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. Although Marijuana is classified as a Schedule I Controlled Substance, you can only be charged with a Misdemeanor if you possess less than one ounce of Marijuana and it is only a first or second time being charged. A third Marijuana offense is a Gross Misdemeanor and you would face up to one year and jail. A fourth time Marijuana possession offense is a Felony and you would face 1-4 years of prison.
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.
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.