Las Vegas Drug Regulations: A General Overview
The drug laws in Las Vegas are influenced by both state and federal legislation. With the legalization of medical marijuana in Nevada in 2001 and recreational cannabis in 2017, Las Vegas has seen a shift in laws as well as public attitudes about illegal drugs, prompting the question: just what are the drug laws in the Las Vegas area?
The legal framework surrounding drug regulation in Las Vegas is reflective of an intersection of local, state and federal law, the latter of which includes the Controlled Substances Act of 1970 (CSA). Federal law classifies drugs into five categories, or "schedules", ranked by the perceived danger and potential for abuse.
In the Las Vegas area, the state laws tend to be the most relevant – the CSA does not typically apply to petty offenses, or cases involving misdemeanor drugs such as marijuana, cocaine, methamphetamine, and heroin, as the feds usually reserve their powers for the big fish, so to speak.
Although neither the state or federal government allow for any schedule I drugs (considered most dangerous and with no accepted medical use, such as heroin or LSD) for any reason, under Nevada state law possession of a schedule I drug for personal use is a misdemeanor, with a possible jail sentence of up to one year and/or a fine of up to $2000 .
Given the fact that the Las Vegas area is surrounded by vast desert with limited access to services like rehabilitation programs, offenders charged with a first-time petty drug crime may be eligible for a diversionary program instead of incarceration; completion of the program typically leads to charges being dropped.
For a first-time petty drug charge, offenders are not subject to asset forfeiture, and there is no minimum or maximum for restitution of drugs. The offender may be responsible for the costs of his or her own drug testing, though.
An interesting side note – for the purpose of a petty drug charge in Las Vegas, drugs like cocaine and methamphetamine are treated the same as marijuana.
For possession of a schedule II, III, IV, or V drug in Las Vegas, the offender is looking at six months in the county jail and no more than 2k in fines – however, two or more convictions can lead to higher fines and longer jail sentences.
Possession of cocaine, methamphetamine, heroin, and other schedule I or II drugs is considered a category D felony in Las Vegas, with state prison terms that range from 1-4 years and fines of up to $5000.
With the exception of marijuana, distribution of all drugs in Las Vegas is considered a category B felony that may have state prison terms of 2-15 years if the offender have no prior convictions; otherwise, the current crime is considered a category C felony, with up to 5 years in state prison possible.
Possession with the intent to distribute a large amount of drugs is considered a category A felony, with potential life sentences on the table.
Legit Drugs v. Illicit Substances
Las Vegas, well known for its vibrant nightlife and plethora of entertainment, also presents itself as a relatively liberal city concerning drug use. However, what exactly can you possess in our fair city and what is beyond the pale?
The first and most important thing that you need to know is that you do have a couple of options when it comes to legal recreational drugs in Las Vegas. Marijuana use in the entertainment capital of the world is legal, as long as you follow some very basic rules. You cannot possess over 2.5 ounces of cannabis at any given time, and the maximum potency you are legally allowed to have in your possession cannot be over 10 mg of THC.
While Las Vegas has begun to allow recreational marijuana use for residents and visitors alike, all other drugs are considered illegal across the board and the penalties for being found in the possession of any amount of illegal drugs are severe. Possessing a small quantity of a Class A drug can cost you around $300 and even if you are caught with cannabis that is more than 2.5 ounces, you are haivng to pay a $600 fine.
Very serious offenses call for felony charges, and those can be administered for possessing larger quantities of illegal drugs. If you are found in possession of 4 to 14 grams of a Class B drug or 28 to 200 grams of a Class C drug, you might be facing a minimum of one year in a state prison.
Cannabis usage is another game entirely and the fines for violating marijuana laws range from very low ($300 or less) to astronomical (up to $600). If you are really stupid and think that you can take an illegal amount of marijuana into Las Vegas, you could end up paying that fine every week for a year with the maximum penalty for carrying over 100 times the legal limit of cannabis being a cool $20,000.
Be smart. We don’t want to see you in jail, and they don’t call it Sin City just for fun.
Drug Possession and Its Consequences
In Las Vegas, the punishment for possessing drugs depends on the type and quantity of drug (NRS 453.336). The more dangerous the drug or the larger the amount, the more severe the punishment.
Drugs, narcotics, and controlled substances are divided into three categories:
- Schedules I through V – drugs that have been classified by drugs listed in the federal Controlled Substances Act and Nevada’s Uniform Controlled Substances Act;
- intoxicating substances such as alcohol and marijuana; and
- drug paraphernalia items including pipes, needles, bongs, and roach clips.
Nevada law criminalizes the possession of all three types of drugs to varying degrees. So although laws may change over time, it is always a good idea to consult knowledgeable legal counsel.
Schedule I drugs are the most highly regulated (and dangerous) category of drugs. They are illegal to possess in any amount. Unless you have a valid medical marijuana card, possessing even a tiny amount of marijuana in Nevada can be a crime. Taking heroin, ecstasy, LSD, or other Schedule I drugs, even just once, can either land you in prison or ruin your career.
Schedule II and III drugs include opiates like too much codeine or oxycodone. Penalties for possessing these drugs include:
1) up to four years in prison; and
2) a fine of $20,000.
Schedule IV and V drugs include barbiturates, Quaaludes, and Valium. Penalties for possessing these drugs are:
1) up to four years in prison; and
2) a fine of $5,000.
Possessing intoxicating substances is an unclassified misdemeanor. A conviction for violating this statute can result in:
1) up to six months in jail; and
2) a fine of $1,000.
Possessing paraphernalia is also a misdemeanor which can result in
1) up to six months in jail; and
2) a fine of up to $1,000.
Laws Against Drug Trafficking and Drug Dealing
Trafficking of the "big three" : heroin, cocaine, and methamphetamine is a serious felony in Las Vegas. Trafficking happens when a person is caught unlawfully bringing into the state, or delivering, 4 grams or 28 grams (1/8 ounce), or 50 grams or more of one of the big three.
Trafficking of 4-28 grams is a category D felony punishable by:
Trafficking of 50-300 grams of the big three is a category B felony punishable by:
Trafficking of 300 grams or more of the big three is a separate offense that falls under category D, but the penalties are significantly higher. The penalty for possessing 300 grams of the big three is:
Trafficking means selling, making, growing, importing, transporting, etc. So dealers, cooks, and growers are all in violation. Note that it is trafficking to simply possess a large enough amount of a controlled substance, even if the possessor had no intention of selling.
Medical Marijuana and Prescription Medication
Doctors and pharmacies heavily regulate prescription drugs, which treat a variety of ailments with many types of substances. As of October 1, 2013, marijuana is legal with a doctor’s prescription in Las Vegas. But, it must be obtained from a licensed facility. Patients can buy marijuana products from state-approved stores once they receive a card. They must pass a background check for any drug felony convictions, and people from out of state cannot use their cards here.
Your Las Vegas defense attorney can help you find your way through this issue. Obtain a marijuana card first in Clark County, and then apply with the Nevada Department of Health. Nevada voters approved a law in November 2000 that allows patients to obtain and use marijuana with prescriptions. But, the Drug Enforcement Agency (DEA) classifies marijuana as a Schedule I substance, according to DEA. Along with marijuana, other Schedule I substances include heroin and ecstasy.
Those with a doctor’s prescription can use marijuana to treat illnesses like cancer, HIV/AIDs, chronic pain, spasms and nausea. Doctors also can prescribe other medicines (some of which may include substances on a list that our Las Vegas marijuana defense attorneys mention below). Patients need to understand that they can never sell, distribute or give away marijuana. There can be no reimbursement.
Patients also cannot drive under the influence of medical marijuana. Their prescriptions must come from a Nevada doctor: people cannot use doctors who are not licensed by the state. Also, patients cannot smoke medical marijuana, which comes in edible forms, oils, capsules and tinctures. Patients can make the oils and tinctures themselves. In 2011, 38 people received citations for trafficking illegally imported hemp oil, according to the Nevada Cannabis Industry Association. So, processing marijuana without a license could get someone in trouble.
As of January 1, 2014, people can possess up to 7 ounces of marijuana for personal use . They may not have six plants at a time. People can use medical marijuana on school grounds, but they cannot do so within 1,000 feet of a daycare center. People with valid medical prescriptions also may buy medical marijuana at retail stores or cooperatives once the stores are up and running. Medical marijuana is legal in many other states around the country.
Patients with prescriptions for some medications with legalized substances (a.k.a. "club drugs") may want to think about how to take their medicine in Las Vegas. This is particularly important when the substances in question may be illegal drugs. If authorities catch people in possession of the following substances without a prescription, the results could be devastating:
Club drugs are different from the substances on our list. Also, these drugs’ active ingredients have not been tested by the FDA, according to the National Center on Addiction and Substance Abuse. Of course, many of these drugs still remain legal. But, the laws change frequently.
Your Las Vegas marijuana defense lawyer can help you make sense of it all. They are nonprofit organizations that lobby for the legalization of marijuana and the end of criminal penalties for those who use it. They play a role in Las Vegas and regularly survey their members’ views. For example, in one survey, they found that 61% of medical marijuana users received their prescription because of chronic pain. Las Vegas marijuana defense attorneys can point you in the right directions within NEVADA NORML. Several chapters exist around the state that focus on various advocacy issues.
Outside of Las Vegas, you can buy marijuana from any of 525 marijuana dispensaries, according to InsideGov. The number has increased since previous reports, like the one from the Reno Gazette-Journal in March 2015, when 30 stores opened. The stores can grow marijuana in greenhouses or in homes. And, Nevada allows both medical and recreational marijuana.
Drug-Free Zones and Associated Penalties
The Las Vegas Valley is home to a number of schools (elementary, middle, high and post-secondary) and of course, we have the infamous "Strip" which is littered with resorts and hotels. A significant portion of our valley’s population lives within a close vicinity of these establishments, so all of these areas are lawfully designated as "drug free zones." Under current Nevada law, possessing drugs with the intent to sell, selling, and distributing drugs are considered category B felonies. If you are convicted of one of these crimes, the penalty range for these crimes is one to six years in Nevada state prison and a fine from $5,000 to $20,000. However, if you are convicted of one of these crimes in a drug free zone, that is enhanced to two to 15 years in prison. This includes the sale or distribution of drugs to someone who was under the age of 18, even if the sale or distribution takes place outside of a drug-free zone. In addition to the jail and prison sentencing for drug free zone sales, pleas made pursuant to NRS 453.337 concerning the plea discussions may have no less than five (5) years in prison or a fine of $25,000. No parole, probation, or suspended sentence shall be granted until the convicted person has served at least five years in prison. There are also mandatory minimum sentences for the other above-mentioned drug crimes. The aforementioned cases can be complex due to the nature of the crime. If there are multiple dealers in a community you may find that you will become confused as to who to represent in any given case. A common problem in drug trafficking/drug dealing offenses is undercover and traffic stop police stings. In some cases, there are layers upon layers of dealers/dealers trying to implicate each other. When a plea is struck, the alleged undercover officers ("C.I.s" defendant informants) may be obtained. Depending on the C.I. convictions may not take place. This aspect is where representation becomes crucial, in that, you must know who to ask the right questions of in order to help your client. A common misconception concerning drug trafficking offenses is Nevada State law. Most states have law enforcement consequences of the alleged crimes. They tend to base the law as to the amount that is sold and/or bought. The laws concerning drug trafficking in Nevada are based more on the actual type of drugs involved. This is why we do not recommend that persons seek lawsuits against legal medical marijuana.
Drug Rehabilitation and Legal Options
Drug Rehabilitation in Las Vegas:
The Las Vegas Municipal Court offers alcohol and drug rehabilitation programs to individuals who have been charged with drug-related crimes. These programs vary in strictness and may be court-ordered as part of a person’s plea deal or may be voluntary. The saying, "an ounce of prevention is worth a pound of cure," definitely applies to addiction and substance abuse, and the time for such a person to get the help that they need is once they get charged with a crime.
Actions Beyond Criminal Charges:
Criminal charges could be just the impetus that a person with an addiction needs to finally get the help that they need. Courts want to stop people from becoming addicted to drugs and alcohol and are happy to give them the chance to obtain treatment instead of sending them to jail. Please do not mistake this as an endorsement of criminal conduct. However, if you or a loved one has been arrested in the Las Vegas area for a drug charge, rest assured that there are alternative sentencing and diversionary programs available so that you do not have to go to prison for a mistake.
Hiring a Lawyer
Aside from the legal implications, drug charges can have a devastating effect on employment and other aspects of your life. If you have been charged with possession, distribution, or any other drug crime in Las Vegas, it’s crucial to enlist the help of an experienced Nevada criminal defense lawyer.
Depending on the type of drug charge you are facing, you could be up against severe penalties including imprisonment, probation, restrictive drug testing, or fines. To avoid facing these harsh penalties and to make certain you can effectively fight the charges against you, you must retain the services of a qualified criminal defense attorney.
If you have been arrested and charged in Las Vegas, it’s important that you find a lawyer who has specialized knowledge of Nevada drug laws. Because laws around drug charges vary wildly across the country—which makes Las Vegas unique—having an attorney who has a clear understanding of the local laws is imperative.
When searching for an attorney , it’s also in your best interest if you can find someone who has previously represented clients in cases like yours. Having a lawyer who has experience with the local courts and laws will ensure you have the best chance of obtaining a favorable outcome in your case.
Moreover, having a lawyer who specializes in drug charges will grant you access to an expert legal team that has dealt exclusively with similar drug cases and the possible outcomes that can stem from each.
Once you have retained an attorney, you will be guided through the entire legal process—from courtroom appearances to providing legal advice and documentation—ensuring you remain protected at all times.
What’s more is that having an attorney by your side not only helps you understand the drug laws and penalties that you may encounter throughout the legal process, but your lawyer will also fight to make sure you receive a fair trial in front of a judge or jury.