NRS § 453.336 – Nevada “Drug Possession” Laws

First or second-time possession of a Schedule I, II, III or IV controlled substance a Category E felony that carries 1 to 4 years in prison and up to $5000.00 in fines. If this is your first offense, you may avoid a conviction by completing a class or Drug Court.

Nevada law does permit recreational marijuana possession of up to one ounce, but only in private residences by adults 21 and older. Learn more about marijuana laws and medical marijuana.

In this article, our Las Vegas criminal defense attorneys answer frequently asked questions about narcotics possession laws in Nevada.

• 1. What is possession of a controlled substance in Nevada?
• 2. How does Nevada law define possession?
• 3. What types of drugs are prohibited?
• 4. Can a possession of a controlled substance charge be dropped?
• 5. What are the penalties?
• 6. Can NRS 453.336 charges be dismissed? (Drug Court)
• 7. Can I get the record sealed?
• 8. Will I get deported?
• 9. Related offenses
• 10. Do I need a lawyer?

1. What is possession of a controlled substance in Nevada?

Possession of a controlled substance is deliberately owning or having control over drugs with no plan to sell them.¹ Other common terms for drug possession include:

• PCS (short for possession of a controlled substance)
• straight possession
• simple possession
• possession of drugs for personal use
• recreational possession

Drug possession is one of the least serious narcotics crimes because it usually involves small quantities and no pending drug sales. Though it is still a felony, and a conviction can cause you to lose out on employment and housing opportunities.

2. How does Nevada law define possession?

Possessing means to knowingly exercise control. This is not the same as ownership. Stealing drugs puts the thief in possession of those drugs even though the thief does not own them.

There are three types of illegal drug possession in Nevada:

1. Actual possession, which is when you physically keep the narcotics on your person. An example is carrying a baggie of crack in your hand or back pocket.
2. Constructive possession, which is when you store drugs in a location you have control over. An example is keeping stolen Vicodin or other prescription drugs in your dresser drawer or glove compartment.
3. Joint possession, which is when you and another person(s) share control or ownership of the same drug. An example is a wife letting her husband keep heroin in their fridge — both spouses can be prosecuted for possession even if the wife does not use the heroin herself.²

Therefore, “possession of drugs” has a broad legal meaning. It extends to any location you control, such as your body, home, car, or storage facility.

Drug possession is a separate crime from being the influence of a controlled substance (NRS 453.411). You can be arrested for being high whether or not you are in possession of drugs:

Example: Sarah takes ecstasy at a party and walks home. A police officer sees her stumbling and arrests her for being under the influence of drugs. But since Sarah had no ecstasy in her possession, she should not face possession charges. It does not matter that Sarah recently possessed ecstasy in order to get high.

Drug possession is also a separate crime from possession of drug paraphernalia (NRS 453.566). If Sarah in the above example had a crack pipe or syringe on her, she could face charges for paraphernalia possession but not drug possession.

3. What types of drugs are prohibited?

NRS 453.336 prohibits you from having any controlled substance without a current doctor’s prescription in Nevada. (The only exception is that adults 21 or older may possess up to one ounce of marijuana.)

Controlled substances are categorized into five different schedules.³

Controlled substances	Examples
Schedule I	PCP Ecstasy Heroin LSD Marijuana
Schedule II	Methamphetamine Methadone Cocaine Ritalin OxyContin
Schedule III	Anabolic steroids Ketamine
Schedule IV	Xanax Valium Rohypnol Ambien
Schedule V	Robitussin AC Codeine (no more than 200 milligrams per 100 grams) Opium (no more than 100 milligrams per 100 grams)

4. Can a possession of a controlled substance charge be dropped?

The best way to fight Nevada drug possession charges turns on the facts of the case. Two common defenses include:

1. You did not know about the drugs; or
2. The police conducted an illegal search.

Also, Good Samaritans who report an overdose are immune from drug possession charges.⁴

4.1. No knowledge of the drugs

If you honestly had no idea that drugs were on your body or property, you broke no law.⁵

Example: Josh borrows Henry’s car and leaves his Percocet under the passenger seat without telling Henry. Henry is not guilty of possession because he does not know drugs are in his car. But if Henry finds the pills and decides to keep them, then he could face prosecution for the Las Vegas drug crime of possession.

Common evidence in NRS 453.336 cases includes surveillance video, eyewitness testimony, and recorded communications such as text messages by you.

4.2. The police conducted an illegal search

Law enforcement may conduct searches and seizures that adhere to the Fourth Amendment. But sometimes police overstep their bounds and obtain evidence through unlawful means.

When the police break the law, the defense attorney can ask the judge to disregard any illegally-obtained evidence. This is called a motion to suppress evidence. If the judge grants this motion, the prosecution might have to dismiss the drug crime charges for lack of proof.

5. What are the penalties?

Possession penalties in Nevada depend on the type of drug and whether you have past drug offenses. As discussed in the next section, you may be able to get the charge dismissed.⁶

Drug Type	Nevada Possession Penalties (NRS 453.336)
Schedule I or II – less than 14 grams; or Schedule III, IV, or V – less than 28 grams	“Possession of a Controlled Substance” A first or second offense is a category E felony. If you plead guilty or no contest, courts will grant a deferral of judgment. This means the case will be dismissed if you complete various sentencing terms, which typically includes fines and rehab. If you do not complete the terms, the court may convict you of a category E felony. Category E penalties include probation and a suspended sentence, but the court may impose up to 1 year in jail. If you have two or more prior felony convictions, you face a possible sentence of 1 to 4 years in prison and up to $5,000 in fines. A third or subsequent offense is a category D felony. (This includes any past drug-related convictions throughout the U.S.). Penalties include: 1 – 4 years in Nevada State Prison, and Up to $5,000 in fines (at the judge’s discretion), and An additional fine of up to $20,000 (at the judge’s discretion)
Schedule I or II – 14 grams to less than 28 grams; or Schedule III, IV, or V –28 grams to less than 200 grams	“Low-level Possession of a Controlled Substance” Category C felony: 1 – 5 years in prison, and Up to $10,000 in fines (at the judge’s discretion)
Schedule I or II –28 grams to less than 42 grams; or Schedule III, IV, or V –200 grams or more	“Mid-level Possession of a Controlled Substance” Category B felony: 1 – 10 years in prison, and $50,000 in fines
Schedule I or II – 42 grams to less than 100 grams	“High-level Possession of a Controlled Substance” Category B felony: 2 – 15 years in prison, and $50,000 in fines
Gamma-hydroxybutyrate (GHB); or Flunitrazepam (Rohypnol)	Category B: 1 – 6 years in prison
Public consumption of marijuana	Misdemeanor: $600

For more information about marijuana penalties, see our article on marijuana possession.

Note that drug possession is both a Nevada state and federal crime. If you are caught with drugs on federal land, you will likely be charged in federal court rather than state court. Learn more about federal drug possession laws (21 U.S.C. § 844).

Also note that driving high is prosecuted as driving under the influence in Nevada, the same as if the driver was drunk.

6. Can NRS 453.336 charges be dismissed? (Drug Court)

You may be able to get your possession charge dismissed by deferred judgment, which may include doing Drug Court. This a type of alternative sentencing involving an intensive rehabilitation program.⁷

Otherwise, prosecutors may be willing to reduce the felony possession charge down to a misdemeanor narcotics charge under NRS 454.351. The standard sentence for this plea bargain includes:

• probation,
• rehab,
• an order not to get arrested again while the case is pending,
• community service, and
• a suspended jail sentence, which means you do no jail as long as you complete the above terms.

As discussed above in section 4, the best-case scenario is to win a possession case on the merits. A defense attorney’s first goal is to convince prosecutors that their evidence is too weak to sustain a conviction. Then the prosecutors may drop the charges without any conditions.

The vast majority of drug possession cases resolve without a trial. If negotiations fail, you may demand a jury trial where the prosecution has the burden to prove guilt beyond a reasonable doubt. If the jury acquits you, the case will be dropped.

7. Can I get a record sealed?

Yes, drug convictions are usually sealable after a waiting period. The length of this wait depends on the specific crime category you were convicted of. Meanwhile, drug charges that get dismissed may be sealed right away.⁸

Drug possession conviction	Criminal record seal waiting period in Nevada
Misdemeanor	1 year after the case ends
Category E felony	2 years after the case ends
Category D felony, or Category B felony	5 years after the case ends
No conviction (dismissal)	Immediately

Learn about how to petition for a Nevada record seal.

8. Will I get deported?

Any non-citizen can be deported from the U.S. for drug possession. The only exception is if the drug was 30 grams or less of marijuana.⁹

Immigrants facing drug charges are advised to hire an experienced attorney as soon as possible. The attorney may be able to persuade the prosecutor to reduce or dismiss the charges. This in turn could take deportation off the table.

9. Related drug offenses

9.1. Possession for sale

Drug possession with the intent to sell (NRS 453.337 & NRS 453.338) is a more serious crime than possession for personal use. It is always prosecuted as a felony in Nevada. Though you may be eligible for probation if it is your first offense.

9.2. Selling

Selling narcotics (NRS 453.321) is the second most serious drug crime under Nevada state law. It does not matter whether the drugs are being traded for cash, jewelry, or other items of value. However, if you have no prior convictions, you may be eligible for probation.

9.3. Trafficking

Possessing, making, transporting, or selling large quantities of schedule I or II drugs is charged as trafficking in the state of Nevada. Drug trafficking is the most harshly punished drug crime in the state. Though if you help police investigate other cases, you might be able to avoid prison. Learn more about trafficking drugs (NRS 453.3385).

10. Do I need an attorney?

Having a criminal defense lawyer increases your odds of getting drug charges reduced or dismissed. A good law office can do a thorough investigation of the state’s case in search of every inconsistency and weakness. Prosecutors are usually more willing to negotiate when you have private counsel.

If you have been arrested, call us today. We may be able to get your Nevada possession charges lessened or even dismissed so your record remains clean.

¿Habla español? Más información sobre el delito de posesión de drogas Nevada.

Arrested in California? See our article on Health & Safety Code 11350 HS.

Arrested in Colorado? See our article on CRS 18-18-403.5.

Are you struggling with substance abuse? You are not alone. Learn about Narcotics Anonymous. It is an international organization offering a twelve-step program to overcome addiction.

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