"Under the Influence of a Controlled Substance"

Las Vegas, Nevada Laws

It's a serious crime to not only possess or sell drugs but also to use or be under the influence of drugs in Nevada. So if a cop finds you with no drugs on your person but you're allegedly "high," you can still face a felony conviction that will mar your criminal record and may hinder your employment prospects in the future.

Keep reading to learn about the Nevada crime of being under the influence of drugs. If you've been arrested, then contact our Las Vegas criminal defense lawyers at 702-DEFENSE (702-333-3673) for a free consultation on how we may be able to get your charges dropped or lessened to something minor.

Definition

The legal definition of "unlawful use of controlled substance" in Las Vegas, Nevada (NRS 453.411), makes it "unlawful for a person knowingly to use or be under the influence of a controlled substance except in accordance with a lawfully issued prescription or when administered to the person at a rehabilitation clinic established or licensed by the Health Division of the Department, or a hospital certified by the Department."

In other words, it's illegal to take drugs or to be "under the influence" of drugs without a legal prescription. It doesn't matter whether you're in public or not . . . if you exhibit any behavior that's caused by drugs, you may be charged with the crime of "unlawful use of a controlled substance" in Las Vegas.

Note that this crime is separate and different from the Nevada offense of driving under the influence of drugs. With DUIs, you can still be convicted even if you're not technically "under the influence" as long as your blood exceeds the minimal levels of certain types of drugs.

Defenses

Nothing's more frightening than being arrested for a drug crime in Nevada. But in many of these cases your attorney may be able to plea bargain with the prosecutor so that you submit to a much lesser crime or have your charges dismissed completely. The following are just some defenses your defense team may consider using when negotiating your case:

• No knowledge. If someone slipped you a drug without your knowledge or you took a drug by accident, then you can't be convicted of using or being under the influence of a controlled substance in Nevada.



• Prescription. If a doctor issued you a legal prescription for the drug, then you may use it in accordance with the prescription without breaking Nevada law.



• Legal drug. If the drug is not classified in any of the five drug schedules, then you can't be found guilty of violating NRS 453.411.

Penalties

The punishment for a violation of the Las Vegas offense of being under the influence of a controlled substance depends on the classification of the drugs involved, which range from Schedule I (the most potential for abuse, such as Ecstasy) to Schedule V (the least potential for abuse, such as Robitussin A-C)

Schedules I, II, III, IV

If the drug is categorized as either schedule I, II, III or IV, then a conviction for using or being under the influence of the drug is a category E felony in Nevada, carrying 1 to 4 years in Nevada State Prison. However, this crime is often probationable.

Schedules V

If the drug is categorized as a schedule V, then a conviction for violating NRS 453.411 carries a sentence of up to one year and maybe a $1,000 fine.

Arrested? Call . . . .

If you've been accused of being under the influence of drugs in Nevada (NRS 453.411), there's a chance we may be able to negotiate with prosecutors to have your charges reduced if not dismissed completely. Call our Las Vegas criminal defense lawyers at 702-DEFENSE (702-333-3673) for a free consultation to discuss your options.

• If you were arrested in California, learn about California "Under the Influence of Drugs" laws (Health & Safety Code 11550 HS)

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