Arrested for Drugs in Las Vegas? Learn the Difference between Possession and Intent to Distribute

Getting caught with drugs in Las Vegas is always a serious situation. However, there’s a difference between being charged with “simple possession” and being charged with “possession with intent to distribute”.

Will You Be Charged with Simple Possession or Intent to Distribute?

The charge you face will depend on a few things.

• Simple possession means you had a controlled substance for your own personal use. Under Nevada law, the severity of the charge depends on the type of drug and the amount, but first-offense simple possession is usually charged as a misdemeanor or low-level felony, with options for treatment programs and reduced penalties.
• Possession with intent to distribute is a different animal. Nevada Revised Statutes treat drug trafficking as a Category B or Category C felony. We’re talking about fines reaching $50,000 or more, mandatory prison time, and a felony record.

What Separates Possession from Intent to Distribute?

There’s no line in Nevada law that says “X grams equals intent to distribute.” Each case is unique.

• Quantity is the most obvious factor. The more of a substance you’re found with, the harder it is to argue that you had it just for personal use. Nevada law does establish some threshold quantities. For example, four grams or more of heroin or cocaine, or 28 grams or more of methamphetamine will mean you’ll face trafficking charges automatically, regardless of what you say about your intentions.
• Packaging matters a lot, too. Drugs divided into multiple bags or bindles look like you intend to sell them, while a quantity stored together is more consistent with personal use.
• Anything you have with you (paraphernalia) will also play a role. For instance, if you have a single pipe or syringe, that supports personal use. However, if you’re carrying scales and a lot of cash, it looks more like you intend to sell the drugs.
• Prosecutors can use text messages and phone records to show transactions or coded communication about sales.

What the Type of Drug Means

“Scheduling” means the category that the drug falls into. Schedule I drugs carry the steepest penalties. Schedule II substances, which include cocaine and methamphetamine, aren’t far behind. Even Schedule III and IV drugs can mean serious charges.

Marijuana is different in Nevada since adult recreational use is legal. However, that doesn’t mean you can carry as much as you want. Having more than one ounce in public is still a crime.

Get the Help You Need

If you’ve been arrested on drug charges, the most important thing you can do is not assume the charge is fixed. Prosecutors don’t always have clear evidence, and the line between possession and distribution is often contested.

If you’re facing drug charges in Las Vegas, you need a defense attorney who understands how Nevada prosecutes these cases. Contact CEGA Criminal Law Group today for a consultation.