Free consultation. Experienced defense. Clear guidance.

Drug Possession in Las Vegas

Possession cases are often defensible. The outcome usually turns on the stop, the search, the proof of possession, and how the substance is handled as evidence.

Online Scheduling

Button rotates automatically on each page load.

NRS 453.336Nevada · Possession not for purpose of sale

Possession of a Controlled Substance

Nevada criminalizes unlawful possession of controlled substances under NRS 453.336. The charge level and sentencing exposure depend on the substance, the case posture, and the person’s record.

Statute

Unlawful possession not for purpose of sale (NRS 453.336)

What it covers

Knowing or unlawful possession of a controlled substance

Charge level

Depends on substance and record

Defense focus

Search and seizure, knowledge, constructive possession, lab issues

Key statutory language (abridged)

NRS 453.336 prohibits unlawful possession of controlled substances, with penalties and treatment options that vary based on circumstances.

Nevada Legislature statute Drug trafficking DUI

How charges typically arise

Example fact patterns

Examples of factual situations prosecutors commonly rely on when filing charges. These are simplified summaries, details matter.

Drug possessionHow these cases usually get filed

Traffic stop turns into a search

An initial stop leads to questioning, a consent request, or a vehicle search. What the officer claims to smell or see often becomes the basis for the case.

Search incident to arrest

Someone is arrested on a warrant or a separate charge, and contraband is found during the search. The defense often focuses on the arrest basis and scope of the search.

Shared car, bag, or home situation

The substance is in a place used by more than one person. The state tries to prove constructive possession, which is often where the case breaks down.

Lab results and chain of custody become the case

What matters is not just what was found, but whether the state can prove what it was, how it was handled, and that it is the same item tested and introduced in court.

How to read this

These are common charging narratives, not determinations of guilt. Real cases turn on evidence quality, context, and credibility.

Defense playbook

Examples of defenses

Short, plain-English examples of defenses we look for. The right defense depends on the facts, the evidence, and how the case was built.

Drug possessionCommon defense themes

Illegal stop, search, or seizure

Fourth Amendment issues can decide the case. If the stop or search is unlawful, suppression can remove the key evidence.

No possession, no knowledge

Possession is not automatic just because something was nearby. The defense focuses on access, control, and whether the person knew it existed.

Constructive possession problems

Shared spaces create reasonable doubt fast. If multiple people had access, the state often struggles to prove who actually possessed it.

Lab testing, weight, and chain of custody

Testing errors, missing documentation, and custody gaps can weaken identification, weight thresholds, and the reliability of the state’s evidence.

How to use this

These are common defense themes, not legal advice for your case. The value is in comparing the allegations to the evidence and spotting what is missing, unclear, or contradicted.

Penalties overview

Potential penalties

A simplified overview of common penalty ranges. The real exposure depends on charge level, priors, enhancements, and how the case is filed.

Drug possessionPotential penalties and real-world consequences

Charge level

Varies by substance and facts

The schedule of the substance, quantity, and case circumstances can change whether a case is treated as misdemeanor-level or felony-level exposure.

Probation and treatment conditions

Common in many resolutions

Even when custody is avoided, conditions can include counseling, testing, classes, and compliance deadlines.

Jail or prison exposure

Possible depending on severity

Exposure depends on the filing level, record, and alleged conduct, including any enhancement allegations or intent-to-sell theories.

License and employment impact

Background checks and professional licensing

Drug charges can create employment and licensing issues, especially in regulated fields.

Immigration consequences

Potentially severe

Non-citizens should treat any drug-related allegation as high-stakes and get advice tailored to status and facts.

Important

Penalties can shift based on priors, alleged injury, and how the case is filed. A reliable range requires the exact charge, the complaint, and criminal history.

Possession charges overview

Nevada possession cases range from simple allegations to cases filed with escalation theories. The outcome usually depends on the stop, the search, whether the state can prove possession or knowledge, and the reliability of the evidence.

Early strategy is about locking down the record, identifying suppression issues, and preventing a weak case from turning into a harder case through avoidable statements or missed evidence.

Penalties by substance

Penalties are driven by what the state claims the substance is, how it is scheduled, the amount, and any allegation that changes the theory of the case.

Marijuana cases can look simple but still create real consequences depending on facts, venue, and record.
Schedule I and II allegations can be treated far more aggressively, and weight and lab proof can become the entire fight.
Prescription-drug allegations often turn on proof of lawful possession and documentation, plus how the item was found and attributed.

Felony vs. misdemeanor

The dividing line is usually substance category, quantity, and case posture. Felony filings create prison exposure and longer-term collateral consequences. Misdemeanor outcomes can still involve disruptive conditions and background-check issues.

A key defense question is whether the state can prove the substance, the amount, and the required mental state, using admissible evidence.

Defenses we use

Drug cases are won on details. We look for suppression issues, possession proof gaps, and evidence reliability problems.

Challenging unlawful searches and seizures
Attacking constructive possession claims
Testing lab procedures, chain of custody, and weight thresholds
Pushing diversion, treatment, or reduced filings when appropriate

What to do next

Do not speak with police or prosecutors without counsel. Early intervention can affect whether evidence is preserved, whether suppression issues are raised on time, and whether the case resolves through dismissal, reduction, or treatment-based options.

If there is video, dispatch audio, body-worn camera, or surveillance, it should be requested quickly. If you have messages, receipts, prescriptions, or other documents that matter, preserve them now.

Quick options

DRUG POSSESSION

Flat fee: Case-specific

Starting down: Payment plans

Pricing

Reviews

Charged with drug possession?

Hundreds of 5-star reviews

DRUG POSSESSION

Flat fee: Case-specific

Starting down: Payment plans

Pricing Reviews