Trafficking in a Controlled Substance

Among the MOST serious drug related charges in Nevada is Trafficking in a Controlled Substance.

In Nevada, unlike in many different States, Drug Trafficking Cases do not require an “intent to sell” or “intent to distribute” element. Instead, as long as a certain amount of drugs are present, the intent to use the drugs for sale, as opposed to for personal use, is assumed.

In these cases, where there is a certain threshold amount of alleged controlled substance is found, the charge becomes what is known as “Trafficking in a Controlled Substance.” The charge of Trafficking infers that, because of the amount of illegal substances, there must be the intent to distribute. What is important to know is that in most cases, Trafficking in a Controlled Substance is a non-probationable offense. This means that if you are convicted for a Trafficking crime, you must go to Nevada State Prison. This makes the charge far more serious than the typical drug possession case.

Under NRS 453.3385, The penalties for most Drug Trafficking offenses in Nevada fall into three (3) categories: “Low Level,” “Mid Level” or “Large Level” trafficking.

• “Low-Level” Trafficking is where there is an allegation of at least 4 grams but less than 14 grams of a controlled substance. This crime is punishable by a “B” felony carrying 1-6 years in Nevada State Prison and a $5,000.00 fine. This is a non-probationable offense.
• “Mid-Level” trafficking is where there is an allegation of at least 14 grams but less than 28 grams (one ounce) of a controlled substance. This crime is punishable by a “B” felony carrying 2-15 years in Nevada State Prison and a fine of not more than $100,000.00. This is a non-probationable offense.
• “Large-Level” trafficking is where there is an allegation of at least 28 grams (one ounce) of a controlled substance. This crime is punishable by a “A” felony carrying 10-25 years, or a Life sentence with parole eligibility beginning at 10 years, in Nevada State Prison and a fine of not more than $500,000.00. This is a non-probationable offense.