Brushing up on Nevada’s Controlled Dangerous Substances Laws

Have you been charged with possession of a controlled substance in Nevada, and in particular–Las Vegas, and are now you are wondering what you do? If so, there is plenty of information available for you, as well as resources that can help you make your way through the legal landscape.

Each US state has their own penalties and definitions where possession of these controlled dangerous substances (CDS) is concerned. Even the definition of what counts as a CDS will change as you move across the country.

In the state of Nevada, there are five different “schedules” of CDS. Schedule five lists the ones that are the least dangerous, and can also include ones that are being used for medical reasons. Schedule 1 includes the substances that lead to addiction, abuse, and are proven to be dangerous and non-medicinal. The person doesn’t have to possess the drug itself. You can be in possession of the compounds needed in order to make the drug, and this still counts as possession of a controlled substance in Las Vegas, Nevada.

If you happen to have a medical prescription for the CDS you possess, you will be able to present this to the judge.

How Sentencing Works

Sentencing is determined based on the amount of offenses you have and in which Schedule they have taken place.

If you have a first offense of a CDS in Schedule 5 then you are looking at up to one year behind bars, and/or a fine that can reach as high as $5,000. Meanwhile, if it is your second or more offenses for the same CDS, then you will be sentenced to one year behind bars and possibly up to five years. The fine can still be as high as $5,000.

Schedule 4, 3, 2, and 1 CDS offences are grouped together, as they are more serious. If it is offense number one or two, you’ll be serving up to one year in prison and that same fine of up to $5,000 is applied. Meanwhile, if the offense is your third or more, then you could be behind bars for up to five years and you will certainly serve at least one. Your fine can also reach as high as $20,000.

Outside of the Schedule is gamma-hydroxybutyrate and flunitrezepam. If you are found guilty of possession of either of these, you will serve at least one year in jail and up to six years.

These are some pretty serious sentencing terms and are likely enough to make anyone feel scared. A local Las Vegas attorney can certainly prove to be quite useful with these cases. The attorney will look at your individual case, any repeat offense history you may have, and then they will be able to go over what your outcome will likely be. They can also direct you on how you should proceed. The attorney should be well-versed in Nevada’s own specific laws and sentencing structure. As well, you can do your own research on the Nevada Code regarding CDS to see which Schedule the substance you have been charged with possessing is found.

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