"OxyContin" and "Vicodin" laws in Nevada


Prescription painkillers OxyContin (oxycodone) and Vicodin (hydrocodone) are schedule II controlled substances. Any unlawful use, possession, or sale in Nevada is a felony. But criminal charges can possibly be plea-bargained down to a misdemeanor or dismissal.

Below our Las Vegas criminal defense lawyers answer frequently-asked-questions about OxyContin and Vicodin crimes in Nevada.

Lortab
Hydrocodone is also marketed under the brand Lortab.

1. What are the penalties for OxyContin or Vicodin crimes?

The more serious the charge, the more extensive the prison term and fine.

Nevada OxyContin or Vicodin crime

Sentence

Possession for personal use (NRS 453.336)

1st or 2nd convictions

Category E felony:

  • 1 – 4 years in Nevada State Prison (the court may grant probation or a suspended sentence); and
  • Up to $5,000 (at the judge's discretion)

Defendants eligible for Drug Court (rehab) may be able to get the charge dismissed.

3rd or successive convictions

Category D felony:

  • 1 – 4 years in prison; and
  • Up to $5,000 (at the judge's discretion)

Possession for sale (NRS 453.337)

1st conviction

Category D felony:

  • 1 – 4 years in prison (the court may grant probation or a suspended sentence); and
  • Up to $5,000 (at the judge's discretion)

2nd conviction

Category C felony:

  • 1 – 5 years in prison; and
  • Up to $10,000 (at the judge's discretion)

3rd conviction or successive convictions

Category B felony:

  • 3 – 15 years in prison; and
  • Up to $20,000 (at the judge's discretion)

Selling, giving away, transporting, or manufacturing (NRS 453.321)

1st conviction

Category B felony:

  • 1 – 6 years in prison (the court may grant probation or a suspended sentence); and
  • Up to $20,000 (at the judge's discretion)

2nd conviction

Category B felony:

  • 2 – 10 years in prison; and
  • Up to $20,000 (at the judge's discretion)

3rd or successive convictions

Category B felony:

  • 3 – 15 years in prison; and
  • Up to $20,000 (at the judge's discretion)

Trafficking (NRS 453.3385)

(The highest prescription dosage of Oxycontin is 160 mg. pills. It would take 175 tablets to make 28 grams.)

28 grams to less than 200 grams

Category C felony:

  • 1 – 5 years in prison; and
  • Up to $10,000 (at the judge's discretion); and
  • An additional fine of up to $50,000

200 grams to less than 400 grams

Category B felony:

  • 2 – 10 years in prison; and
  • Up to $100,000

400 grams or more

Category A felony:

  • 15 years or life in prison (with the possibility of parole after 5 years); and
  • Up to $250,000

Being under the influence (NRS 453.411)

Category E felony:

  • 1 – 4 years in prison; and
  • Up to $5,000 (at the judge's discretion)

Courts typically grant probation for a first-time defendant.1

2. What are the defenses?

Three common arguments to fight OxyContin or Vicodin charges are:

  1. No knowledge that the drugs were there.2 Maybe someone planted the drugs in the defendant's residence or vehicle. Or perhaps the defendant's roommate possessed the drugs without telling the defendant. If the prosecutor cannot show the defendant was aware of the drugs, the case should be dropped.
  2. Police entrapment. Law enforcement is allowed to go undercover, conduct stings, and lie to suspects. But they cross the line if they threaten or otherwise force suspects into breaking a law they were not predisposed to break. Defendants who were deceived by police may be able to raise the entrapment defense and get the charge dismissed.3
  3. Unconstitutional search and seizure. Police are required to conduct their searches within the bounds of the Fourth Amendment. If the police overstep their bounds, defendants may ask the judge to suppress any illegally-obtained evidence. If the court grants the "motion to suppress," the D.A. may be unable to prove guilt beyond a reasonable doubt.
OxyContin
OxyContin is referred to as "hillbilly heroin," particularly when it is snorted or injected.

3. Can the record be sealed?

Usually, yes. But there may be a wait.4

Nevada OxyContin or Vicodin conviction

Record seal waiting period

Misdemeanor

1 year after the case closes

Category E felony

2 years after the case closes

Category D felony

Category C felony

Category B felony

5 years after the case closes

Category A felony

10 years after the case closes

Dismissal (no conviction)

Right away (no wait)

Learn about how to petition for a Nevada criminal record seal.

4. Are there immigration consequences?

Non-citizens convicted of any drug crime related to OxyContin or Vicodin face deportation.5 Immigrants should hire an experienced attorney as soon as possible to try to get the charges dismissed.

5. Related offenses

See our articles on:

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Call our Las Vegas criminal defense attorneys at 702-DEFENSE for a FREE consultation today.

Arrested? Call us...

Are you facing charges for an OxyContin- or Vicodin-related offense in Nevada? Our Las Vegas criminal defense lawyers can discuss your case with you for free. Phone 702-DEFENSE (702-333-3673) right now. We might be able to get the D.A. to reduce or drop your charges.

Also see our article on DUI of Vicodin in Nevada.

In California? See our article on California Vicodin laws

In Colorado? See our article on Colorado Vicodin laws and Colorado OxyContin laws.


Legal References:

  1. NRS 453.336; NRS 453.337; NRS 453.321; NRS 453.3385; NRS 453.441.
  2. Sheriff, Humboldt County v. Gleave, 104 Nev. 496, 761 P.2d 416 (1988).
  3. NRS 179.255; NRS 179.245.
  4. 8 U.S.C. 1227(a)(2)(B).

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