Heroin is a schedule I controlled substance. Nevada makes it a felony to use, possess, sell, or traffic heroin.
Most first-time possession cases, however, can be totally dismissed by completing probation. Otherwise, prosecutors may be willing to plea-bargain charges down to misdemeanors.
The following bubble graph shows the standard prison sentence for first-time heroin crimes in Nevada:
Below our Las Vegas criminal defense lawyers answer frequently asked questions about Heroin crimes in Nevada.
What are the penalties?
The punishment for heroin crimes depends on the specific charge, as the following table illustrates.1
| Heroin Crime | Nevada Penalties for a 1st-time Conviction |
| Possession for personal use (NRS 453.336) | Category E felony (for less than 14 grams): Your case will likely be dismissed if you complete certain court-ordered terms. |
| Possession for sale (NRS 453.337) | Category D felony: 1 to 4 years in prison (or probation) and up to $5,000 |
| Selling, giving away, or transporting (NRS 453.321) | Category C felony: 1 to 5 years in prison (or probation) and up to $10,000 |
| Trafficking (NRS 453.3385) | Category B felony (for 100 to less than 400 grams): 2 to 20 years in prison and up to $100,000 |
| Being under the influence (NRS 453.411) and Driving under the influence (NRS 484.110) | Misdemeanor: Up to 6 months in jail and/or $1,000 |
What are the defenses?
Here at Las Vegas Defense Group, we have represented literally thousands of people facing drug charges. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries at getting heroin charges lessened or dismissed.
- You had no idea the drugs were there. Perhaps another person planted the drugs in your home or car. Or maybe your roommate kept the drugs there without telling you. If the D.A. cannot show you knew about the drugs, no crime happened.2
- Law enforcement entrapped you. Police are permitted to go undercover, carry out stings, and tell you lies. However, it is illegal for them to threaten or force you into violating a law you were not predisposed to violate. If law enforcement crossed the line, you may be able to get your case dismissed by claiming entrapment.3
- Law enforcement performed an illegal search. When police search for evidence, they must get a warrant if necessary and remain within the bounds of the warrant unless there is a lawful reason not to. If the officers in your case conduct an unlawful search, the judge may agree to suppress all the evidence that the police found from the search. At that point, prosecutors may be forced to drop your case for lack of proof.
Addiction is not a defense to Nevada drug charges, though addicts may be able to avoid a conviction by doing Drug Court.
Can I plea bargain?
Prosecutors are often willing to reduce or dismiss criminal charges to avoid trial. With regard to first-time possession charges, the state may grant probation and dismiss the case in exchange for you taking a drug education class or doing Drug Court – an intensive rehabilitation program.
Another common scenario is for the D.A. to reduce a felony drug charge to a “catch-all” misdemeanor drug charge abbreviated ITS (short for “drugs which may not be introduced into interstate commerce”). ITS carries:
- up to 6 months in jail, and/or
- up to $1,000 in fines
With many ITS plea deals, you do no jail and simply pay a fine and take a drug education class.4
Can I seal my record?
Drug cases are sealable from your Nevada criminal record. As the following table shows, however, there is a wait time unless your case gets dismissed.5
| Nevada Heroin Conviction | Record Seal Waiting Period |
| Being under the influence or ITS | 1 year after the case closes |
| Simple possession | 2 years after the case closes |
| Possession for sale, selling, manufacturing, transporting, or trafficking | 5 years after the case closes |
| DUI of drugs | 7 years after the case closes |
| Dismissal (no conviction) | Right away (no wait) |
Learn about how to petition for a Nevada criminal record seal.
What if I am not a U.S. citizen?
As a non-citizen in the U.S., you face deportation if convicted of a heroin crime.6 You should retain an experienced lawyer right away to try to get your charge dropped or changed to a non-deportable offense.
Related Drug Crimes
See our articles on:
Learn more about Nevada drug offenses.
Additional Resources
If you or someone you know are struggling with addiction, refer to the following:
- Narcotics Anonymous – 12-step program to overcome drug addiction.
- Nar-Anon – 12-step program for family/friends of addicts.
- SAMHSA – Substance Abuse and Mental Health Services – 24/7 hotline and support.
- SAMHSA – Online treatment locator – Find rehabs by address or zip code.
- Crisis Support Services of Nevada – 24/7 hotline and support.
Legal References:
- NRS 453.336; NRS 453.337; NRS 453.321; NRS 453.3385; NRS 453.441. Figueroa-Beltran v. United States (2020) .
- Sanders v. State (Nev. 1994) 874 P.2d 1239 (“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 (Nev. 1988) 761 P.2d 416 (“[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.
- NRS 179.255. NRS 179.245.
- 8 U.S.C. 1227(a)(2)(B).