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Attorney Chandon S. Alexander is a Las Vegas lawyer who is an active member of the National Trial Lawyers Association and has been recognized as one of the Top 10 Attorneys under 40. He is a member of the Clark County Bar Association, American Bar Association, and the Nevada Justice Association.

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Drug Possession With Intent To Distribute

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Drug Possession With The Intent To Sell In Las Vegas

In Nevada, possessing a controlled substance is prohibited, and the potential penalties can be much more severe if an accused person is accused of having illegal drugs with the aim of selling them. When law enforcement catches suspects with quantities of controlled substances insufficient to merit drug trafficking charges, they are frequently charged with possession with the intent to distribute.

It is sometimes more difficult for prosecutors to prove that someone had the intent to sell a little amount of a controlled substance than it is to establish that someone intended to sell a large amount of an illegal drug. In these instances, prosecutors are frequently compelled to rely on other types of proof to support the allegations. If you’re facing drug possession with intent to distribute charges in Las Vegas, it’s critical that you speak with an experienced drug defense attorney as soon as possible.

Proving Intent To Distribute A Controlled Substance In Nevada

When a person is accused of selling drugs in Nevada, the prosecutor must show that he or she had the intention to sell it. The term “mens rea,” which comes from Latin and means “guilty mind,” is one of the most difficult hurdles for any prosecutor to overcome in order to win a conviction.

In most cases, prosecutors will use other facts or evidence in the case to back up their allegation that the person accused of possessing an illegal drug intended to sell it. Prosecutors will frequently utilize a variety of proof to prove intent to distribute charges, including:

Alleged Offender Had A Large Amount Of Cash

When a person arrested for carrying illegal drugs is also found to have a large sum of money, the prosecutors will claim that this is evidence of prior sales.

The Way The Drugs Were Packaged

Controlled substances in smaller, more precise amounts are typically interpreted as proof of intent to sell them by prosecutors.

Drug Paraphernalia

Baggies, scales, or other objects might be used as evidence of an alleged offender’s possession being part of an alleged offender’s plan to weigh and package illicit drugs for sale by prosecutors.

The Location Of The Arrest

When an individual is arrested in a certain region of Las Vegas, which police claim is the location of many drug possession arrests, prosecutors may argue that he or she was there specifically to sell narcotics.

Text Or Other Electronic Messages

If a defendant’s phone includes any recent conversations about the sale of a controlled substance, prosecutors will submit these communications as evidence of the defendant’s intent to distribute one.

Guns, Firearms, Or Other Weapons

Prosecutors will argue that an alleged offender was carrying a firearm or other weapon for personal protection because drug deals and the areas where they occur can be hazardous. If you’re facing illegal firearms charges in Nevada, contact the Spartacus Law Firm right away.

Penalties For Drug Possession With Intent To Sell In Nevada

Possession of an illicit drug with the objective to sell is punished in Nevada according to the controlled substance’s classification and the accused individual’s prior criminal history. In Nevada Revised Statute § 453.337, a conviction for possessing flunitrazepam (also known as Rohypnol or “roofies”), gamma-hydroxybutyrate (also known as gamma-Hydroxybutyric acid, GHB, or “G”), or any other controlled substance classified in schedule I or II is punishable by imprisonment for not more than five years OR a fine of not more than $5,000.

  • First Offense — Category D felony punishable by up to four years in prison and/or a fine of up to $5,000;
  • Second Offense — Category C felony punishable by up to five years in prison and/or a fine of up to $10,000; or
  • Third or Subsequent Offense — Category B felony punishable by up to 15 years in prison and/or a fine of up to $20,000.

According to NRS 453.338, if an accused person has in his or her possession for the purpose of sale any drug listed in schedule III, IV, or V and is convicted, he or she will be sentenced as follows:

  • First or Second Offense — Category D felony punishable by up to four years in prison and/or a fine of up to $10,000; or
  • Third or Subsequent Offense — Category C felony punishable by up to five years in prison and/or a fine of up to $10,000.

It’s critical to comprehend that if an individual is alleged to have possessed 4 grams or more of flunitrazepam, gamma-hydroxybutyrate, or any other controlled substance classified in schedule I, 28 grams or more of any controlled substance classified in schedule II, or 50 pounds or more of marijuana or concentrated cannabis with the intent to sell them, he/she will be charged with drug trafficking. If you’re facing drug possession with intent to sell charges in Las Vegas, speak to a qualified criminal defense attorney right away.

Defenses to Possession with Intent Charges

For charges of possessing a prohibited drug with the intent to sell, both possession and intent to distribute must be established. Police frequently employ various strategies to suggest that the individual intended to sell the substance. If an individual is discovered to be in possession of a large amount of marijuana, scales, baggies, and money, police may claim that the person intended to use the drug paraphernalia for weighing and packaging the substance before a sale.

Challenging the intent aspect of the charge may be a good approach to have charges lowered or dismissed. If the prosecution cannot establish that the individual not only had the substance but also intended to distribute it, he or she could have charge him or her with simple possession instead. Although this is still a serious allegation, the penalties might not be as severe. Furthermore, an experienced drug defense lawyer may dispute that the accused individual had actual or constructive control over the substances. If it is shown that the suspect did not have control of the substance, he or she may be able to have the charges dropped. Having legal counsel with experience can make all the difference.

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Frequently Asked Questions

What Is The Definition Of “Possession For Sale” In Nevada?

Possession for sale is defined as having a controlled substance with the intention of selling it. As a result, people are convicted under NRS 453.337 and NRS 453.338 for attempting to sell drugs that have not yet occurred and may never occur. Possession for sale, like possession for purpose of sale, is known as “possession of a prohibited item with the intent to sell it,” or PCSWITS — short for possession of a controlled substance with the aim of selling it.

How Do Prosecutors Prove “Intent To Sell”?

The District Attorney uses circumstantial evidence to prove that a defendant intended to sell drugs. The following are six examples of “intent to sell” indicators:

• The defendant kept the drugs in “ready-to-sell” pre-measured portions in separate containers or baggies.
• The defendant was armed, most likely to defend oneself if the drug transaction went sour.
• The defendant had a large quantity of drugs, far beyond what the average user has.
• The defendant was not high, and he or she did not have any drug paraphernalia, which would support the hypothesis that he or she was a seller rather than a user.
• The defendant carried a lot of cash, especially little bills, which might suggest unlawful transactions.
• The defendant was discovered in a known drug dealing location.

Whether a person intends to sell drugs is difficult to establish in court, as no one fact is sufficient on its own. They all have innocent explanations. However, police authorities utilize these indicators to determine whether or not to arrest a suspect for personal use or sale of drugs.

Can The Possession With Intent To Sell Charges Be Dismissed?

In exchange for not going to trial, prosecutors in drug-related cases frequently are prepared to negotiate a plea bargain. If the defense attorney can prove that the state’s case is shaky,Prosecutors may accept to drop a possession for sale charge. Prosecutors may also consent to reduce the charge to possession for personal use. A first-time offense is typically a category E felony, with no jail time. Prosecutors have the option of reducing the charge down to a misdemeanor under NRS 454.351 if they choose. As long as the defendant fulfills all of the sentencing conditions, such as community service, the court will not send him/her to jail.

Drug Possession With Intent To Sell Charges In Las Vegas? We Can Help

Are you facing drug possession with intent to distribute charges in Las Vegas, Nevada? Without the aid of a competent criminal defense attorney, you could face life-altering penalties. Don’t leave your future up to chance. Contact the Spartacus Law Firm today for a free consultation and to learn more about how we can help represent your case.