When the prosecutor proves that you have been harboring drugs on your body or somewhere that you have control over, you can be convicted for possession of a controlled substance in Nevada. This drug charge in Nevada usually means felony and has harsh penalties depending on the type of controlled substances found on you. Now, when it is discovered that you have the intent to sell the drugs, the penalties can be worse. What are the two offenses’ major differences and how can you avoid intent to sell charges? Read further.
Differences of simple possession and possession with intent to sell
The first notable difference between the two charges is the type of intent. A simple possession usually finds a person only storing drugs for personal use while possession with intent to sell has either a small or large operation to distribute controlled substances in exchange for money.
According to the Nevada Revised Statutes (NRS) 453.336, possession of controlled substances is when a person “knowingly or intentionally possess a controlled substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician…” In simple terms, you cannot keep certain drugs when not authorized by any medical professionals.
Meanwhile, NRS also outlaws possession of controlled substances with the intention to sell them. NRS 453.337 and NRS 453.337 specified drugs that “is unlawful for a person to possess for the purpose of sale.”
Proving the intent to sell
It is a challenge to prove that there really is an intent to sell when a particular person is caught in possession of drugs. Prosecutors must rely hard on concrete pieces of evidence and circumstantial ones when there is no direct proof available to enable a sentence of respective intent to sell charges.
Nonetheless, the possession for sale of a controlled substance can still be proven by a prosecutor and as a defendant, you need to learn of the factors that can be used against you.
Typically, when controlled substances are for sale, they are packed and presented well for the buyer. Tablets inside bags and weighing scales can point to a possible drug sale. Money, of course, is also one of the leading indicators as well as the fact that the arrested person is not high: he or she is fully aware that he or she is carrying controlled substances.
The weigh of the controlled f can also tell the prosecutors that you have violated possession for sale of a controlled substance. The prosecutors can point out that a large amount of drugs will never be intended for personal use. When this factor meshes with other factors already mentioned, the prosecutor can have a significant amount of validation to criminalize you.
Defenses against either of the charges
While it is still paramount to not be charged at all, it is better to be convicted of simple possession than possession with intent to sell as the latter have extreme punishments such a prison term that goes up to three to fifteen years for a third offense and a criminal record that shows you have a dark past of drug distribution. Possession for sale of a controlled substance is one of the worst crimes not just in Nevada but in the entire world as it basically supplies the very thing that risks the lives of many.
Now, to avoid conviction of either of the two defenses, you need to have a solid defense that shall be imposed by your drug defense lawyer in court. Some of the defenses to consider are the following:
- You have no intention to sell—it only happens that you have a sizeable amount of drugs for future recreational use only and you were never aiming to sell
- The drugs do not belong to you
- You were mistaken as someone selling controlled substances
- The police entrapped you
Being convicted for simple possession is bad enough when it is justified that you have the intent to sell, know that the Nevada law against drugs will not be lenient. Help strengthen your claims by studying the drug laws about possession in Nevada and by having a lawyer by your side.