Updated
Definition
Cocaine is a schedule II drug and is illegal throughout the United States. People face criminal charges in Nevada for either possessing, possessing with intent to sell, selling or manufacturing, or trafficking cocaine. Nevada also makes it illegal to be under the influence of cocaine even if the drug is no longer in the person’s possession.
Penalties
As with most narcotic offenses, cocaine crimes are charged as felonies in Nevada. In many cases, prosecutors are open to plea bargain the case down to a misdemeanor or even a dismissal. Otherwise, the possible penalties are the following:
| Nevada Cocaine crime | Penalties for a first-time conviction |
|---|---|
| Possession for personal use | It depends on the amount and if the defendant has prior convictions. See our page on drug possession (NRS 453.336) to learn more.
For a first-or second offense involving less than 14 grams, it is a category E felony: The court will grant eligible defendants who plead guilty or no contest a deferral of judgment, which means that the court will dismiss the case if the defendant completes certain court-ordered terms. Otherwise, category E felony convictions carry probation and a suspended sentence. (But if the defendant has two or more prior felony convictions, the court may impose one to four years in Nevada State Prison and up to $5,000 in fines.) |
| Possession with the intent to sell it | category D felony:
|
| Selling, importing, trading, transporting, dispensing, giving away, administering, or manufacturing | category C felony:
|
Trafficking is any act involving at least 100 grams of cocaine, and the sentence turns on the quantity of cocaine involved. For instance, it is a category C felony to traffic less than 400 grams of coke, and the penalty includes:
- 2 – 20 years in prison, and
- up to $100,000
Defenses
Every drug case is unique, and its individual circumstances dictate which defenses could be most useful. In general, the following arguments may be effective in getting a narcotic charge dismissed or reduced:
- The defendant was unaware that the cocaine was there,
- The police officer(s) entrapped the defendant, and/or
- The police’s search and seizure was illegal
In this article, our Las Vegas criminal defense lawyers discuss:
- 1. What is cocaine, and is it illegal?
- 2. Is cocaine a felony in Nevada?
- 3. How do I fight the charges?
- 4. Can I plea bargain?
- 5. Can I go to trial?
- 6. When can I get the case sealed?
- 7. Will I get deported?
- 8. Related offenses
1. What is cocaine, and is it illegal?
Cocaine is a schedule II drug that is typically snorted and therefore often sold as a powder. Common nicknames are coke, snow, and blow. Note that crack is a solid, smokable form of cocaine.1
Any action involving cocaine is prohibited in Nevada, including:
- possessing cocaine for personal use (a.k.a. “simple possession”),2
- possessing cocaine with the intention to sell (a.k.a. “possession for sale”),3
- selling cocaine,
- manufacturing cocaine,
- bartering cocaine,
- administering cocaine,
- exchanging cocaine,
- dispensing cocaine,
- giving away cocaine,
- importing cocaine, or
- transporting cocaine4
Note that trafficking cocaine is defined by Nevada law as any action involving at least 100 grams of the drug.5 So a person who owns 100 grams of coke can be convicted of trafficking even if that person has no plans to transport it or sell it.
2. Is cocaine a felony in Nevada?
Under Nevada law, it is a felony crime to possess, sell, make, or traffic cocaine. Even recreational use of a small amount of cocaine gets charged as a felony. However, defendants facing a first-time drug possession charge may be able to get the case dismissed without going to prison. They just have to complete various court-ordered terms, such as drug counseling.
Note that cocaine crime penalties increase with each subsequent offense except for drug trafficking, which depends on the amount of cocaine involved:
| Nevada Cocaine crime | Punishments |
|---|---|
| Possession for personal use
(NRS 453.336) |
It depends on the amount and if the defendant has prior convictions. See our page on drug possession (NRS 453.336) to learn more.
|
| For a first-or second offense involving less than 14 grams, it is a category E felony:
The court will grant eligible defendants who plead guilty or no contest a deferral of judgment, which means that the court will dismiss the case if the defendant completes certain court-ordered terms. Otherwise, category E felony convictions carry probation and a suspended sentence. (But if the defendant has two or more prior felony convictions, the court may impose one to four years in Nevada State Prison and up to $5,000 in fines.) |
|
| Possession with the intent to sell
(NRS 453.337) |
first conviction category D felony:
|
|
second conviction
|
|
|
third conviction category B felony:
|
|
| Selling, dispensing, giving away, trading, transporting, importing, administering, or manufacturing
(NRS 453.321) |
first conviction category C felony:
|
|
second conviction category B felony:
|
|
|
third conviction category B felony:
|
|
| Trafficking scheduled II drugs in Nevada (NRS 453.3395) | |
|
100 grams to less than 400 grams category B felony:
|
|
|
400 grams or more
|
Nevada law also prohibits the act of being under the influence of cocaine. The D.A. prosecutes it as just a misdemeanor, carrying up to 6 months in jail and/or up to $1,000 in fines.6
3. How do I fight the charges?
Which defense strategy to employ depends on the specific facts and evidence in the case. Three potential defenses are:
- The defendant did not have knowledge the cocaine was there,
- The defendant was a victim of police entrapment, and/or
- The police search and seizure violated the Fourth Amendment of the U.S. Constitution
3.1. No knowledge of the cocaine
An element of drug possession offenses is that the suspect intended to possess the drugs.7Boulder City criminal defense attorney Michael Becker gives an example:
Example: Jake and Jason share a storage unit in Las Vegas. Jake buys some cocaine and hides it in the unit without telling Jason. The storage unit manager sees this and tips off the police, who secure a search warrant to search the storage unit. After finding the cocaine, the officer places both Jake and Jason under arrest because they have joint possession of the storage unit. But Jason did not commit drug possession of cocaine because he was ignorant of the cocaine’s existence.
The D.A. in the above example has the burden to prove beyond a reasonable doubt that Jason knew about the cocaine. If the D.A. fails to meet this burden, Jason should not be convicted.
3.2. Entrapment
Police officers may be allowed to go undercover or lie to suspects, but they are not allowed to trick them into carrying out a crime that they are not predisposed to carry out.8 Bunkerville criminal defense attorney Michael Castillo gives an example of police entrapment:
Example: In Pahrump, an undercover police officer walks by a nightclub and sees Alvin snorting cocaine. The officer goes up to Alvin and says he wants to buy the rest of his coke. Alvin says no and that he does not deal. The officer then says he will tell the police about the coke if Alvin refuses to go through with the transaction. Alvin agrees, and the officer immediately cuffs him for selling cocaine. But Alvin should not be found guilty of selling drugs because the officer entrapped him through threats. The officer had no reason to believe Alvin was selling drugs, and the most he could have arrested Alvin for was simple possession.
If Alvin in the above example agreed right away to the officer’s initial offer to buy the coke, then Alvin probably would not be able to claim he was entrapped. But because the only reason Alvin sold the drugs was that he was threatened, the case should be dismissed.
3.3. Illegal search and seizure
Whenever police may have executed an unlawful search and seizure, the defense attorney can then ask the court to disregard all the evidence that the police found through the illegal search.
Example: Officer Drew gets a search warrant to search Henry’s apartment for cocaine. After the apartment search comes up with nothing, the officer breaks into Henry’s office at work to search his desk, where he finds cocaine. After Henry gets prosecuted for a cocaine possession charge, his attorney files a “motion to suppress” the cocaine as evidence. The attorney reasons that that Officer Drew illegally went outside the bounds of the search warrant by searching the office and not just the apartment. The judge agrees and excludes the cocaine as evidence, causing the D.A. to drop all charges now that they have no evidence to go on.
In the above example, it does not matter that Officer Drew’s hunch about finding cocaine in Henry’s office was correct. All that matters is that the officer went outside the bounds of the search warrant in order to find the cocaine. And because the search was illegal, Henry was able to get off the hook for drug charges.
4. Can I plea bargain?
It is very possible, especially if the defendant has no or little criminal history. Some defendants are permitted to forgo jail by taking a drug education class or doing rehab (Drug Court), and the D.A. will dismiss the entire case once they successfully complete the course.
Another option is for the D.A. to reduce the defendant’s felony charge down to the misdemeanor drug charge ITS (a.k.a. “drugs which may not be introduced into interstate commerce”). The ITS sentence may not exceed:
- six (6) months in jail, and/or
- $1,000 in fines
Note that jail is hardly ever imposed for ITS convictions.9
5. Can I go to trial?
Certainly, though most defendants charged with drug crimes can reach a plea deal without having to go to trial. But if defendants wish, they can request either a jury trial or a bench trial.10 Unlike the verdicts in jury trials, the verdicts in bench trials are determined by the judge.
6. When can I get the case sealed?
If the case gets dismissed, then there is no mandatory waiting period before the defendant may pursue a criminal record seal.11
If the cocaine charge gets knocked down to the misdemeanor drug offense of ITS (explained above in question 4), the defendant has to wait at least one (1) year after the case closes before pursuing a seal.12
In all other circumstances, the defendant will need to wait at least two to ten years before applying for a record seal. The exact waiting time hinges on which crime he/she was convicted of:
| Nevada Cocaine conviction | Record seal waiting period |
|---|---|
category E felony:
|
Two (2) years after the case is closed |
category D felony:
|
Five (5) years after the case is closed |
category C felony:
|
Five (5) years after the case is closed |
category B felony:
|
Five (5) years after the case is closed |
category A felony:
|
Ten (10) years after the case is closed13 |
7. Will I get deported?
Yes. Any cocaine crime conviction — even just personal possession — is sufficient to get an alien deported from the U.S. Moreover, the U.S. may remove non-citizens just for admitting to being an addict or selling drugs whether or not a court convicts them.14
Immigrants who have been charged with a drug offense in Nevada are advised to seek legal counsel right away. A skilled criminal defense and immigration attorney may be successful in persuading the prosecutor to throw out the case or alter it to a non-deportable offense. Learn more about the criminal defense of immigrants in Nevada.
8. Related drug offenses
8.1. Heroin
Heroin is a schedule I drug and carries the same penalty scheme as cocaine. Learn more about Nevada heroin laws.
8.2. GHB and Rohypnol
The law treats GHB and Rohypnol as schedule I narcotics whenever they are illegally possessed or sold. Penalties for GHB and Rohypnol crimes are the same as for cocaine except for personal possession.
Learn more about Nevada GHB and Rohypnol laws.
8.3. Meth
Methamphetamine is a schedule II narcotic. Penalties for meth crimes are the same as for cocaine. Learn more about Nevada methamphetamine laws.
8.4. OxyContin and Vicodin
The painkillers OxyContin and Vicodin are schedule II narcotics. Penalties for OxyContin and Vicodin crimes are the same as for cocaine. Learn more about Nevada OxyContin and Vicodin drug laws.
8.5. Ecstasy
Ecstasy is a schedule I narcotic. Drug crimes involving cocaine are punished the same as cocaine. Learn more about Nevada MDMA / ecstasy laws.
8.6. PCP
PCP (phencyclidine) is classified as a schedule II narcotic. Penalties for PCP crimes are the same as for cocaine. Learn more about Nevada PCP laws.
8.7. Ketamine
Ketamine is classified as a schedule III narcotic. Possession for personal consumption of ketamine is punished the same as for cocaine. But probation may be available for first-time convictions of possessing ketamine for sale or of selling ketamine. Note that Nevada law has no “ketamine trafficking” offenses. Learn more about Nevada ketamine laws.
8.8. Codeine
Codeine is classified as a schedule II narcotic. Penalties for codeine crimes are the same as for cocaine. Learn more about Nevada codeine laws.
We can meet over the phone or in person at one of our law offices. Our DUI and criminal law firm represents clients in Clark County and throughout the state of Nevada.
Learn more about Nevada drug crimes and Nevada drug paraphernalia crimes.
Arrested in California? Go to our informational article on California cocaine laws.
Arrested in Colorado? Go to our informational article on Colorado cocaine laws.
Legal References:
- Drug Enforcement Administration.
- NRS 453.336. (“Possession” encompasses actual possession, constructive possession, and joint possession.)
- NRS 453.337.
- NRS 453.321.
- NRS 453.3395.
- NRS 453.411.
-
Sanders v. State, 110 Nev. 434, 874 P.2d 1239 (1994)(“In order to establish that the crime of possession of a controlled substance has been committed, the state must prove beyond a reasonable doubt that the accused had dominion and control of a controlled substance and knowledge of the presence of the controlled substance and of its illegal nature.”).
-
Sheriff, Humboldt County v. Gleave, 104 Nev. 496, 761 P.2d 416 (1988)(“[T]his court held that “[e]ntrapment as a matter of law exists where the uncontroverted evidence shows (1) that the state furnished an opportunity for criminal conduct (2) to a person without the requisite criminal intent.”).
- NRS 454.351.
- Sixth Amendment to the U.S. Constitution.
- NRS 179.255.
- Nevada Revised Statute 179.245.
- Id.
- 8 U.S.C. 1227(a)(2)(B).