
• Piminodine
• Racemethorphan
• Racemorphan
• Remifentanil
• Sufentanil
• Tapentadol
• Adderall (Amphetamine)
• Methamphetamine (learn more about methamphetamine laws)
• Phenmetrazine
• Ritalin (Methylphenidate)
• Concerta ((Methylphenidate)
• Vyvanse (Lisdexamfetamine)
• Amobarbital
• Glutethimide
• Pentobarbital
• Phencyclidine
• Secobarbital
• Nabilone
• Phenylacetone
• 1-phenylcyclohexylamine
• PCC
• ANPP³

3. Penalties for trafficking schedule II drugs in Nevada

The penalty for violating NRS 453.3395 depended on the amount of drugs in the case.

3.1. 28 grams to less 200 grams

Trafficking a schedule II substance in Nevada that weighs at least 28 grams but less than 200 grams was a category C felony. The punishment was:

• one to five (1 – 5) years in prison, and
• a fine of up to $50,000

3.2. 200 grams to less 400 grams

Trafficking a schedule II substance in Nevada that weighs at least 200 grams but less than 400 grams was a category B felony. The punishment was:

• two to ten (2 – 10) years in prison, and
• a fine of up to $100,000

3.3. 400 grams or more

Trafficking a schedule II substance in Nevada that weighs at least 400 grams was a category A felony. The punishment carried a fine of up to $250,000 as well as:

• life in prison with the possibility of parole after five (5) years, or
• fifteen (15) years in prison with the possibility of parole after five (5) years⁴

3.4. Plea bargains

In some cases, the D.A. was willing to reduce felony drug charge down to the “catch-all” misdemeanor drug charge called drugs which may not be introduced into interstate commerce (NRS 454.351). As a Nevada misdemeanor, the penalty carries:

• up to six (6) months in jail, and/or
• up to $1,000 in fines⁵

3.5. Federal penalties

Trafficking drugs is a federal crime in addition to a state crime. Depending on the case, a defendant may be prosecuted in either state court, federal court, or both.

The federal trafficking punishment depends on the specific controlled substance involved. Learn more about federal drug trafficking laws in Nevada (21 U.S.C. § 841).

4. Fighting charges for trafficking schedule II drugs in Nevada

Common defenses to charges of violating NRS 453.3395 included:

1. False accusations: Perhaps the defendant was falsely accused by someone out of anger or revenge. Evidence such as text communications, eyewitnesses, and video surveillance may be crucial in showing that the accuser lied;
2. No knowledge: The defendant committed no crime if he/she had no knowledge of the drugs’ existence.⁶ An example would be if the defendant’s roommate kept the drugs in their home without the defendant’s knowledge;
3. Insufficient amount: NRS 453.3395 charges applied only if the schedule II drugs — or the mixture the contained the drugs — weighed at least 28 grams.⁷ If the defense attorney could show the weight was less than 28 grams, the prosecutor would have needed to reduce the charge to a lesser offense; and/or
4. Illegal search: Any evidence found through an unlawful police search may be inadmissible. If the police may have broken the law, the defendant would file a motion to suppress evidence with the court. Then if the judge grants the motion and tosses the illegally-obtained evidence, the D.A. may be left with too weak a case to sustain a conviction.

In any event, the prosecution bears the burden to prove guilt beyond a reasonable doubt if the case goes to trial.

5. Trafficking drugs in Nevada is deportable

Trafficking controlled substances is an aggravated felony in Nevada and therefore a deportable offense.⁸ So if an alien got arrested for violating NRS 453.3395, their attorney should have negotiated with the D.A. in attempt to have the charges reduced to non-deportable offenses.

6. Sealing criminal records for trafficking schedule II drugs in Nevada

The waiting period to seal an old conviction of violating NRS 453.3395 depends on what class of felony the defendant was convicted of:

Note that if the trafficking charge got reduced to a gross misdemeanor, the waiting period is two (2) year after the case ends. And if the charge got reduced to a misdemeanor, the waiting period is one (1) year after the case ends.⁹

And as mentioned in the table above, defendants can pursue a criminal record seal right away if the charge got dismissed.¹⁰ Learn more about how to seal Nevada criminal records.

For more information contact our Las Vegas criminal defense attorneys.

¿Habla español? Más información sobre el crimen de Nevada tráfico de drogas.

Legal References