Trafficking in Controlled Substances (NRS 453.3385): Schedule I substance, flunitrazepam and gamma-hydroxybutyrate.
Trafficking is committed by 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 flunitrazepam, gamma-hydroxybutyrate or any Schedule I controlled substance, except marijuana, if the controlled substances involved is a specific quantity.
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 the Schedule I substance, flunitrazepam or gamma-hydroxybutyrate, if the quantity involved triggers a trafficking charge. Marijuana has its own specific trafficking statute.
The various penalties involved with the quantities that trigger trafficking are as follows:
- 4 grams or more but less than 14 grams, is a category B felony and a minimum prison term of not less than 1 year and a maximum term of not more than 6 years and by fine of not more than $50,000.
- 14 grams or more but less than 28 grams, is a category B felony and a minimum prison term of not less than 2 years and a maximum term of not more than 15 years and by fine of not more than $100,000.
- 28 grams or more is a category A felony and carries a prison term of life with the possibility of parole with eligibility for parole beginning when a minimum of 10 years has been served, or a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served and by fine not more than $500,000.
Trafficking is a serious charge that carries serious prison time and fines. Contact The Law Offices of Garrett T. Ogata for a free consultation on trafficking at 702-366-0891.