Nevada law makes it a felony to possess, be under the influence of, sell, transport, manufacture or traffic methamphetamine. A conviction can include fines and significant jail or prison time.
Below our Las Vegas criminal defense lawyers answer frequently-asked-questions about meth crimes in Nevada.
1. What are the penalties for meth crimes?
The sentence depends on the particular offense:
| Nevada Methamphetamine crime | Punishment |
|---|---|
| Possession for personal use / simple possession (NRS 453.336) | Penalties depend 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, which may include up to one year in jail. (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.) |
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| Possession for the purpose of sale (NRS 453.337) |
1st conviction Category D felony:
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2nd conviction
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3rd or subsequent conviction
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| Selling, giving away, transporting, administering, dispensing, trading, or manufacturing (NRS 453.321) |
1st conviction Category C felony:
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2nd conviction Category B felony:
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3rd or subsequent conviction Category B felony:
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| Trafficking (NRS 453.3385) |
It depends on the amount of drugs being trafficking: |
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100 grams to less than 400 grams Category B felony:
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400 grams or more
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| Being under the influence (NRS 453.411) | Misdemeanor:
Up to 6 months in jail and/or up to $1,000 in fines1 |
Making or trafficking meth within 500 feet of a residence, business, church, synagogue or other place of religious worship, public or private school, a campus of the Nevada System of Higher Education, playground, public park, public swimming pool or recreational center for youths – an in a manner which creates a great risk of death or substantial bodily harm to another person – carries an additional prison penalty equal to and in addition to the underlying prison term.
2. What are the defenses?
Three common ways to fight meth drug charges include the following:
- The defendant did not know the drugs were there.2 It is not unusual for people to be unaware of drugs being in their homes. Maybe someone else left the drugs there. Or perhaps it belongs to another family member. Unless the D.A. can show beyond a reasonable doubt that the defendant knew about the drugs, criminal charges should not stand.
- The police entrapped the defendant. Police who threaten or force suspects into taking, buying, or selling drugs are committing entrapment, which is illegal. As long as the defendant was not predisposed to committing the drug crime, the case should be dropped.3
- The police committed an illegal search and seizure. If the police find drugs through an unconstitutional search, then the judge can throw out (“suppress“) those drugs from evidence. Prosecutors may then be left with too weak of a case to sustain a conviction.
Prosecutors in Nevada are often willing to work with first time meth offenders in order to strike up a deal to avoid trial.
3. Can the charge get lessened or dropped?
Nevada prosecutors are often eager to lessen or dismiss meth charges to avoid a trial. Predictably, the D.A. is more likely to offer good plea deals to first-time drug defendants with a little-to-no criminal history.
First-time simple possession defendants struggling with addiction may be eligible for Drug Court. This is an intensive rehabilitation program that can last a year or more. But in the end, the felony possession charge would get dismissed.
If prosecutors refuse to dismiss a felony charge, they may agree to lessen it to a misdemeanor under NRS 454.351. The maximum punishment includes:
- 6 months in jail, and/or
- $1,000 in fines
Even trafficking defendants may have an opportunity to get a case dismissed or reduced if they agree to act as informants and help the police carry out investigations.
4. Can the record be sealed?
Yes. If the meth charges get dismissed, then the defendant can petition for a seal immediately. Otherwise, there is a one-to-ten-year wait depending on the conviction.4
| Nevada meth conviction | Record seal waiting period |
|---|---|
| Misdemeanor | 1 year after the case ends |
| Category E felony | 2 years after the case ends |
| Category D felony
Category C felony Category B felony |
5 years after the case ends |
| Category A felony | 10 years after the case ends |
| Dismissal (no conviction) | Immediately |
Read about how to get a Nevada criminal record seal.
5. Are there immigration consequences?
Yes. Not only can meth crime convictions lead to deportation. Merely being a drug addict can get a non-citizen removed from the U.S.5
Any immigrant charged with drug crimes is advised to hire skilled counsel as soon as possible. The attorney may be able to persuade the D.A. to reduce the charge to a non-removable crime.
6. Related offenses
See our other narcotic articles on:
Also, see our article on DUI of meth. Learn more about Nevada drug crimes.
Arrested in California? Go to our informational article on California meth laws.
Arrested in Colorado? Go to our informational article on Colorado meth laws.
Legal References:
- NRS 453.336; NRS 453.337; NRS 453.321; NRS 453.3385; NRS 453.441.
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Sheriff, Humboldt County v. Gleave, 104 Nev. 496, 761 P.2d 416 (1988).
- NRS 179.255; NRS 179.245.
- 8 U.S.C. 1227(a)(2)(B).