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.
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.
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.