In Las Vegas, 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 this 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 are information about drug paraphernalia laws, definition, possible punishments, and defenses you can use for your case.
Nevada Revised Stature Sections 453.560 and 453.566: Drug Paraphernalia LawsDrug paraphernalia are 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 in Las Vegas.
- 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.
Las Vegas Possession of Drug Paraphernalia: The PenaltiesUnless there are children involved, the consequences for selling or possessing drug paraphernalia in Las Vegas are considerable less than selling or possessing the actual controlled substance itself.
Nevada Revised Stature Sections 453.560 and 453.562: 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
- Category C Felony
- 1 to 5 years imprisonment
- Fines up to $10,000
- Restitution for the costs of minor taking a substance abuse program
Nevada Revised Stature Sections 453.566 and 453.564: Simple Possession or AdvertisingUsing 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