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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.
Drug paraphernalia is any equipment, product, material, or object of any kind that is used to introduce an illegal controlled substance into a person’s body. According to NRS 453.554, this is done by planting, cultivating, growing, propagating, harvesting, manufacturing, compounding, preparing, testing, converting, analyzing, packaging, producing, repackaging, storing, containing, injecting, ingesting, concealing, or inhaling the substance.
Possession of drug paraphernalia, such as blunt wraps or grinder parts, is a misdemeanor in Nevada. Conviction of this drug crime may result in significant penalties, including fines and/or imprisonment. As a result, it’s critical to hire an experienced Las Vegas drug paraphernalia possession defense attorney to identify any mitigating circumstances that may apply to your case to assist you avoid the most severe penalties for your alleged crime. Contact the Spartacus Law Firm today for a free consultation and to learn more about how we can help.
Drug paraphernalia is a broad term used to refer to any type of:
A bong is an example of this. Tiny plastic bags or “baggies” are also a frequent example of a product frequently linked with narcotics and drug use. The difficulty with drug paraphernalia charges in Nevada is that not all of it is prohibited. In general, drug paraphernalia becomes unlawful only after it is used for any unlawful purpose. Many convenience stores, for example, sell rolling papers. These were designed to make rolling one’s own cigarettes easier in the past. Nowadays, they are mostly used to wrap marijuana joints.
It’s worth noting that if someone is discovered to be in possession of drug paraphernalia in Nevada, it does not necessarily indicate that they are breaking any laws. They may escape legal difficulties if they are not using the paraphernalia illegally. However, certain specific types of drug paraphernalia are considered illegal because of their true components. An example of this would be how possession of heroin needles immediately violates the law, regardless of whether any traces of the drug can be found in the needle. Since cannabis legalization in Nevada in 2017, it is no longer illegal to possess cannabis paraphernalia, such as bongs. Some other examples of paraphernalia that are still illegal in the state of Nevada include:
A conviction for possession or sale of drug paraphernalia in Nevada is not as severe as drug possession with the intent to sell charges, but it can result in harsh criminal penalties. Because marijuana use is now accepted in Las Vegas, and marijuana charges have lightened, cannabis accessories such as bongs, roach clips, and marijuana-related pipes are now permissible.
Possessing or using drug equipment is a misdemeanor charge that may result in six months of jail time and a maximum $1,000 fine. In contrast, manufacturing, selling, or possessing with the purpose to sell any drug equipment is a felony crime. The court has broad discretion when evaluating whether an item is used as drug paraphernalia; it may look at the following elements:
The prosecution must show that the defendant had control over something, regardless of whether he or she exercised it. Constructive possession implies having three things in mind:
Depending on the drug paraphernalia case, potential defense strategies to fight Nevada criminal charges include the following:
Drug paraphernalia possession charges in Nevada can be sealed from your record, but there is a waiting period depending on the circumstances of your charges.