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Nevada Drug Possession Law

Nevada Drug Possession Defense

What you're facing under NRS § 453.336, how the penalties scale, and the questions your attorney needs to answer, specific to Nevada (NV) law.

Offense Class

Category E Felony (1st/2nd); Category D Felony (3rd+)

Maximum Penalty

4 years (Category E); 4 years (Category D)

Maximum Fine

$5,000

Penalty Range in Nevada

StatuteNRS § 453.336 — Possession of a Controlled Substance
Minimum Penalty
Maximum Penalty4 years (Category E); 4 years (Category D)
Maximum Fine$5,000

Charge Enhancements

These factors can elevate the charge or penalty in Nevada:

  • Third or subsequent offense (Category D felony)
  • Possession near school or playground
  • Involving a minor

Nevada-Specific Detail

First and second offenses are Category E felonies with probation/suspended sentence possible. NRS § 453.3363 allows diversion for first-time possession. Marijuana possession up to 1 oz was legalized in 2017 for adults 21+.

Is your Nevada drug case defense on track?

The free Defense Score checks 10 critical defense behaviors specific to drug-possession cases. Takes 2 minutes. Instant results.

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Drug Possession Defense Playbook$127

26 questions that change how the next attorney meeting goes, a case stage roadmap, red flag checklist, and a case progress scorecard. Instant PDF download, relevant to Nevada defendants.

Important: This page provides legal INFORMATION about Nevada drug possession law as of the date of publication. Laws change frequently. This is not legal advice. The analysis draws on methods developed by defense attorneys, applied to public data. Your attorney remains the final authority on defense direction.