Possession of a Controlled Substance, with the exception of Marijuana is a Felony in Las Vegas, Nevada. Some common examples of controlled substances are: cocaine, heroin, marijuana, ecstasy, methamphetamine, hydrocodone, steroids, valium, and Xanax.

Under the law there are two types of possession.  First, you have, “actual” possession, where the drugs are in your pocket or purse, or located somewhere on your “person”.  Another type of possession is, “constructive” possession.  For example, if you were inside a restaurant having dinner, and the police saw a baggie of cocaine inside your vehicle, you don’t actually possess the cocaine at that moment, but you will be charged with Possession of Controlled Substance just the same, because you are deemed to have “constructive” possession of your car and everything inside it.

As of July 1, 2020, the penalties for drug possession in Nevada have changed significantly. Under current Nevada law, Possession of a Controlled Substance under 14 grams for a 1st and 2nd offense will be charged as a Category E Felony, a third offense for would be charged as a Category D Felony. If a defendant is accused of possessing 14 grams of a controlled substance but less than 28 grams, he will be charged with a Category C Felony and will face 1-5 years in prison, if the amount of controlled substance is 28 grams but less than 42 grams, the potential sentence is  1-10 years. Lastly, if the amount of controlled substance alleged is 42 grams but less than 100 grams, the potential sentence is 2-15 years.

Las Vegas Criminal Defense Attorney Michael A. Troiano is experienced in defending his clients for a variety of drug charges, ranging from a first time possession of drugs and/or paraphernalia charge, to the most serious of Trafficking offenses.  He will discuss all possible defenses on your Possession of Controlled Substance charge and work towards a dismissal or reduction to a lesser non drug related charge and help you avoid prison.