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A drug trafficking charge in Nevada can carry years in prison, substantial fines, and consequences that extend far beyond the criminal case. Yet an accusation of trafficking does not necessarily mean the police witnessed a drug sale. Under Nevada law, knowingly possessing certain quantities of controlled substances can be enough to support a trafficking charge, even when no sale is alleged.
That makes the evidence particularly important. The prosecution must establish the required elements of the charged offense, including the defendant’s connection to the controlled substance and the quantity on which the charge is based.
At LV Criminal Defense, attorney Nick Wooldridge represents defendants facing serious drug allegations in Las Vegas and throughout Nevada. Trafficking cases can turn on questions that are not immediately apparent from the arrest report: who actually controlled the drugs, whether police conducted a lawful search, what the laboratory established, and whether statements or communications have been interpreted accurately.
If you are facing a trafficking investigation or have already been arrested, speak with a defense attorney before making decisions that could affect your case.
Call LV Criminal Defense at (702) 623-6362 to request a free consultation.
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Yes. This is one of the most important—and frequently misunderstood—aspects of Nevada drug trafficking law.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
Nevada Revised Statutes 453.3385, 453.3387, and 453.339 address trafficking involving different controlled substances. Depending on the provision, prohibited conduct can include knowingly or intentionally selling, manufacturing, delivering, bringing substances into Nevada, or possessing the quantities specified by law.
Consequently, the prosecution does not necessarily have to prove that a defendant sold drugs to another person.
Consider a situation in which police discover a substantial quantity of controlled substances inside a residence shared by several people. Investigators may pursue trafficking charges based on the amount recovered. The defense may nevertheless dispute whether a particular resident knew about the drugs or exercised control over them.
The quantity may determine which statute prosecutors rely upon, but it does not eliminate the requirement to prove the defendant’s involvement.
Other drug offenses, including simple possession and possession with intent to sell, have different elements and penalties.
When I initially met with Mr. Wooldridge, he took the opportunity to sit and go over my problem with me. He described details in my case which he found disturbing and explained why he I should have him on my side.
WILLIAM MILLER IGNETIOUS
Criminal Defense Client 5
5 Star 725 reviewsNevada does not use one trafficking threshold for every drug.
The applicable statute depends on the controlled substance involved, and the penalties can change substantially at specified quantities.
NRS 453.3385 generally governs trafficking involving the covered Schedule I or II substances, except marijuana, as well as certain specifically identified substances and precursors.
Controlled substances commonly encountered in these prosecutions include methamphetamine, cocaine, and heroin.
The statute establishes two principal trafficking categories.
Low-level trafficking: 100 grams to less than 400 grams
High-level trafficking: 400 grams or more
These are the statutory sentencing provisions for convictions under this section. Other charges, enhancements, and circumstances may affect the overall case.
Importantly, possessing less than 100 grams does not mean the person cannot face a felony drug charge. Nevada has separate offenses and penalty levels for unlawful possession, possession for sale, manufacturing, transportation, and other conduct.
The defense must begin with the actual charge and the statute cited in the charging document.
Nevada has a separate trafficking provision involving illicitly manufactured fentanyl, fentanyl derivatives, and mixtures containing those substances.
Under NRS 453.3387:
28 grams to less than 42 grams
42 grams to less than 100 grams
Higher quantities and other conduct require an examination of the additional applicable provisions of Nevada law.
Fentanyl cases can raise difficult evidentiary issues because the charged substance may be part of a mixture rather than a standalone product.
The precise laboratory findings, what the defendant allegedly knew, and how the substance and mixture were identified can therefore be important.
Nevada law specifically recognizes this issue at sentencing.
Under NRS 453.3405(4), a court may suspend the sentence for a conviction under NRS 453.3387 if the defendant establishes, under the statutory standard, that they did not know the relevant mixture contained illicitly manufactured fentanyl.
This is a limited statutory provision—not an automatic defense or entitlement to a suspended sentence. It requires a particular showing and findings by the court.
Nevertheless, it illustrates why the facts surrounding the identity and composition of a substance must be examined carefully in fentanyl cases.
Nevada permits adults aged 21 and older to possess cannabis within the limits established under its regulated adult-use system. That does not authorize unlicensed trafficking or all forms of cannabis distribution.
NRS 453.339 addresses substantially larger quantities.
50 pounds to less than 1,000 pounds of marijuana, or one pound to less than 20 pounds of concentrated cannabis
1,000 pounds to less than 5,000 pounds of marijuana, or 20 pounds to less than 100 pounds of concentrated cannabis
5,000 pounds or more of marijuana, or 100 pounds or more of concentrated cannabis
A cannabis trafficking charge must be evaluated under the correct statute, including applicable authorizations and distinctions between marijuana and concentrated cannabis.
Possession of personal amounts of marijuana is legal; however, this does not mean that a person’s involvement in a large-scale distribution operation is also legal. On the other hand, just because police found marijuana on a defendant does not automatically demonstrate that he or she was involved in trafficking.
For the current statutory language, see Nevada Revised Statutes Chapter 453.
Trafficking cases require a detailed examination of both the underlying investigation and the evidence supporting the particular charges.
Different cases present different opportunities for defense. The following are among the issues an attorney may investigate.
Drug trafficking investigations may involve vehicle stops, residential searches, surveillance, search warrants, or seizures of property.
Physical proximity to drugs and legal possession are not identical concepts.
A trafficking case may involve controlled substances recovered from:
Prosecutors may attempt to establish actual or constructive possession.
The defense must investigate what links the accused person to the substance. Access to a location, knowledge of what was stored there, statements made during the investigation, and evidence of control may all become relevant.
The government must prove the required elements. A person’s presence at a location where drugs were found does not automatically resolve the question of knowing possession.
The quantity attributed to the defendant may determine whether the case is prosecuted as a serious trafficking offense.
An attorney may examine:
There is another important consideration. Under NRS 453.3383, in certain trafficking cases involving sales or deliveries, a represented weight can be legally relevant when it exceeds the actual weight.
For that reason, a defense review should not stop at the laboratory number. It may also be necessary to examine precisely what the prosecution alleges was represented during a transaction.
Recorded communications and surveillance can help establish what occurred, but they can also require interpretation.
A conversation described by investigators as evidence of a drug transaction should be reviewed in its full context rather than accepted solely through an officer’s summary.
A person may know someone accused of trafficking without agreeing to participate in a criminal enterprise.
Whether an agreement existed, what each defendant allegedly understood, and how the prosecution links particular conduct to the alleged conspiracy are important questions.
See our page on conspiracy under Nevada’s Uniform Controlled Substances Act.
A trafficking charge carries serious potential consequences, but the filing of that charge does not determine the outcome.
Depending on the case, a defense attorney may challenge the prosecution’s evidence, seek dismissal, pursue a reduction in charges, negotiate a lawful resolution, or prepare for trial.
For example, a case may involve a dispute over whether the defendant knowingly possessed the substances attributed to them. Another may turn on whether law enforcement obtained crucial evidence lawfully. In a different case, the evidence may support a lesser offense than the trafficking allegation originally filed.
These circumstances do not guarantee a particular result.
An attorney must consider the strength of the evidence, the applicable statutory provisions, any other pending counts, and the potential consequences of each available resolution.
Nevada law places substantial restrictions on suspending sentences for convictions under its trafficking statutes.
NRS 453.3405 generally requires qualifying defendants to serve the applicable minimum imprisonment period before becoming eligible for parole, subject to the exceptions specified by law.
One provision permits a court, upon an appropriate motion, to consider a sentence reduction or suspension when a convicted person has provided substantial assistance in an investigation or prosecution.
The statute also contains the separate fentanyl-related provision concerning lack of knowledge that a mixture contained illicitly manufactured fentanyl.
These are narrow provisions with specific requirements. They should not be treated as routine alternatives to incarceration.
It is also essential to distinguish a conviction under the original trafficking statute from a negotiated disposition involving a different offense. That distinction can affect sentencing and the practical options available in a particular case.
Drug trafficking cases may be prosecuted under Nevada law, federal law, or—in some circumstances—both.
Federal drug offenses are governed by separate statutes, including 21 U.S.C. § 841, which addresses activities such as manufacturing and distributing controlled substances and possessing them with intent to distribute.
Federal investigations can be conducted by many different federal agencies such as the Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), etc. Evidence that may be used in these investigations includes communications, financial records, surveillance, electronic devices, and/or allegations involving multiple jurisdictions.
The sentencing rules used in federal courts are different than those used in Nevada’s state courts. Therefore, an attorney who is evaluating a case must take into account the applicable federal statutes, the evidence presented by the government, and the procedures of the court where the charges are being brought.
These charges are often confused, but they are not the same offense.
Possession with intent to sell focuses on whether the defendant possessed a controlled substance with the legally required intention of selling it.
Prosecutors may rely on evidence such as packaging, cash, scales, messages, or statements to attempt to establish that intent.
Trafficking, by contrast, may be established through knowingly possessing the quantity specified in an applicable trafficking statute, even without evidence of an intended or completed sale.
An individual could therefore face a trafficking allegation based primarily on the quantity recovered.
The correct classification depends on the charged conduct, substance, quantity, and applicable statute.
Read more about possession with intent to sell in Nevada or return to our overview of Las Vegas drug crimes defense.
Some trafficking investigations involve several defendants who are alleged to have performed different roles.
One person may be accused of obtaining drugs, another of arranging transportation, and another of controlling a residence or storage location.
The prosecution may argue that the conduct formed part of a common criminal operation.
That does not mean every defendant necessarily possessed the same knowledge, exercised the same control, or committed the same acts.
An attorney representing one defendant must evaluate the evidence specifically relating to that person and consider potential conflicts of interest when other defendants are involved.
The prosecution’s interpretation of a group investigation should not substitute for proof of the individual defendant’s criminal liability.
LV Criminal Defense assists people facing serious criminal allegations in Las Vegas and throughout Southern Nevada.
Drug trafficking investigations may arise in Henderson, Summerlin, North Las Vegas, Paradise, Spring Valley, or elsewhere in Clark County.
Some clients are Nevada residents. Others are visitors or individuals who were arrested while traveling through the area.
The appropriate defense depends on the charges, evidence, and court—not merely where the arrest took place.
If you have been accused of trafficking in controlled substances in the Las Vegas area, call (702) 623-6362 to discuss the next steps.
A trafficking accusation may begin with a police seizure, but the legal case involves much more than the quantity recorded on an evidence sheet.
How the drugs were discovered, who allegedly controlled them, whether the police acted lawfully, what the laboratory established, and how investigators interpreted communications can all affect the defense.
Attorney Nick Wooldridge and LV Criminal Defense represent people accused of serious drug offenses in Nevada state and federal courts.
If you are facing allegations involving methamphetamine, cocaine, heroin, fentanyl, cannabis, or another controlled substance, you can obtain legal advice about the charges and the evidence against you.
Call (702) 623-6362 to request a free consultation, or contact LV Criminal Defense online.
