NRS 453.411: Unlawful Use of Controlled Substances—Definition, Penalties & More
When we think of drug or illegal substance laws most of us think of the crimes of possession or sales of narcotics. Not many people think about being under the influence of these drugs and what the consequences of that could be.
Being under the influence or the use of a controlled substance is only one crime that you can be charged with when you have drugs in your possession that are deemed illegal.
This charge is usually a separate charge from other drug charges like possession or possession with intent to distribute, or DUI.
If charged with drug offenses of any kind, you can be charged with multiple offenses and convicted of separate charges depending on the circumstances involved.
NRS 453.411 makes it a misdemeanor in Nevada to consume illegal drugs or to be under the influence of a controlled substance. You can be convicted of this charge even if you don’t have any drugs in your possession at the time you were arrested.
Drug offense charges can be serious with severe consequences. You need to hire a good defense team to sort out the charges and put together the best scenario for your particular case. If charged with any drug offenses called The Defenders. We are the premier defense team in Nevada and have years of experience defending against drug offense charges including consuming illegal drugs or to be under the influence of a controlled substance.
Contact our office today for a free case evaluation.
Are the Laws for Drug Possession Different From the Laws for Drug Use?
Drug possession is different from using the drugs you possess. Let’s use simple possession as an example. Simple possession means that you deliberately have control over drugs with no plans to sell them.
There are many forms under the law that possession occurs and what the penalties are. In Nevada, drug possession is a separate crime from being under the influence of a controlled substance. You can be arrested for being high on controlled substances without having drugs in your possession.
Even drug paraphernalia possession is a separate charge from being high.
For instance, if you are found under the influence and in possession of a pipe, you may face charges for using a controlled substance due to your intoxication, as well as paraphernalia charges for having the pipe. However, you cannot be charged with possession, as you do not have any drugs on you at the time since you have already consumed them.
When Is It Legal to Use Controlled Substance
There are three exceptions where you can legally take controlled substances in Nevada:
- You are taking prescribed medication and are not driving under the influence.
- You are at least 21 years old and using 2.5 ounces or less of marijuana and you have not driving impaired. 2.5 ounces of marijuana is the amount legal to possess in Nevada.
- You are being administered drugs in a hospital or rehab setting.
Even with these three exceptions, you can still be charged with the use of a controlled substance if a police officer finds you to be high.
Additionally, if you have been driving and are pulled over, you can face charges for DUI and unlawful drug use without violating double jeopardy laws.
What Are the Common Defenses Against Being Under the Influence Charges
As each case is different the defenses against charges are different but in our experience as the premier drug defense lawyers, the following defenses have been known to be effective strategies against the use of a controlled substance charge.
- You did not realize you took any drugs: for example if someone slipped drugs in your drink without your knowledge.
- You never took any drugs: Legitimate medical conditions such as diabetic episodes sometimes mimic drug intoxication. Police can often mistake the two until it gets sorted out.
- Your blood test was contaminated: In some cases blood samples get manipulated or the procedures for testing are faulty. Experts might be able to testify about blood test procedures.
- You are addicted to drugs: This isn’t necessarily a defense since you are actually committing the crime. However, if you are struggling with substance abuse the judge may agree to enroll you in a diversion program where after successful completion of the program the charges will be dropped.
Drug offenses are usually charged with more than once offense and the penalties can be steep.
You need to speak with an experienced drug court lawyer who can mount a strategic defense to get you the best possible outcome even if that is rehab.
Penalties for Use of a Controlled Substance
The penalties for the charge of use of a controlled substance is a misdemeanor with up to six months in jail and / or up to a $1,000 in fines.
However, many judges will dismiss your charges if you complete a pre-prosecution diversion program.
What Is a Pre-prosecution Diversion Program?
Nevada permits eligible defendants to complete an educational program in exchange for having their misdemeanor charges dismissed.
Pre-prosecution diversion programs are not available for people accused of:
- Violent crimes
- Vehicular manslaughter
- DUI
- Minor traffic offenses
- Previous offenses
Once you complete the program, in this case, drug rehab or counseling the charges against you will be dropped and the records related to the case will be sealed.
Unlawfully Prescribing or Selling Controlled Substances
Not only can you be charged with the use of a controlled substance illegally but the provider who sold or prescribed you the substances can face charges as well.
Under NRS 453.381 it is unlawful for a medical professional to administer controlled substances that are not for a specific medical condition.
Medical professionals can face felony charges as well as lose their license to practice medicine.
Clearly, purchasing illegal drugs from someone else can lead to felony drug charges for that individual as well.
Do I Need a Lawyer?
The bottom line is that no matter what charges you are facing, you need legal assistance. Navigating the legal system can be daunting and facing criminal charges and penalties can lead to consequences that are far reaching. Before you answer any questions or plead to anything you should at least consult with a lawyer who has experience with drug charges in Nevada.
The Defenders know how to strategically plan a defense against drug charges from minor misdemeanor charges to felony charges like distribution of narcotics.
Most defendants are charged with more than one crime at a time and face multiple charges that can lead to prison time.
This can be avoided by entering into the drug court system.
Drug court is part of the diversion program that can get you sentenced to alternate programs for addiction or classes instead of facing time in jail or prison. In order to take part in this program you need a lawyer to advocate on your behalf and work this out with the prosecution.
You should consult with an expert on drug offenses before taking any plea deal or going to court alone.
Call The Defenders for a consultation about your charges.
Frequently Asked Questions
What are the penalties for possession of controlled substances in Nevada?
In Nevada, possession of controlled substances is typically classified as a misdemeanor, which can result in up to six months in jail and/or fines up to $1,000. However, individuals who complete a pre-prosecution diversion program may have their charges dismissed. Repeated offenses or possession of larger quantities may lead to more serious charges, including felonies.
Can I get a DUI for using marijuana even if I am not impaired?
Yes, in Nevada, you can be charged with a DUI for operating a vehicle under the influence of marijuana, even if you believe you are not impaired. Law enforcement officers can determine that you are under the influence based on your behavior and physical signs, regardless of your actual level of impairment.
What should I do if I have been charged with illegal drug use?
If you have been charged with illegal drug use, it is crucial to seek professional legal assistance immediately. A qualified drug defense attorney can help you understand your rights, outline potential defenses, and strategize the best possible outcome for your situation. Do not answer any questions or make any statements without an attorney present.
What’s the difference from possession and use of a controlled substance?
Possession refers to having control or ownership of a controlled substance, while use refers to consuming or ingesting the drug. Both are separate criminal offenses and can result in penalties such as fines, jail time, and participation in drug treatment programs. The severity of the charges may vary depending on the type and quantity of drugs involved.
