Drug Possession with Intent to Sell / Distribute Charges in Las Vegas

If you have been charged with possession of a controlled substance with intent to sell in Las Vegas, you could face serious penalties and repercussions if convicted of this offense. Punishments for a felony drug possession with intent to sell charge can include a lengthy prison sentence, steep fines, a criminal record, and/or an inability to vote or possess a firearm.

Nevada law enforcement officers often attempt to trump up the charges to this more serious offense instead of just arresting the person for simple drug possession charge. The officers will generally look for certain types of evidence to support the allegations including drug paraphernalia, the defendant’s statements, large quantities of controlled substances, possession of large amounts of cash or currency, plastic bags or other packaging items, cash, scales or other devices used to weigh drugs.

If you have been charged with possession of a controlled substance with intent to sell or distribute, it is important to contact an experienced Las Vegas controlled substance attorney who will make every effort to have your charges reduced to a lesser offense.

Las Vegas Possession of Drugs with Intent to Sell Lawyer

If you have been charged with possession of drugs with intent to sell in Las Vegas, or any of the surrounding areas in Nevada, including Henderson, North Las Vegas, Boulder City, Mesquite, Laughlin, Paradise, Spring Valley, Sunrise Manor, Enterprise, Winchester, Whitney or Summerlin South, contact the Law Office of Joel M. Mann.

Joel Mann is an experienced drug defense lawyer in Las Vegas and will make every effort to achieve the best possible outcome in your particular situation. Call the Law Office of Joel M. Mann at (702) 474-6266 to schedule a free consultation about your alleged drug possession with intent to distribute offense.

Possession of a Controlled Substance for the Purpose of Sale in Nevada

According to NRS 453.337, an individual can be charged with unlawful drug possession for the purpose of sale if they possess any schedule I or II controlled substances, narcotics and/or illegal drugs for the purpose of sale.

As defined in NRS 453.338, an individual can be charged with unlawful drug possession for sale if they possess any schedule II, IV or V controlled substance, narcotic and/or illegal drug for the purpose of sale.

Law enforcement officers will frequently look for certain evidence, such as plastic bags, scales, balances, packaging products, cash, drug paraphernalia, or even the quantity of the drugs in order to charge the alleged offender with possession of a controlled substance with the intent to sell or distribute.

The statute proscribing possession with an intent to sell provides that “it is unlawful for a person to possess for the purpose of sale … any controlled substance classified in schedule I or II.” NRS 453.337(1).

NRS 453.337(1), unlawful possession for sale, provides that “[e]xcept as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to possess for the purpose of sale … any controlled substance classified in schedule I or II.”

In many of these cases, the criminal defense attorney is fighting the case for a reduction to less serious charges such as simple possession. The possession statute simply provides that “[a] person shall not knowingly or intentionally possess a controlled substance.” NRS 453.336(1). NRS 453.336(1), unlawful possession not for purpose of sale, provides that “a person shall not knowingly or intentionally possess a controlled substance.”

Las Vegas Penalties for Possession of Drugs with Intent to Sell

A conviction for possession of controlled substances for the purpose of sale can result in severe penalties; however, these punishments will vary depending on the type of substance, what schedule the drug is categorized in, where the offense took place, and whether the alleged offender has previously been convicted of a drug offense.

If the substance is a Schedule I or II substance, such as GHB, cocaine, heroin, ecstasy or LSD:

  • A first conviction for a drug possession with intent to sell can result in a category D felony, which is punishable by 1 to 4 years in prison and/or a fine up to $5,000.
  • A second conviction for possession of a controlled substance with intent to distribute can result in a category C felony, which is punishable by 1 to 5 years in prison and/or a fine up to $10,000.
  • A third conviction for possession of drugs for the purpose of sale can result in a category B felony, which is punishable by 3 to 15 years in prison and/or a fine up to $20,000.

If the substance falls into a Schedule III, IV or V, such as codeine, Valium, Xanax or cough suppressant:

  • A first or second conviction for possession of a controlled substance with intent to sell can result in a category D felony, which is punishable by 1 to 4 years in prison and/or a fine not exceeding $10,000.
  • A third or subsequent conviction for drug possession with intent to distribute can result in a category C felony, which is punishable by 1 to 5 years in prison and/or a fine up to $10,000.

Defenses to Possession of a Controlled Substance with Intent to Sell in Nevada

Depending on the facts of your particular case, your drug defense attorney may be able to identify defenses or mitigating factors that are applicable to your situation.

These defenses and factors can often result in a reduction or even dismissal of your charges. However, they are not available in every case, so it is important to consult with an experienced drug defense lawyer in Las Vegas to identify your best legal strategy.

Commonly used defenses to possession of a controlled substance for the purpose of sale can include:

  • Faulty or insufficient evidence;
  • Illegal search by law enforcement of your home, person or car for drugs and evidence;
  • Law enforcement officers did not give you Miranda warnings;
  • Procedural violations by law enforcement;
  • Violations of your constitutional rights;
  • You were entrapped to commit the offense; and/or
  • You were not actually or constructively in possession of the drugs.

Law Office of Joel M. Mann | Las Vegas Possession with Intent to Sell Attorney

If you have been arrested and charged with drug possession with intent to distribute in Las Vegas, Clark County and the surrounding areas in Southern Nevada, contact the Law Office of Joel M. Mann to discuss the particular facts of your case.

Joel Mann is an experienced Las Vegas drug defense attorney who will aggressively fight the allegations against you and make every effort to help you avoid the most serious penalties and repercussions to your drug charges. Call (702) 474-6266 for a free consultation about your alleged drug offense in Las Vegas.