Drug Laws in Las Vegas, Nevada

Nevada drug laws forbid possessing, making, or selling controlled substances. Exceptions are that adults 21 and older may possess two-and-a-half ounces or less of marijuana while at home, and people with Nevada medical marijuana cards may also possess two-and-a-half ounces of marijuana while at home. Call our criminal defense attorneys in Las Vegas if you have been arrested on drug charges.

The penalties for illegal drug offenses turn on what schedule (class) the drug belongs to. Below are common controlled substances and their schedules:

Schedule class	Examples
I	PCP Ecstasy Heroin LSD
II	Methamphetamine Cocaine OxyContin Codeine
III	Ketamine Anabolic steroids
IV	Xanax Ambien Valium
V	Robitussin AC

In this article our Las Vegas drug crimes lawyers summarize Nevada’s narcotics crimes and penalties. Click on a topic to jump to that section.

• 1. What is drug possession in Nevada?
  • 1.1. Marijuana
  • 1.2. Other controlled substances
• 2. What is possession with intent to sell?
• 3. What is selling, distributing, or transporting drugs?
  • 3.1. Marijuana
  • 3.2. Other controlled substances
• 4. What is drug trafficking?
  • 4.1. Marijuana
  • 4.2. Fentanyl
  • 4.3. Other controlled substances
• 5. Other drug crimes
  • 5.1. Driving under the influence (DUID)
  • 5.2. Being under the influence
  • 5.3. Paraphernalia
  • 5.4. Administering drugs to aid in the commission of a violent crime
  • 5.5. Administering drugs to aid in the commission of a felony
  • 5.6. Imitation drugs
  • 5.7. Manufacturing drugs
• 6. What about federal law?

1. What is drug possession in Nevada?

Possessing narcotics for personal use (NRS 453.336) – also called simple possession – is knowingly having physical control over drugs. Possession can be either:

1. actual, such as physically carrying the drugs in a pocket or purse;
2. constructive, such as storing the drugs in a safe or car the defendant owns; or
3. joint, such as a couple or a group of friends sharing the drugs

1.1. Marijuana

In Nevada, adults 21 and older may lawfully possess either:

• 2.5 oz. or less of marijuana; or
• 1/4 oz. or less of marijuana concentrate.¹

People with current Nevada medical marijuana cards may possess up to 2.5 oz.²

It is a crime to bring the weed out of the home, even to hotel rooms. Public consumption of marijuana is a misdemeanor carrying a $600 fine.³

Learn more about possession of marijuana.

1.2. Other controlled substances

It is always a category B felony to possess gamma-hydroxybutyrate (GHB) or flunitrazepam (Rohypnol), with penalties of one to six years in Nevada State Prison. Otherwise, penalties for drug possession turn on the types of drugs involved:

Drug class and quantity	Possession penalties in Nevada
Schedule I or II: less than 14 grams; or Schedule III, IV, or V: less than 28 grams	A first or second offense is a category E felony, which usually carries probation. A third or subsequent offense is a category D felony: 1 – 4 years in prison, and Possibly up to $25,000
Schedule I or II: 14 grams – less than 28 grams; or Schedule III, IV, or V: 28 grams – less than 200 grams	Category C felony: 1 – 5 years in prison, and Possibly up to $10,000
Schedule I or II: 28 grams – less than 42 grams; or Schedule III, IV, or V: 200 grams or more	Category B felony: 1 – 10 years in prison, and Up to $50,000
Schedule I or II: 42 grams – less than 100 grams	Category B felony: 2 – 15 years in prison, and Up to $50,000

Note that first-time offenders may be able to avoid convictions by completing a diversion program or Drug Court, an intensive rehabilitation program.⁴

Also learn about the crime of possession of a controlled substance under federal law.

2. What is possession with intent to sell?

Possessing drugs for the purpose of selling them (NRS 453.337) – also called possession for sale – carries stiffer penalties than simple possession. The punishment turns on the drug type. (See our article on possessing marijuana for sale.)

Drug class	Possession for sale penalties in Nevada
Schedule I; Schedule II; Flunitrazepam; or Gamma-hydroxybutyrate (GHB)	1st offense Category D felony: 1 – 4 years in prison (or probation) and Possibly up to $5,000
	2nd offense Category C felony: 1 – 5 years in prison, and Possibly up to $10,000
	3rd or subsequent offense Category B felony: 3 – 15 years in prison, Possibly up to $20,000
Schedule III; Schedule IV; or Schedule V	1st or 2nd offense Category D felony: 1 – 4 years in prison (or probation), and Possibly up to $5,000
	3rd or subsequent offense Category C felony: 1 – 5 years in prison (or probation in certain cases), and Possibly up to $10,0005

3. What is selling, distributing, or transporting drugs?

Nevada law prohibits all of the following drug activities:

• selling,
• exchanging,
• importing,
• transporting,
• bartering,
• supplying,
• prescribing,
• dispensing,
• giving away, or
• administering

The punishment for these unauthorized acts with drugs (NRS 453.321) turns on the type of narcotic:

3.1. Marijuana

Growing more than 12 marijuana plans is a class E felony, which usually carries probation. Meanwhile, intentionally extracting concentrated cannabis is a category C felony, carrying one to five years in prison and possibly up to $10,000.⁶

See our article on selling marijuana for more information.

3.2. Other controlled substances

Drug class	Nevada penalties for selling drugs (or other illegal acts)
Schedule I; or Schedule II	1st offense Category C felony: 1 – 5 years in prison (or probation), and Possibly up to $10,000
	2nd offense Category B felony: 2 – 10 years in prison, and Possibly up to $20,00
	3rd or subsequent offense Category B felony: 3 – 15 years in prison, Possibly up to $20,000
Schedule III; Schedule IV; or Schedule V	1st offense Category D felony: 1 – 4 years in prison (or probation), and Possibly up to $5,000
	2nd offense Category C felony: 1 – 5 years in prison, and Possibly up to $10,000
	3rd or subsequent offense Category B felony: 2 – 10 years in prison, and Possibly up to $15,0007

See our related article on transporting drugs in Nevada.

4. What is drug trafficking?

Trafficking (NRS 453.3385) is any illegal act done with a large amount of schedule I or II drugs, GHB or Rohypnol. Even possession for personal use can be prosecuted as trafficking if the quantity is large enough. The penalties turn on the weight of the drugs.

4.1. Marijuana

Weight of Marijuana	Trafficking penalties in Nevada
50 lbs. – less than 1,000 lbs.; or 1 lb. – less than 20 lbs. of concentrated cannabis	Category C felony: 1 – 5 years in prison, and up to $25,000
1,000 lbs. – less than 5,000 lbs.; or 20 lbs. – less than 100 lbs. of concentrated cannabis	Category B felony: 2 – 10 years in prison, and up to $50,000
5,000 lbs. or more; or 100 lbs. or more of concentrated cannabis	Category A felony: 15 years – life in prison (with the possibility of parole after 5 years), and up to $200,000

Learn more about trafficking marijuana (NRS 453.339).

4.2. Fentanyl

Weight of fentanyl	Trafficking penalties in Nevada
28 to less than 42 grams	Category B felony: 1 – 10 years in prison
42 to less than 100 grams	Category B felony: 2 – 15 years in prison

4.3. Other controlled substances

Weight of schedule I or II drugs, GHB, or Rohypnol	Trafficking penalties in Nevada
100 to less than 400 grams	Category B felony: 2 – 20 years in prison, and Up to $100,000
400 grams or more	Category A felony: 25 years – life in prison (with the possibility of parole after 10 years), and Up to $500,0008

Also learn about the crime of drug trafficking under federal law.

5. Other drug crimes

5.1. Driving under the influence (DUID)

Drugged driving is punished the same as drunk driving. A first offense in a seven-year period is typically a misdemeanor unless someone gets seriously injured or killed. Jail is rare for a first-time offense as long as the defendant completes all the other sentencing terms, which usually include fines, DUI School, and a victim impact panel. The DMV will also revoke the defendant’s driver’s license.⁹

Also learn about DUI of prescription drugs.

5.2. Being under the influence

Simply being high (NRS 453.411) is a misdemeanor in Nevada, carrying up to six months in jail and/or up to $1,000. It does not matter if the defendant is found with no drugs on or near him/her.¹⁰

5.3. Paraphernalia

Possessing drug paraphernalia – such as a heroin needle – with the intent to use it is a misdemeanor in Nevada, carrying up to six months in jail and/or up to $1,000.¹¹ But selling paraphernalia – or possessing it with intent to sell it – is a category E felony, which is usually probationable.¹²

Note that an adult who delivers paraphernalia to a minor at least three years younger than the adult faces category C felony charges. This carries one to five years in prison, possibly up to $10,000, and restitution for the costs of the minor taking a substance abuse program.¹³

5.4. Administering drugs to aid in the commission of a violent crime

It is a category B felony to give people drugs in order to commit a violent crime against them (NRS 200.408). An example is slipping someone a date rape drug in a drink. Penalties include one to 20 years in prison.¹⁴

5.5. Administering drugs to aid in the commission of a felony

It is a category B felony to give people drugs in order to commit a felony (NRS 200.405). An example is drugging a security guard in order to burglarize a store. Penalties include one to 10 years in prison.¹⁵

5.6. Imitation drugs

Possessing, selling, distributing, or advertising fake drugs (NRS 453.332) is a crime in Nevada. Defendants face misdemeanor, gross misdemeanor, or category C felony charges depending on the facts of the case.¹⁶

5.7. Manufacturing drugs

It is a crime to make drugs or to possess drug-making materials with the intent to use them to make drugs (NRS 453.322). This is a category B felony carrying three to 15 years in prison. The maximum term becomes 20 years if there is a fire or an explosion.

6. What about federal law?

Federal law and Nevada state law are largely similar regarding simple drug possession except that Nevada law has separate penalties for marijuana possession.

You may face charges in both Nevada state and federal court for the same drug possession charge. Whether a person is prosecuted in one or both courts is decided by the District Attorney and U.S. Attorney’s Office.

Penalties

A first-time conviction of violating federal law for simple possession of narcotics carries a sentence of:

• up to 1 year in Federal Prison, and/or
• a minimum fine of $1,000

A second-time conviction of simple drug possession carries a sentence of:

• 15 days to 2 years in prison, and
• a minimum fine of $2,500

The third or successive conviction of simple possession of controlled substances carries a sentence of:

• 90 days to 3 years in prison, and
• a minimum fine of $5,000

Note that possessing flunitrazepam – even for the first time – carries up to three years in federal prison and/or a fine.

Also note that courts can levy extra fines to cover reasonable costs of the investigation and prosecution of the case; however, the court may waive all fines if it determines that you have no ability to pay.¹⁷