NRS § 453.411 makes it a misdemeanor in Nevada to consume illegal drugs or to be under the influence of a controlled substance. You can be convicted even if there are no narcotics in your possession at the time of the arrest.
Penalties
As a misdemeanor, being under the influence of a controlled substance carries up to six months in jail and/or up to $1,000 in fines. However, many Nevada judges will dismiss your charge if you complete a pre-prosecution diversion program (rehab).1
NRS 453.411 prohibits being high in public.
Exceptions
There are three exceptions where you can legally take controlled substances in Nevada:
- you are taking prescribed medications (and you are not driving impaired),
- you are at least 21 and using 2.5 ounces or less of marijuana (and you are not driving impaired),2 or
- you are being administered the drugs in a hospital or rehab facility.
Even if one of these situations applies to you, you can still be convicted if a police officer catches you “high.”
Note that NRS 453.411 is an entirely separate crime from DUI of drugs (DUID). You can be convicted of both DUID and unlawful drug use without violating double jeopardy laws.3
Defenses
Here at Las Vegas Defense Group, we have represented literally thousands of people charged with drug crimes such as being under the influence. In our experience, the following four defenses have proven very effective with judges and prosecutors.
- You did not realize you took any drugs: We see this case a lot with people who were slipped drugs or had their drink spiked without their knowledge.
- You never took any drugs: It is not unusual for police officers to mistake legitimate medical conditions such as diabetic comas for drug intoxication.
- Your blood test was contaminated: We work with expert witnesses who may be able to show that the police’s lab procedures were problematic and untrustworthy.
- You are addicted and just need treatment: If you are struggling with substance abuse, the judge may agree to enroll you in a diversion program where your charge gets dismissed if you successfully complete rehabilitation.4
Immigration Consequences
Nearly all drug crime convictions are deportable.5 Therefore, non-citizens charged with violating NRS 453.411 should consult with an attorney right away.
Record Seals
NRS 453.411 convictions can be sealed one year after the case ends. If the charge gets dismissed, you can pursue a record seal immediately.6
A conviction for being high can be sealed from your record one year after the case ends
Additional Resources
If you or a loved one is struggling with addiction, refer to the following:
- Narcotics Anonymous (NA) – A 12-step program to overcome drug addiction.
- Substance Abuse and Mental Health Service Administration (SAMHSA) – 24/7 treatment referral service.
- Recovery Village – Support group for families of people struggling with drug addiction.
- Drug Addiction – Mayo Clinic article on diagnosing Substance Use Disorder.
- I Need Help With Drug Addiction – Resources provided by Recovery Centers of America.
Legal References
- NRS 453.411 – Unlawful use of controlled substance; penalty.
1. It is unlawful for a person knowingly to use or be under the influence of a controlled substance except in accordance with a lawfully issued prescription.
2. It is unlawful for a person knowingly to use or be under the influence of a controlled substance except when administered to the person at a rehabilitation clinic established or licensed by the Division of Public and Behavioral Health of the Department, or a hospital certified by the Department.
3. Unless a greater penalty is provided in NRS 212.160, a person who violates this section shall be punished for a misdemeanor. - NRS 453.336.
- Byars v. State (Nev. 2014) 336 P.3d 939. See also State v. Jones (Nev. 1995) 895 P.2d 643.
- NRS 453.411.
- INA § 237(a)(2)(B).
- NRS 179.245; NRS 179.255.