Drug-related crimes are some of the most heavily prosecuted in Nevada. With convictions leading to extended prison sentences, large fines and looming criminal records, you need to know your rights and to have a strong criminal defense attorney on your side.
Drug Trafficking Definitions
Legally speaking, charges of trafficking in Nevada include knowingly selling, manufacturing, possessing or transporting drugs defined as schedule I or schedule II controlled substances. In addition to breaking Nevada laws, drug trafficking is also considered a federal crime.
Schedule I controlled substances are known for their high incidences of abuse and addiction. These drugs have no accepted medical uses, so they are typically prosecuted and assessed with the harshest penalties. The most common drugs in Nevada include:
- LSD, or “acid”
- GHB, or “the date rape drug”
- Marijuana, or “weed,” “pot,” cannabis
Slightly less dangerous are the schedule II drugs (NRS 453.3395). Although these substances have an equally high potential for abuse, there are acceptable medical uses for these drugs. However, most carry strong restrictions due to the likelihood of psychological or physical dependence. The most frequently prosecuted schedule II drugs are:
- Methamphetamine, or “speed,” “crank,” crystal meth
Drug Trafficking Penalties
Consequences of drug trafficking convictions vary depending on the level of controlled substance and the amount trafficked in the case.
Those with charges based on schedule I substances face the harshest penalties:
- If the amount of trafficked drugs weighs at least 4 grams but less than 14 grams, the potential penalties are 1 to 6 years in prison and a fine of up to 50,000 dollars.
- If the amount of drugs is at least 4 grams but less than 28 grams, the consequences increase to 2-15 years in prison and a fine of up to 100,000 dollars.
- If the total weight of the trafficked is 28 grams or more, the penalties are 25 years to life in prison with the possibility of parole after 10 years and a fine of up to 500,000 dollars.
The schedule II controlled substance drug trafficking penalties vary slightly:
- If the amount of narcotics weighs at least 28 grams but less than 200 grams, the penalty is 1-5 years in prison and a fine of up to 50,000 dollars.
- If the total weight of drugs is at least 200 grams but less than 400 grams, the consequences are 2-10 years in prison and a fine of up to 100,000 dollars.
- If the trafficked drugs weight 400 grams or more, the punishment is 15 years to life in prison with the possibility of parole after 5 years and a fine of 250,000 dollars.
Drug trafficking of marijuana carries a different set of penalties than the schedule I and II substances in Nevada:
- If the trafficked marijuana is at least 100 pounds but less than 2,000 pounds, the punishment is 1-5 years in prison and a fine of up to 25,000 dollars.
- If the drugs weigh at least 2,000 pounds but less than 10,000 pounds, the penalties are 2-10 years in prison and fine of up to 50,000 dollars.
- If the trafficked marijuana weights 10,000 pounds or more, the punishment is 15 years to life in prison with the possibility of parole after 5 years and a fine of up to 200,000 dollars.
Drug Trafficking Defense Strategies
Being convicted of a serious narcotics crime such as drug trafficking can remain on your criminal record permanently. A single criminal sentence could affect your chances for college admission, your employment eligibility and your other future endeavors. You need a competent criminal defense attorney who can help you understand the charges and who can help you face them in court. Your legal representation can help you put your best foot forward, making sure that the judge or jury considers:
- Whether any of your rights have been violated
- The nature and extent of your involvement
- Your assistance throughout the investigation
- Your truthfulness, reliability and overall testimony
- Any potential injury or risk to yourself or your family due to your assistance
Contact the Weiner Law Group right away at 702-202-0500 to begin discussing the facts and specific details of your case so that we can provide you with the best possible criminal defense.