“Nevada has some of the toughest drug laws in the country — and the consequences are real.”
I’m Michael Gowdey, a criminal defense attorney based in Las Vegas. For over two decades, I’ve defended clients across Southern Nevada facing serious drug charges — from first-time possession to felony trafficking.
In 2023 alone, Clark County law enforcement made over 6,200 drug-related arrests, with more than 60% involving simple possession. That’s thousands of people — many of them first-time offenders — suddenly facing jail time, fines, and a criminal record that can haunt them for life.
Here’s the truth: A drug possession charge doesn’t have to define your future. But you have to act fast, understand your rights, and fight the charges smartly. This blog will break down everything you need to know if you’re facing a drug charge in Las Vegas, Henderson, or North Las Vegas.
Let’s dive in — and give you a roadmap to protect your record, your freedom, and your future.
What Counts as Drug Possession in Nevada?
Under Nevada law (NRS 453), drug possession falls into three categories:
- Actual possession — the drugs are on your person (pockets, bag, etc.)
- Constructive possession — drugs are in a place you control (car, home, locker)
- Joint possession — you and someone else both have access/control
The law doesn’t care if the drugs “weren’t yours.” If they’re found in your space or under your control, you can be charged.
Controlled Substances: Schedule I–V Drugs
Nevada classifies drugs into five schedules:
- Schedule I: heroin, ecstasy, LSD, MDMA, psilocybin (no accepted medical use, high abuse)
- Schedule II: cocaine, meth, oxycodone, fentanyl (high abuse, some medical use)
- Schedule III–V: Xanax, Valium, anabolic steroids, codeine (lower abuse potential)
Penalties vary depending on the type of drug, the amount, and your criminal history.
Misdemeanor vs. Felony Drug Charges
Simple possession of a small amount of a Schedule I–IV controlled substance is typically charged as a Category E Felony — even for first-time offenders. But there are exceptions:
First- or Second-Time Offense
- Often eligible for deferred sentencing or drug court
- May avoid jail time with completion of a rehab program
Third Offense
- Automatically becomes a Category D Felony
- 1–4 years in prison
- Up to $20,000 in fines
Possession with intent to sell or trafficking significantly increases penalties.
Possession with Intent to Sell
Prosecutors may charge you with intent to sell if:
- You have large quantities
- Drugs are individually packaged
- You have cash, scales, baggies, or other distribution tools
This is a Category C Felony, punishable by:
- 1–5 years in prison
- Fines up to $10,000
Drug Trafficking in Nevada
Trafficking charges are based on drug weight:
- 4–14 grams (Schedule I or II): Category B felony, 1–6 years in prison
- 14–28 grams: 2–15 years
- Over 28 grams: 10 years to life
Even marijuana, though legal recreationally, can be trafficked illegally if it exceeds personal use limits.
Common Drugs Involved in Clark County Arrests
According to LVMPD and Nevada State Police, the most commonly seized drugs include:
- Methamphetamine
- Heroin
- Cocaine
- Prescription opioids (without a prescription)
- MDMA and party drugs
- Fentanyl (rising sharply in 2023 cases)
Your Rights During a Drug Arrest
You have rights — and how you use them can change your case:
- Right to remain silent — Do not explain or argue.
- Right to an attorney — Ask for one immediately.
- Right to refuse searches — Unless police have a warrant or probable cause.
What to say: “I’m invoking my right to remain silent. I want a lawyer.”
Diversion Programs and Drug Court
First-time offenders may qualify for Nevada’s diversion programs, including:
- Drug Court — Rehab-focused with probation
- Deferred Adjudication — Charges dismissed after program completion
- Sealing Records — Eligible one year after completion in many cases
These programs can keep a conviction off your record.
How to Fight a Drug Possession Charge
Every case is unique. At The Law Offices of Michael I. Gowdey, we explore every angle, including:
- Illegal search and seizure — Was the stop or search unconstitutional?
- Lack of knowledge — Were you unaware the drugs were there?
- Insufficient evidence — Weak chain of custody or lab results
- Entrapment — Law enforcement induced the crime
Why You Need a Drug Defense Lawyer
Drug cases move fast. Prosecutors may push you to plead guilty early. Don’t. You need time and strategy.
We’ve defended clients across Las Vegas, Henderson, and North Las Vegas. We understand:
- Local judges and prosecutors
- Legal technicalities in NRS 453
- How to negotiate favorable outcomes
From challenging probable cause to securing rehab-focused resolutions, our goal is to protect your freedom and your record.
Final Thoughts: Your Defense Starts Now
Drug possession charges are serious — but they are also beatable. With the right legal strategy, you can fight the charges or mitigate the damage.
Whether you made a mistake or were wrongly accused, I’m here to help you move forward.
Call now for a free, confidential consultation.