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Las Vegas Criminal Lawyer > Las Vegas Drug Crimes Lawyer > Sale of a Controlled Substance

Sale of a Controlled Substance Charges in Las Vegas

What constitutes sale of a controlled substance?

NRS 453.321 makes it illegal for any individual to sell a controlled substance. The sale of a controlled substance is most often proved through undercover detectives.

Schedule I drugs include any of the following:

  • LSD
  • Ecstasy
  • Marijuana
  • PCP
  • Mescaline
  • Methamphetamine (Crack, Crystal Meth, Speed)

Schedule II drugs include any of the following:

  • Cocaine
  • Codeine
  • Morphine
  • Opium
  • Barbiturates
  • Adderall

Schedule III drugs include any of the following:

  • Anabolic Steroids
  • Ketamine
  • Marinol

Schedule IV drugs include any of the following:

  • Xanax
  • Valium
  • Librium
  • Soma

Schedule V drugs include any of the following:

  • Common cough suppressants
  • Lyrica
  • Lomotil

Penalties for sale of a controlled substance charges in Nevada:

For a first offense and if the controlled substance sold is Schedule I or II, you are guilty of a category B felony and will be punished:

  • A minimum term of 1 year and a maximum term of no more than 6 years in a state prison; and
  • A possible fine of no more than $20,000.

In addition, you pay be granted probation.

For a second offense and if the controlled substance sold is Schedule I or II, you are guilty of a category B felony and will be punished:

  • A minimum term of 2 years and a maximum term of no more than 10 years in a state prison; and
  • A possible fine of no more than $20,000.

It is important to note that you will not be granted probation for a second time offense.

For a third offense and if the controlled substance sold is Schedule I or II, you are guilty of a category B felony and will be punished:

  • A minimum term of 3 year and a maximum term of no more than 15 years in a state prison with no possibility of probation; and
  • A possible fine of no more than $20,000

For a first offense and if the controlled substance sold is Schedule III, IV or V, you are guilty of a category C felony and will be punished:

  • A minimum term of 1 year and a maximum term of no more than 5 years in a state prison; and
  • A possible fine of no more than $10,000

In addition, you may be granted probation.

For a second offense and if the controlled substance sold is Schedule III, IV or V, you are guilty of a category B felony and will be punished:

  • A minimum term of 2 year and a maximum term of no more than 10 years in a state prison without possibility of probation; and
  • A possible fine of no more than $15,000.

For a third or subsequent offense and if the controlled substance sold is Schedule III, IV or V, you are guilty of a category B felony and will be punished:

  • A minimum term of 2 year and a maximum term of no more than 15 years in a state prison without possibility of probation; and
  • A possible fine of no more than $20,000.

Defenses to sale of a controlled substance:

  • Illegal search and seizure.
  • Lack of knowledge.

Because every case and situation is different, it is vital that you contact a qualified Las Vegas drug crime defense lawyer. Adrian Lobo is an experienced criminal lawyer who has dealt with several drug cases and has helped clients get the help and results they deserve. Contact Adrian Lobo today and schedule a consultation in order to discuss your drug charges.

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