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Nevada law creates an independent drug crime for transporting controlled substances without authorization. You do not need to be running a large distribution operation to be charged with illegally transporting drugs.
However, transport, simple possession, possession with intent to sell, and drug trafficking are distinct charges. This distinction affects the evidence that prosecutors will have to provide and the possible punishment.
NRS 453.321 makes it illegal to import, transport, sell, exchange, supply, dispense, give away, or administer any controlled substance (or counterfeit) without authorization. It also prohibits making an offer or attempt to do so.
An allegation of transportation may occur if officers find drugs that were being moved from one location to another; however, the context of the situation matters. Just because someone was a passenger in a vehicle where drugs were found, shared a vehicle with someone who had drugs, or was near drugs does not automatically mean they committed the crime.
The statute contains exceptions for activities authorized under Nevada’s controlled-substance laws, including appropriate regulated medical and pharmaceutical activities.
No. Drug transportation under NRS 453.321 is distinct from trafficking under NRS 453.3385, 453.3387, and 453.339.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
Nevada’s drug trafficking laws address defined quantities and forms of conduct. Depending on the substance, possessing the statutory quantity can support trafficking even if nobody traveled anywhere or sold a single dose.
Conversely, a transportation charge under NRS 453.321 is not an automatic requirement for prosecutors to establish that a defendant had a trafficking-level amount of drugs. Prosecutors can pursue investigations into simple possession and/or possession with the intent to sell; however, these two offenses have distinct legal requirements.
Under the current NRS 453.321 sentencing provisions, penalties depend on the substance’s schedule and qualifying prior convictions:
Schedule I or II substances:
Schedule III, IV or V substances:
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.
Certain prior convictions in other jurisdictions can count. For qualifying repeat offenses, the court generally cannot grant probation or suspend a sentence unless mitigating circumstances warrant it. Other statutes may impose greater penalties in particular cases.
The defense is based upon what occurred (the alleged conduct) rather than the arresting officer’s description. Some questions that could be raised are: did the accused know the drugs were there; does the evidence connect the accused to moving the drugs; was the substance properly identified; and did the police legally search the vehicle/property?
Personal use is not automatically a defense to unlawful transportation. Nor does the presence of drugs in a vehicle resolve every question about who was responsible.
For advice about a Nevada transportation charge, contact LV Criminal Defense to discuss the facts with attorney Nick Wooldridge.
