Possession of a Controlled Substance
The law in Nevada makes it illegal to “possess a controlled substance.” Specifically, Nevada Revised Statute 453.336 (NRS 453.336) makes it unlawful to possess a controlled substance, even if not for the purposes of sale. The law -- or “statute” -- states that:
1. A person shall not knowingly or intentionally possess a controlled substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician, optometrist, advanced practitioner of nursing or veterinarian while acting in the course of his or her professional practice, or except as otherwise authorized by the provisions of NRS 453.005 to 453.552, inclusive.
The Punishment for violating NRS 453.336 as a FIRST or SECOND OFFENSE is:
… If the controlled substance is listed in schedule I, II, III or IV, is a category E felony. A category E felony provides for a minimum prison sentence of not less than 1 year and a maximum term of not more than 4 years in the Nevada Department of Corrections. However, in some circumstances, the Court must grant a person convicted of an “E” felony probation, also known as a suspended sentence. To determine if your case involves a mandatory probation sentence, contact attorney Josh Tomsheck today.
If you are placed on probation for a PCS violation of NRS 453.336, there are numerous conditions you may face, including, but not limited to, requiring the person to serve a term of confinement of not more than 1 year in the county jail, drug court, curfew, community service, inpatient or outpatient drug classes, narcotics or alcohol anonymous meetings, fines and the like. In addition to those penalties, the Court can impose a fine of up to $5,000.00.
The Punishment for violating NRS 453.336 as a THIRD OFFENSE for any violation of the Uniformed Controlled Substances Act is:
… if the controlled substance is listed in schedule I, II, III or IV, is a category D felony. A category D felony provides for a minimum sentence of not less than 1 year and a maximum term of not more than 4 years. Unlike a category “E” felony, a category “D” felony is NOT mandatory probation. A third offense PCS charge in violation of NRS 453.336 can also require a fine of up to $20,000.00
If you are charged with a violation of NRS 453.336 for Possession of a Controlled Substance (“PCS”) you need a knowledgeable an experienced criminal defense attorney in Las Vegas who knows the charges you are facing and the potential defenses to those charges. Attorney Josh Tomsheck, at the law firm of Hofland & Tomsheck, is a former Chief Deputy District Attorney and has handled literally hundreds of cases involving the possession of a controlled substance.
To ensure that you get the best representation possible for you, or a loved one facing charges such as “PCS” pursuant to NRS 453.336, call our office immediately.