Without drug paraphernalia, people cannot manufacture, transport, and use the substances themselves. This is the very reason why drug paraphernalia are also outlawed in Nevada.
According to Las Vegas and the State’s drug laws, if you are caught with kits and other equipment used to create drugs or to introduce drugs into the body, even with the absence of the drug itself, you can be penalized. Read further to learn the drug paraphernalia definitionand to know what is considered drug paraphernaliain Nevada.
Drug paraphernalia definition
An equipment, product, or material is considered as drug paraphernalia when they are used for planting, cultivating, harvesting, packaging, storing, ingesting, injecting, and inhaling drugs among others.
The Nevada Revised Statutes 453.554 provided a thorough list of what items can be considered as drug paraphernalia. Below are a few of the items mentioned.
- Isomerization devices
- Separation gins
Hypodermic syringes, needles, and other instruments used to dispense drugs through subcutaneous, intramuscular or intravenous is not included. This is because the Syringe Access Bill was enacted to help people buy syringes in case of emergency and be out of potential legal obligation.
For the full list, you can read the NRS Section here.
Despite this, the Nevada court will still look into other factors to see if anything discovered on your person or in your home can be treated as drug paraphernalia or if it is just a plain old item that happens to be within the place of arrest. The factors include:
- Statements by the owner or anyone found in control of the item
- Prior convictions
- The proximity of the object to controlled substances
- Residue of controlled substances found in the item
- Other direct or circumstantial evidences
Penalties according to drug paraphernalia laws
Like we said, possessing drug paraphernalia even without the existence of drugs can mean an arrest and eventual conviction in Nevada. You will be sentenced with a misdemeanor charge if the items found in your possession are considered as drug paraphernalia which has up to six months in jail and fines of $1,000 as penalties.
To curb drugs, the State of Nevada is also vigilant against the tools that are used to administer them. If you are currently battling violation of drug paraphernalia lawsand you believe that the item confiscated from you is far from being one, let your voice be heard through the help of a criminal defense lawyer.