Nevada law makes it a crime to sell or possess drug paraphernalia. But what exactly counts as drug paraphernalia? The law is broad enough to include anything the prosecution can prove is for purposes of growing, manufacturing, selling or ingesting controlled substances such as:
- Roach clips
- Cocaine vials
- Drug testing equipment
- Grow kits
- Manufacturing kits
- Diluents and adulterants used for cutting drugs
The list could go on and on. What's relevant is whether the prosecution can prove the use or purpose of the item. Various factors are used to analyze whether the item is drug-related — for example, your criminal history, statements you've made about the item, any drug residue found on it, and its proximity to controlled substances. Expert testimony may also be an important type of evidence in these cases.
Selling Versus Possessing
If you've been charged with selling or manufacturing drug paraphernalia — or even possessing it with the intent to sell — you are looking at a category E felony. The offense can be even more serious if a minor was involved. And if the alleged sale crossed state lines, you could be facing federal charges.
State drug charges for simple possession or advertising of drug paraphernalia, though misdemeanors, can still land you up to six months in jail and a tarnished criminal record.
Whatever type of drug paraphernalia charge you are facing, you need a lawyer who is well-equipped to protect your rights.
At The Law Offices of Benjamin Nadig, Chtd., I am passionate about defending the accused. I've devoted the bulk of my career to criminal law — first as a prosecuting attorney for the City of Las Vegas, and now as a defense lawyer. My proven results speak to the dedication and effort I pour into every case.
Don't Live In Nevada?
Hiring an experienced local attorney in Nevada is even more important if you don't live here. In addition to representing Nevada residents, I also frequently represent out-of-state visitors who are facing drug-related charges in Nevada. My goal is to resolve the charges in a favorable manner while sparing you the time and hassle of multiple court appearances.
For more information about how I can help, call 702-545-6419 or send me an email. I'm available by phone 24/7 and return emails within one business day.