Transport of a Controlled Substance

It is illegal in Nevada to transport, sell, dispense, import, or manufacture a controlled or counterfeit substance without being an authorized person, such as a physician, other person with prescribing authority, pharmacist, or pharmaceutical manufacturer. It is also illegal to offer or attempt to do any of these with controlled substances.

This is also known as drug trafficking or drug delivery.

If you have been accused of or charged with this crime, contact our office today to speak with an attorney who can review and discuss your case.

The sentences for transporting a controlled substance can vary widely, depending on the number of offense and the schedule of the controlled substance. The scheduling order in Nevada is as follows:

• Schedule I
  • Has high potential for abuse
  • Has no accepted medical use in treatment or lacks accepted safe for use in treatment under medical supervision
  • Examples include heroin, marijuana, LSD, ecstasy, and peyote
• Schedule II
  • Has high potential for abuse
  • Has accepted medical use in treatment or accepted medical use with severe restriction
  • Abuse of the substance may lead to severe psychological or physical dependence
  • Examples include cocaine, hydrocodone, methamphetamine, methadone, Dilaudid, fentanyl, oxycodone, and Adderall
• Schedule III
  • The potential for abuse is less than Schedules I and II
  • Has currently accepted medical use in treatment
  • Abuse of the substance may cause moderate or low physical dependence or high psychological dependence
  • Examples include Tylenol with codeine, ketamine, testosterone, and anabolic steroids
• Schedule IV
  • Has a low potential for abuse relative to Schedule III substances
  • Has a currently accepted medical use in treatment
  • Abuse may cause limited physical dependence or psychological dependence relative to Schedule III substances
  • Examples include Xanax, Valium, Ativan, Ambien, and tramadol
• Schedule V
  • Has a low potential for abuse relative to Schedule IV substances
  • Has currently accepted medical use for treatment
  • May lead to limited physical dependence or psychological dependence relative to Schedule IV substances
  • Examples include Robitussin AC and Lyrica

NRS 453.166 through 453.206

Your Las Vegas Criminal Defense lawyers will know what schedule a substance is and what the likely sentence is based upon that.

If the substance is a Schedule I or II substance, this is graded as a Category B felony. For a first offense, the sentence is imprisonment in the state prison for a minimum of one year to a maximum of six years, a maximum fine of $20,000.00, or any combination of both.

For a second offense, the sentence is imprisonment in the state prison for a minimum of two years and a maximum or ten years, a fine of $20,000.00, or some combination of both.

For a third or subsequent offense, the sentence will be imprisonment in the state prison for a minimum of three years to a maximum of fifteen years, a fine of $20,000.00 for each offense, or any combination of both. The judge is prohibited from sentencing a person to probation for a second, third, or subsequent offense.

It is important to note that even if a conviction is the first under this subsection, the Defendant has a prior conviction in any state, territory, district, or federal jurisdiction that would constitute an offense of transportation of a controlled substance under this subsection, this will be treated as a second offense for sentencing purposes.

Similarly, if a person has two or more convictions of drug trafficking in any other jurisdiction but this is their first Nevada conviction, they will be sentenced as if it is a third or subsequent offense.

If the controlled substance is a Schedule III, IV, or V, the sentences are lower. For a first offense, it is a Category C felony. A second offense is a Category B felony and the sentence is imprisonment for a minimum of two and a maximum of two years, and a $15,000.00 fine. A third or subsequent offense is a Category B felony punishable by two years to fifteen years in the state prison and a fine of $20,000.00 for each offense. Again, the judge may not sentence a defendant to probation for a second, third, or subsequent offense.

The penalties are harsher if the controlled substance is transported to a minor and this is a second or subsequent offense, or if the controlled substance delivered results in the death of a person who used the controlled substances. You and your attorney can discuss if one of these scenarios is applicable.

Nevada Criminal Justice System for Drug Cases

The first step in any Nevada criminal court case is the arraignment. At the arraignment, the Defendant will plead not guilty, guilty, or no contest. Your attorney can help explain all of the potential outcomes to you, guide you through the process, and make recommendations specific to your case and your situation.

If you plead guilty or no contest, the next step is the pretrial conference. At the pretrial conference, the prosecutor will make a recommendation for sentencing based upon the severity of the crime (what schedule of controlled substance was being transported and what amount of controlled substance there was), whether this was a first drug transport offense, and the Defendant’s criminal history as a whole. If the Defendant rejects the offer made by the prosecutor at this step, the case will proceed to trial. The case also goes directly to trial if the Defendant pleads not guilty at the arraignment.

During the pretrial phase, your attorney and the prosecutor will exchange documents, photos, and anything else in discovery, your attorney will hire any necessary expert witnesses to testify at trial, and your attorney will plan the best strategy and prepare the best defense for your trial.

There are several potential defenses to charges of transportation of a controlled substance, including an illegal police search or personal use and lack of intent to transport, and your attorney will be able to talk you through them and decide if any are applicable to your case.

It is important to hire the best attorney as early as possible in the process to ensure that your rights are protected and that you receive the best possible outcome. Call us today for a free consultation so that we can begin working on your case.