Unlawful Possession of a Controlled Substance For Sale
It is illegal for a person to have unlawful possession controlled substance for purposes of sale. If it can be proven that the person had possession and had the intent to sell, then one can be charged with possession with the intent to sell.
Similar to possession of a controlled substance (NRS 453.336), the person must have possession through actual, constructive or joint possession. Possession usually includes drugs on you, at a location you have control over, or jointly with someone else if you share control or ownership of the controlled substances.
Prosecutors will also have to prove that the person had the intent to sale. The prosecutors will use any facts, such as baggies, quantity, large amounts of cash, weapons, or anything else they think someone who was selling drugs would have and use in order to prove one had the intent to sell.
Possible defenses can include that the drugs were not in your possession and/or you never had the intent to sell the drugs. It may be possible to file a pretrial motion to suppress any evidence if your rights were violated. It is important to consult with an attorney to discuss all possible penalties and defenses.
Depending on the schedule of the drug and the amount, the penalties will vary. Contact The Law Offices of Garrett T. Ogata, drug charges attorney, to discuss your unlawful possession case at 702-825-7856.
Trafficking
Trafficking in Controlled Substances: Marijuana NRS 453.339
Nevada’s marijuana trafficking law prohibits a person who knowingly or intentionally sells, manufactures, delivers or brings into this state or who knowingly or intentionally in actual or constructive possession of marijuana. Think of this as a prohibition against all stages marijuana’s commercial life cycle. It is also prohibits and provides greater penalties for possession of large amounts of marijuana. Prosecutors will have to prove that one knowingly or intentionally sells, manufactures, delivers, or brings into the state of Nevada or one knowingly or intentionally had actual or constructive possession of marijuana.
The amounts of the marijuana trafficking will trigger the following penalties:
100 pounds or more, but less than 2,000 pounds is a category C felony and a minimum 1 year to a maximum 5 year prison sentence and by a fine of not more than $25,000
2,000 pounds or more , but less than 10,000 pounds is a category B felony and a 2 year minimum to a maximum 10 year prison sentence and by a fine not more than $50,000
10,000 pounds or more is a category A felony and a life sentence with possibility of parole beginning at a minimum 5 years served or a definite 15 years with parole beginning at 5 years served and by a fine of not more than $200,000
Trafficking is not a charge to take lightly because it carries serious prison terms and fines. Contact The Law Offices of Garrett T. Ogata for a consultation for trafficking marijuana or other controlled substances at 702-825-7856.
Penalties
The Penalties for controlled substances include:
- First or second offense is a category E felony with a minimum 1 year to a maximum 4 year prison sentence, however, probation and jail of less than 1 year may be possible.
- Third and subsequent offense is a category D felony that carries a minimum 1 year and a maximum 4 year prison sentence and may include a fine up to $20,000
- If it is a first offense schedule V drug (e.g. Opium, Codeine) it is a category E felony, but it may be possible to enroll in “Drug Court” and receive a dismissal if successfully completed.
- For a second or subsequent schedule V offense, it is a category D felony.
- If charged with flunitrazepam or gamma-hydroxybutyrate (e.g. date rape drug), a category B felony will be imposed and a minimum prison sentence of 1 year to a maximum 6 years.
Penalties for possession of marijuana are:
- First offense of 1 ounces or less of marijuana is a misdemeanor and a fine of $600 or possible treatment
- Second offense is a misdemeanor and a fine not more than $1000 or possible treatment
- Third offense is a gross misdemeanor and possible jail up to a year and/or fine not more than $2000
- Fourth or subsequent offense is a category E felony
As one can see, a charge of possession can be quite serious. Additionally, if there are certain quantities of controlled substances, it may be a higher penalty and a felony of possession controlled substance with intent to sell or even a higher penalty of trafficking of a controlled substance. The law does treat marijuana differently from other controlled substances.
It may be possible, depending on your case, to get a dismissal, reduce the charges, or avoid jail time. Contact the Law Offices of Garrett T. Ogata, an experienced drug charges attorney, for a free consultation to explain your charges and possible defenses for possession of controlled substances at 702-825-7856.
Many ‘DUI defense’ lawyers in Las Vegas are not knowledgeable in the area of DUI involving drugs. DUI Drugs is very serious and in many circumstances people are charged with felony, “Under the Influence Controlled Substance” charge. In DUI drug cases, the prosecution must prove that the person was actually under the influence of drugs at the time of driving. The police attempt to implement a Drug Recognition Program to try to verify that the person was actually under the influence at the time of driving. However, there are many complex and influencing factors that makes identifying that the person was under the influence of drugs very difficult. As a NHTSA (National Highway Traffic Safety Administration) trained DRE (Drug Recognition Expert), Garrett T. Ogata has the insight, knowledge and training to defend against these serious charges.
