Category Archives: Heroin

Different Types of Controlled Substance Possession in Nevada

Owning or holding on to what Nevada considers as a controlled substance without proper prescription leads to a drug charge in Nevada. According to the Nevada Revised Statutes, a person who “knowingly or intentionally possesses a controlled substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician…” is guilty of certain punishments according to the type of controlled substance discovered. Read further for more information.

 

Types of substance possession

When arrested for possession of controlled substance, your drug chargeswill be classified into one of these certain nature of offenses:

 

1.  Actual possession of narcotics

This is the most common form of possession: when the substance is actually found on you, usually anywhere on your body, the clothes you are wearing, and the packs that you are carrying.

 

2.  Constructive possession of narcotics

This is when the controlled substance is found in a place that you own or have control over such as a house, a vehicle, and even rented storage areas.

 

3.  Joint possession of narcotics

It is joint possession of narcotics when two people share control of illegal drugs. Note that it does not matter whether you are using or not. The mere fact that you have knowledge that drugs are being stored by your friend on an area that you also own is an offense in Nevada.

 

Possession of drug charges

Like we said, penalties of a drug chargedepend largely on the Schedule of the drugs found on you.

 

Schedules I, II, III, IV

For a first and second offense on these schedules, a person will be imposed of category E felony in Nevada. One to four years in prison and a fine of not more than $5,000 are some of the punishment that category E felony entails. A third offense is a category D felony and apart from the fines that it entails, an additional $20,000 might be added.

 

Schedule V

Similar to the other Schedules, the first and second offense of this schedule is a category E felony while a third offense is also a category D felony but without added fines.

 

Marijuana

Anyone who is discovered of possessing one ounce or less or marijuana is guilty of misdemeanor for first and second offense. Gross misdemeanor for third offense and category E felony for fourth offense.

 

Possessing controlled substance is closely monitored and harshly penalized in Nevada as without doing so, a lot of people can long and ultimately be dependent on drugs. If faced with drug chargesin Nevada, know that you can fight for your freedom especially if the arrest was unlawful and the overall case is fabricated to suit a plaintiff’s accusations. Consult a drug defense lawyer today.

What Items are Considered as Drug Paraphernalia in Nevada?

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
  • Blenders
  • Bowls
  • Containers
  • Spoons
  • Capsules
  • Pipes
  • Bongs

 

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.

DUI and Heroin

Attorney Ross Goodman
520 S 4th St,
Las Vegas, NV 89101
Phone: (702) 383 – 5088
Fax: (702) 385 – 5088

heroin

Heroin is one of the prohibited substances under the Nevada Revised Statutes. A minuscule amount of heroin in the person’s blood can get him or her arrested, even if the person appears to be driving safely. Its effect scan be felt around 5 – 10 seconds when injected and 10 – 15 minutes when snorted. The effects can last between 3 to 5 hours.


Here are the effects of Heroin that can affect the driving capabilities of a person:

  • It slows down brain activities – the ability to respond to fast paced situations is greatly diminished. Examples of faced paced situations are: when a child unexpectedly crosses the street, a sudden burst of tires, accidentally losing control of the vehicle such as a slip, etc.
  • Severe drowsiness – this is the common cause of most DUI-related incident. A person who is under the influence of heroin can experience severe drowsiness. This can lead to several episodes of “micro-sleep”, which can last from a fraction of a second up to 30 seconds at most. During a micro-sleep, a person loses consciousness and the ability to perceive external stimuli. This is extremely dangerous while driving, as the person would continue to step on the gas pedal under an episode of micro-sleep.
  • Nausea and Vomiting – The person may vomit “unexpectedly” when under the influence of heroin. A person loses body control during vomiting. The person may accidentally slam on the brakes or the gas pedal when a vomit occurs.
  • A person is unaware that his/her driving skill is impaired – The person might think that he/she is being careful enough, but may do the opposite. Alternatively, the person may be confident of his/her driving skills. The person may fail to notice his or her driving speed and reaction time,.

The effects of heroin may vary from person to person. It is difficult to predict the exact duration and the intensity of its effect.

If you are charged with Driving Under the Influence or Driving While Intoxicated in Las Vegas,  do not waste your time. Cases such as these requires immediate legal consultation, as its penalties are harsh. Attorney Ross Goodman is the number 1 Las Vegas DUI Attorney. He can provide you with free legal consultation, can lessen the penalties or have your case dismissed.

Image in courtesy of DEA.gov