Possession of Drug Paraphernalia

Nevada Crime of Possession of Drug Paraphernalia (NRS 453.560 & NRS 453.566)

Even though Nevada, and especially Las Vegas, is known as a place to party, activities like carrying a roach clip or owning a bong carry serious penalties and fines in Nevada, even if no drugs are present when the police find the paraphernalia.

Because a drug conviction can make your life difficult in the future when it comes to passing a background check for employment, for example, you should hire a Las Vegas criminal lawyer with experience in handling Nevada drug cases as soon as you can.

What is considered drug paraphernalia in Las Vegas, Nevada?

Drug paraphernalia in Nevada is any item, equipment, material, or product that can be used to

• make or manufacture;
• store or conceal;
• smoke or do drugs in any way; any
• any kind of equipment or materials intended for the manufacture, storage or ingestion of illegal drugs.

This is a broad definition which helps law enforcement and prosecutors say that almost anything is drug paraphernalia. The courts limit this definition by also considering these factors:

• whether the person with the paraphernalia has any prior convictions;
• how the paraphernalia was stored or put out for sale;
• how close the paraphernalia is to narcotics;
• whether there is residue like ashes on the items which suggest that drugs were in or near them;
• what witnesses have to say about the items; or
• any other evidence that can help the court determine whether an item is drug paraphernalia.

What is the legal definition of possession of drug paraphernalia in Nevada?

A conviction for doing any of the following is a Category E felony in Nevada:

• delivering;
• manufacturing; or
• possessing with intent to sell, deliver, or manufacture

any drug paraphernalia knowing that it will used to:

• store;
• produce; or
• use illegal drugs.

Las Vegas penalties for possession of drug paraphernalia

Possession of drug paraphernalia for sale, delivery, or manufacture, is a Category D felony offense carrying 1 to 4 years in prison and up to $5,000 in fines.

The penalty increases to a Category C felony if someone over the age of 18 delivers the drug paraphernalia to someone under the age of 18 who is also younger by more than three years. A Category C felony carries 1 to 5 years in a Nevada prison, up to $10,000 fines, and payment for the minor to take a drug abuse class.

Possessing drug paraphernalia for your own use

The penalties are less severe if you are convicted of possessing drug paraphernalia with the intent to use it yourself, so it is important to hire a Las Vegas drug charge attorney who knowns how to show that you did not intend to sell or distribute the paraphernalia. Possession of drug paraphernalia for personal use is misdemeanor with no more than 6 months in jail and up to $1,000 in fines.