Aside from being charged for possession of drugs and drug trafficking, you can also be charged for owning and using one or more apparatus to exploit them. This is called Possession of Drug Paraphernalia or Possessing Drug Paraphernalia in Nevada. Drug possession cases are rife in Nevada and it should be given that these charges always follow.
You should note that it does not matter if you do not have the actual drugs on hand when caught with drug paraphernalia, you will still be penalized. Proceed for further information.
Definition of drug paraphernalia in Nevada
As stated in the drug paraphernalia laws of Nevada Revised Statutes, specifically in NRS 453.554, drug paraphernalia are “equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing … packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance.”
With that meaning, drug paraphernalia refers to kits that are meant to produce drugs such as blenders, bowls, mixing devices, diluents, and adulterants and also designed so drugs can be used like clips, spoons, bongs, chillums, pipes, and more.
However, even though these definitions specify equipment that is treated as drug paraphernalia, the courts in Nevada consider the following before passing their judgment:
- Statements by the owner of the items or by anyone who uses or have used it
- Prior convictions of the owner or of anyone in control of the object
- The proximity of the object to the person of interest in time and space
- The existence of any residue of controlled substances on the object
- Direct or circumstantial evidence of the intent of the owner or anyone who uses or used it
- The manner in which the object is displayed for sale
- Expert testimony concerning its use
For more of these factors, you can read the official section here.
Penalties when caught with drug paraphernalia in Nevada
The consequences of possessing drug paraphernalia in Nevada are relatively milder than possessing substances themselves. Still, it is an additional burden if you are already imposed with drug charges and other sentences.
Simple possessing drug paraphernalia in Nevada only holds a misdemeanor charge with penalties such as six months of jail time and fines of not more than $1,000. Advertising the sale and use of drug paraphernalia is also prohibited and has the same penalties with simple possession.
Heavier charges are selling, manufacturing, and delivering drug paraphernalia is category E felony in Nevada that consists of penalties such as one to four years in prison and fines up to $5,000. This particular charge could escalate to category C felony if a person sells and delivers to someone aged 15 or younger. The following sentences are:
- One to five years of imprisonment
- Fines not exceeding $10,000
- Restitution for the minor
Defenses for possessing drug paraphernalia in Nevada
For a crime like a drug paraphernalia violation, shreds of evidence can be easily planted. This is one of the defenses you can use in the court. That the drug paraphernalia is not yours and was put in your bag or pockets or other properties without your knowledge. If faced with drug paraphernalia advertisement charges, you could argue that you were mistaken as someone else or there are no pieces of evidence to verify that it really is you. Having said that, all of your planned defenses should be supported with pieces of evidence or lack of thereof.
Drugs will not be manufactured and ultimately abused without the paraphernalia. This is the prime reason why possessing them is outlawed in Nevada. If you are unlawfully or falsely accused of possessing drug paraphernalia in Las Vegas or other places in Nevada with the intent to use them for selling or abuse, protect yourself by having a Las Vegas criminal defense attorney by your side.