It is a crime to possess or sell not only drugs in Nevada. But also “drug paraphernalia”--any apparatus used for the manufacturing or using of drugs. Note that it is now legal to possess marijuana paraphernalia, such as bongs.
Penalties may include lengthy prison sentences, and a conviction may cause future employers to not hire you for a job. On this page you’ll find basic information on Nevada drug paraphernalia law.
Legal Definition of Drug Paraphernalia in Las Vegas, Nevada
Drug paraphernalia in Nevada is any kind of equipment or materials intended for the manufacture, storage or ingestion of illegal drugs. (NRS 453.554)
When determining whether an object is used for or intended as drug paraphernalia in Las Vegas, Clark County courts may consider the following factors:
- prior convictions of anyone in control of the alleged paraphernalia
- How the alleged paraphernalia was displayed for sale
- Any other direct or circumstantial evidence regarding the intent of anyone owning or in possession of the alleged paraphernalia
- the proximity of the alleged paraphernalia to controlled substances, whether it has residue of controlled substances, and whether it had instructions of how it should be used
- Statements by anyone in control of the alleged paraphernalia
- Expert testimony concerning its use (NRS 453.556)
Drug Paraphernalia Crimes in Las Vegas, Nevada
Unless children are involved, the penalties for selling or possessing drug paraphernalia in Las Vegas are considerably less than that of possessing or selling the actual drugs themselves:
Sale, Intent to Sell, Manufacture, & Delivery (NRS 453.560; NRS 453.562)
It is a category E felony in Nevada to sell, to deliver, to manufacture, or to possess with intent to sell, deliver or manufacture any drug paraphernalia when you know (or should know) that it will be used for the purposes of producing, storing or using illegal drugs. The standard punishment includes 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.)
However, it is a category C felony in Nevada when someone eighteen years of age or older allegedly delivers drug paraphernalia to someone who is both under eighteen and at least three years younger. Penalties include:
- one to five years in Nevada State Prison,
- and maybe a fine of up to $10,000,
- and maybe restitution for the costs of the minor taking a substance abuse program
Simple Possession or Advertising (NRS 453.566; NRS 453.564)
It is only a misdemeanor in Nevada to use drug paraphernalia or to possess drug paraphernalia with intent to use it. The sentence carries:
- Up to six months in jail, and/or
- Up to $1,000 in fines
These same penalties apply for intentionally advertising drug paraphernalia as well.
Federal drug paraphernalia Law
Federal drug paraphernalia law under 21 U.S.C. § 863 is narrower than Nevada law. It does not punish simple possession of drug paraphernalia or purchasing drug paraphernalia, only selling and transporting it. Read more about federal drug paraphernalia law in Nevada in our article on federal drug paraphernalia law in Nevada.
Arrested? Call us now . . . .
If you have been charged with a drug offense in or around Clark County, then call our Las Vegas criminal defense lawyers for a free phone meeting to discuss your case. We will do everything to try to negotiate your charges down or get them dismissed so you can avoid trial and get back to your life as soon as possible.
To learn about California drug paraphernalia laws, go to our informational article on California drug paraphernalia laws.
¿Habla español? Visita nuestra página web en español sobre leyes de Nevada para parafernalia de drogas.