Nevada law defines drug paraphernalia as any device that is used for or intended to be used for planting, growing, harvesting, testing, packaging, storing, or ingesting a controlled substance. Except for marijuana paraphernalia, it is illegal for a person to possess such objects, and violators could face jail time and fines. Additionally, if a person has drug paraphernalia and intends to sell or distribute it, they could face harsher penalties.
What Items Are Considered Drug Paraphernalia?
Under N.R.S. 453.554, drug paraphernalia can include objects such as:
- Scales
- Balloons
- Balances
- Containers
- Bowls
- Spoons
- Roach clips
Because some everyday items could be considered paraphernalia, Nevada law specifies certain factors courts can consider when determining whether an object is used for a controlled substance-related purposed.
Those criteria could include:
- Statements the owner made about the object
- Prior drug-related convictions of the defendant or anyone else who may have had possession of the item
- Nearness of the object to a controlled substance
- Remnants of a controlled substance on the item
- Instructions about its use
- Testimonies given by expert witness about how the object is used
- Advertisements concerning how to use the item
What Are the Potential Conviction Penalties?
If a person is caught in possession of drug paraphernalia, they could be charged with a misdemeanor. The offense carries a possible jail sentence of up to 6 months and a fine of up to $1,000.
The individual could face more significant penalties if they possessed the item with the intent to sell or deliver it, knowing that it would have a drug-related use. This offense is charged as a category E felony and is punished by up to 4 years in prison and up to $5,000 in fines. Additionally, selling or offering to sell drug paraphernalia is a federal crime that is punishable by up to 3 years in prison.
Schedule Your Free Consultation with The Draskovich Law Group Today
If you were charged with a drug crime, it is imperative to seek legal help immediately. Such offenses carry harsh punishments, which could affect your ability to find housing, get a job, or enroll in school. Understanding the impacts of a conviction, our lawyers will fight hard to get your charges reduced or dropped.
We know what it takes to obtain favorable results in criminal cases. Call us at (702) 381-6590 or contact us online to get started.