Definition of controlled substancesThe law defines controlled substances as “substances that can only be obtained and kept through legal channels and under certain circumstances”. These regulated substances are grouped in special classification points called ‘schedules’, listing from most dangerous substances (Schedule I) to least dangerous substances (Schedule V). The drug schedule system is patterned after the same system used by Federal law.
Illegal Possession of Controlled Substances explainedA person is said to be in illegal possession of a controlled substance if he or she owns controlled substances without legal, medical or scientific justification. Typically, the charge comes into effect if the person is discovered to have marijuana, methamphetamine, cocaine, or other related narcotics on his or her person. Certain prescription drugs also fall under an illegal charge allegation if the person has no medical prescription to own said prescription drugs. There are three classifications of controlled substance possession as recognized in Nevada law.
- Actual Possession: Drugs or other controlled substances were found on the defendant’s person at the time of the arrest.
- Constructive Possession: Drugs or other controlled substances were found in the vicinity of the defendant’s personal property.
- Shared Possession: Drugs or other controlled substances are co-owned with another person, either for shared use or shared distribution.
Misdemeanor versus felonyControlled substance possession can either be a misdemeanor or felony, dependent on several factors.
- Drug Type: The degree of the offense depends on the schedule of the drug discovered; schedule I and II drugs typically fit a felony while Schedule IV would be a misdemeanor.
- Amount: The higher the amount, the more likely that the person will be charged with a felony.
- Intent: Possession with intent to distribute fetches a felony penalty over mere possession for personal use. It is also penalized more harshly depending on the factors stated earlier, making possession with intent to distribute or sell controlled substances a higher level of felony than merely owning a large amount of controlled material.