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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.
According to NRS 453.3385, drug trafficking is defined as knowingly or intentionally selling, manufacturing, or bringing controlled substances into Nevada. Any schedule I drug or schedule II drugs other than marijuana charges or being in actual or constructive possession of four grams or more of a schedule I or schedule II drugs.
Schedule I drugs, such as heroin, LSD, mescaline, MDMA (ecstasy), and methaqualone, have a high potential for abuse with no proven medical use. Schedule II drugs include methamphetamine, oxycodone, methadone, Dilaudid, and Vicodin. The sentence for drug trafficking depends on the amount of schedule I and schedule II substances involved.
The Nevada drug trafficking law also covers certain club drugs, such as flunitrazepam (also known as Rohypnol, gamma-hydroxybutyrate (GHB), or any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor) and ketamine. Depending on the quantities of drugs involved, a conviction for trafficking these controlled substances can result in several years in prison and hefty fines.
If you’re facing drug trafficking charges in Las Vegas, Travis County, or the state of Nevada, contact the Spartacus Law Firm right away. Our experienced Las Vegas drug trafficking defense attorney will make every effort to help you avoid the most serious penalties related to your alleged offense. Controlled substances commonly trafficked in Las Vegas can include illegal drugs, street drugs, chemicals, man-made substances, and prescription pills, such as:
Nevada’s drug laws have been completely revised. The new regulations additionally include significant changes in potential drug penalties. In addition, the revised legislation establishes distinct sentences for various weight thresholds of various controlled substances. Prior drug laws had varying sentencing requirements for schedule I and II controlled substances, whereas the penalties are now identical for both types of drugs. The following are the new weight levels and possible punishments under the amended legislation:
What factors influence whether a drug is designated as a schedule I, V, or somewhere in between? The Comprehensive Drug Abuse Prevention and Control Act of 1970 created five “schedules” for controlled substances. Congress established the initial list of drugs on each of the five schedules, but it’s primarily the Drug Enforcement Administration (DEA) and Food and Drug Administration (FDA) who make that decision now. The goal of any given substance’s placement within a particular schedule is to assess the substance’s “possibilities for abuse” and whether it has any recognized, authorized, or medicinal purposes.
In Nevada, the scheduling of medicines is governed by the Nevada State Board of Pharmacy, and a specific list is maintained in Chapter 453 of the Nevada Administrative Code, which is based on the classifications established by the federal government. There are five separate “schedules” for medications, with the first two only applicable to drug trafficking. The term “schedule” simply refers to a list. When determining where a medication belongs, the Board considers a variety of criteria.
The only substantive distinction between Possession of a Controlled Substance and Trafficking in a Controlled Substance is the sort and quantity of drugs involved.
For the purpose of drug trafficking, Schedule I and II substances, as well as those that include Flunitrazepam (Roofies) or Gamma-Hydroxybutyrate (GHB), are included. This means that even if a person has a large amount of any substance or drugs listed in Schedules III, IV, or V, they would not be charged with trafficking. They might still be charged with other offenses such as Possession of a Controlled Substance or Possession of a Controlled Substance for Sale. The lines can often be blurred in these types of drug cases, that’s why it’s highly recommended that you work with a skilled Las Vegas drug trafficking defense attorney as soon as you’ve found out that you’re being charged.
Drug trafficking charges in Nevada are similar to drug possession charges in that it requires you to prove other people possessed the drugs you’re accused of having. If the prosecutor can’t show how you had the drugs, you can’t be convicted. Possession may be actual or constructive.
Actual means the illicit substances are on your person somewhere; “constructive possession,” on the other hand, implies that you exercised dominion and control over them. You might face drug trafficking charges in Nevada if authorities find illegal substances in your bedroom or automobile, for example, based on a theory of constructive possession. The phrase “constructive possession” refers to when more than one person has access to illicit substances at the same time. This is frequently employed to charge numerous people in a property or vehicle with drug possession or trafficking. Even if you were not aware that drugs were in your car or in your house, you cannot be considered constructive possessors of those substances.
The quantity of a controlled substance is also relevant in the defense of drug trafficking charges in Nevada. As previously stated, the only distinction between possession and trafficking as far as what the prosecutor must show is the amount and type of drug. However, proving that the drugs were genuinely that much may be difficult for the prosecution.