Possession of a Controlled Substance with Intent to Sell
The punishments change, and change for the worse, when there is an allegation from the police or the prosecutor that drugs were possessed for the purpose of sale or distribution.
A person can be charged with the intent to sell or distribute based on many factors, including the amount of the alleged illegal substance found, the packaging the alleged drugs were contained in, other items found in the vicinity of the alleged controlled substances (scales, bottles, guns, cash, etc.), statements from suspects and witnesses and many other factors.
One important thing to know about charges related to the sale or intent to sell of controlled substances is that each subsequent conviction, the charges are enhanceable. This means that if convicted for a second or third time, a charge of possession of a controlled substance with the intent to sell becomes a mandatory prison offense. You won’t be eligible for probation.
As stated above, the law in Nevada makes it illegal to “possess a controlled substance for sale.” As common sense would dictate, possession for sale is a more serious crime than possession for personal use. Nevada Revised Statute 453.337 (NRS 453.337) makes it unlawful to possess a controlled substance for the purposes of sale. The law -- or “statute” -- states that:
It is unlawful for a person to possess for the purpose of sale and provides the following penalties:
For a FIRST OFFENSE, a category D felony. A category D offense under this section is a Felony which provides for a minimum sentence of not less than 1 year and a maximum term of not more than 4 years and a fine of up to $20,000.00
For a SECOND OFFENSE, or if, in the case of a first conviction of violating NRS 453.337 (Possession of a Controlled Substance with Intent to Sell in Nevada) AND the person charged has previously been convicted of a felony under the Uniform Controlled Substances Act (or the equivalent offense in any State) for a category C felony. A category C offense under this section is a Felony which provides for a minimum sentence of not less than 1 year and a maximum term of not more than 5 years and a fine of up to $20,000.00. More importantly, a conviction for a SECOND offense under this statute (or law) is NON-PROBATIONABLE meaning the judge MUST send you to prison if convicted.
For a THIRD OR SUBSEQUENT OFFENSE, or if the person charged has previously been convicted two or more times of a felony under the Uniform Controlled Substances Act (or the equivalent offense under the laws any State) for a category B felony. A category B felony offense under this section is a Felony which provides for a minimum sentence of not less than 3 years and a maximum term of not more than 15 years and a fine of up to $20,000.00. A conviction for a THIRD offense under this statute (or law) is NON-PROBATIONABLE meaning the judge MUST send you to prison if convicted.
For these reasons, it is imperative that you contact a competent, trained Nevada drug crimes attorney to assist you with your case, find the best defenses and help you get the best result you possibly can.
Contact Attorney Josh Tomsheck, of the Law Firm of Hofland & Tomsheck, today for a Free Initial Consultation on how best to handle your drug case. Mr. Tomsheck will work with you personally to ensure your case gets the attention it deserves and you get the right outcome. We are available during regular business hours and can be reached 24/7 in the case of an emergency. Call (702) 895-6760 or e-mail us to schedule an appointment.