Possession of a Controlled Substance with Intent to Sell, including Marijuana, in Las Vegas, Nevada is a Felony. To be clear, you do not need to actually sell or make an attempt to sell the drugs in your possession; merely having the “intention” to sell is enough to be charged. It is the burden of the prosecutor to prove, not only you possessed the controlled substance, but you intended to sell it.
There are several ways in which a prosecutor will attempt to prove you intended to sell the controlled substance, instead of possess it, simply for personal use. For example, if Billy entered Wet Republic, a day club pool party here in Las Vegas at the MGM Grand, and was caught with ten Ecstasy pills, he would have committed the offense of Possession of Controlled Substance. But, in order to charge him with intent to sell, the prosecutor would need to prove some other factors. If Billy had each of those ten Ecstasy pills in individual baggies, and a wad of cash, the prosecutor would argue that he placed those pills in their own packaging for the purpose of selling to multiple people. Other factors that would be relevant is the amount of drugs found, devices to test or weigh the drugs, and text messages from your phone indicating your intention to sell the controlled substance.
Depending on the facts and circumstances of your case, a conviction of Possession of Controlled Substance with Intent to Sell in Las Vegas can land you in prison anywhere from 1-15 years and a fine of up to $20,000. Many factors go into the defense and a resolution of a Possession of Controlled Substance with Intent to Sell offense, and it is imperative to hire an experienced Criminal Defense Attorney who has defended these charges multiple times which resulted in dismissals, a reduction of charges and drug treatment without jail. 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 with Intent to Sell charge and work towards a dismissal or reduction to a lesser non drug related charge and help you avoid prison.