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 702-366-0891.