Possession of Drug Paraphernalia
Nevada law defines drug paraphernalia as any equipment, product, material or object of any kind used to introduce an illegal controlled substance into the human body by planting, cultivating, growing, propagating, harvesting, manufacturing, compounding, preparing, testing, converting, analyzing, packaging, producing, repackaging, storing, containing, injecting, ingesting, concealing, or inhaling the substance (NRS 453.554).
A conviction for possession of drug paraphernalia in Las Vegas could result in serious penalties, including fines and/or a jail sentence.
Therefore, it is important to contact an experienced Las Vegas drug lawyer to identify any defenses or mitigating factors that may be applicable in your particular situation to help you avoid the harshest punishments to your alleged offense.
Las Vegas Possession of Drug Paraphernalia Lawyer
If you have been charged with possession of drug paraphernalia 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 Las Vegas drug defense attorney 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 paraphernalia possession offense.
Drug Paraphernalia Offenses in Las Vegas
Chapter 453 of the Nevada Revised Statutes, also known as the Uniform Controlled Substances Act, defines possession of drug paraphernalia and the possible penalties an individual could face if they are convicted of the offense.
According to NRS 453.560, an individual can be charged with unlawful delivery, sale, possession or manufacture of drug paraphernalia if they deliver, sell, possess with the intent to sell or deliver or manufacture with the intent to deliver or sell any drug paraphernalia, knowing or where one should reasonably know, the object would be used to introduce a controlled substance into the human body.
Additionally, under NRS 453.566, an individual can be charged with unlawful possession of drug paraphernalia of they use or possess with the intent to use drug paraphernalia in order to introduce a controlled substance into the human body.
Examples of drug paraphernalia in Las Vegas can include:
- Kits used for drug cultivation,
- Kits used for drug manufacturing,
- Isomerization devices,
- Drug testing equipment,
- Dilutants and adulterants,
- Separation gins and sifters,
- Mixing Devices,
- Storage containers,
- Smoking masks,
- Roach clips, and/or
Nevada Actual vs. Constructive Paraphernalia Possession
In order to be convicted of possession of drug paraphernalia in Las Vegas, the state prosecutor must prove every element of the paraphernalia offense beyond a reasonable doubt. Possession is a required element to paraphernalia offenses, so if the prosecution is unable to show you had either constructive or actual possession, the charges against you may be dismissed or even reduced because the prosecution was not able to demonstrate you committed every element of the alleged offense.
ACTUAL POSSESSION – Actual possession is defined as having actual, physical control of the paraphernalia on their body or in their possession. Examples of actual possession can include if the paraphernalia was in the alleged offender’s purse, car or in their pocket.
CONSTRUCTIVE POSSESSION – Constructive possession is generally much harder for the prosecution to prove than actual possession. Constructive possession involves the following three elements:
- The alleged offender was aware the paraphernalia was in their presence and it was used in association with an illegal drug offense;
- The alleged offender had the intent to take actual possession of the paraphernalia; and
- The alleged offender was physically able to take control of the paraphernalia.
Factors Identifying an Object as Drug Paraphernalia
According to Nevada Revised Statutes section 453.556, certain factors may be used by Nevada law enforcement to determine whether an object or item is drug paraphernalia, including:
- Any statements made by the owner or anyone in control of the object concerning its use;
- Any prior drug convictions of anyone in control of the object;
- The proximity of the object to the commission of any drug offense or violation;
- The proximity of the object to a controlled substance;
- The existence of any drug residue on the object;
- Instructions provided with the object concerning its use;
- Descriptive materials provided with the object concerning its use;
- National and local advertising concerning the use of the object;
- How the object is displayed for sale;
- Expert testimony concerning the object’s use; and/or
- Direct or circumstantial evidence showing the owner’s intent to deliver the object to a person the owner knows will use the object for a drug-related purpose.
Penalties for Drug Paraphernalia Offenses in Las Vegas
An individual who has been charged with possession of drug paraphernalia can be convicted of a misdemeanor offense, which is punishable by up to six months in jail and/or up to $1,000 in fines.
An individual who has been convicted of unlawful delivery, sale, possession or manufacture of drug paraphernalia can be convicted of a category E felony, which is punishable by a prison sentence of one to four years.
An individual who has been convicted of unlawful delivery to a minor, sale, possession or manufacture of drug paraphernalia can be convicted of a category C felony, which is punishable by a prison sentence of one to five years.
Law Office of Joel M. Mann | Las Vegas Possession of Paraphernalia Attorney
If you have been arrested and charged with possession of drug paraphernalia in Clark County and the surrounding areas in South Nevada, contact the Law Office of Joel M. Mann to discuss your situation. Joel Mann is an experienced drug lawyer in Las Vegas who will make every effort to find defenses or mitigating factors to have your charges reduced or even dismissed. Call (702) 474-6266 for a free consultation about your drug charges in Las Vegas.