In this section, our attorneys explain Nevada’s criminal laws and legal concepts, A to Z
The judge may not suspend or defer the minimum sentence. Defendants also face fines for the costs of the investigation and prosecution of the case.3
How do you fight federal drug possession charges?
Five common defenses to a drug possession charge for personal use include:
- The defendant had no joint possession, actual possession, or constructive possession of the drugs.
- Someone planted the drugs on the defendant or at his/her home or car without his/her knowledge.
- The defendant was entrapped by law enforcement.
- The defendant had a current and valid doctor’s prescription to possess the drugs.
- The defendant was falsely accused of the drug offense.
How is Nevada’s drug possession law different from federal law?
The federal and Nevada definitions of drug possession are essentially the same: They both forbid knowingly or intentionally possessing controlled substances without a doctor’s prescription. But federal penalties are different than those for Nevada drug possession (NRS 453.336).4
It is usually preferable to face drug charges in Nevada state court rather than federal court. State court offers Nevada drug court, where defendants can do rehab instead of prison. And Nevada state law permits defendants to seal criminal records for drug law violations, whereas federal records are nearly always unsealable.5