It is a crime not only to sell controlled substance or illegal drugs, but also drug paraphernalia. Drug paraphernalia are used for using or manufacturing drugs. Consequences for drug crime are serious that involves imprisonment. Your criminal record would also be marked with this conviction that will prevent future employers not to hire you. Below is some information available about its laws, definition, possible punishments, and defenses you can use for your case in Las Vegas, Nevada.
Las Vegas Drug Paraphernalia Laws
Drug paraphernalia is any equipment or materials intended for the storage, manufacture, or ingestion of any controlled substance or illegal drugs. The courts consider the following factors when determining whether an object is intended or used for drug paraphernalia:
- The proximity of the alleged paraphernalia to drugs, whether it has residue of controlled substances, and whether it had instructions on how it should be used;
- Statements by anyone in control of the alleged paraphernalia;
- Prior convictions of anyone in control of the alleged paraphernalia;
- How the alleged paraphernalia was displayed for sale;
- Any direct or circumstantial evidence about the incident of anyone owning or in possession of the alleged paraphernalia
- Expert testimony concerning its use.
Possession of Drug Paraphernalia: The Penalties
Unless there are children involved, the consequences for selling or possessing drug paraphernalia is considerably less than selling or possessing the actual controlled substance itself.
Paraphernalia for Sale, Intent to Sell, Manufacture, and Delivery
- Category E Felony
- 1 to 4 years imprisonment (with possibility of probation in whole, or in part)
- Fines up to $5,000
However, when an 18 years old or older delivers the alleged drug paraphernalia to someone under 18 and at least 3 years younger, the penalties are:
- Category C Felony
- 1 to 5 years imprisonment
- Fines up to $10,000
- Restitution for the costs of minor taking a substance abuse program
Simple Possession or Advertising
Using paraphernalia for smoking or possessing it with the intent to use it is considered as Misdemeanor offense:
- Up to 6 months imprisonment
- Fines up to $1,000
Drug Crime Lawyer for Drug Paraphernalia
If you have been charged with a drug-related offense, contact a Las Vegas criminal defense lawyer and schedule a free case consultation so you will have legal counsel on your best options.