What are the penalties for OxyContin or Vicodin crimes?

It depends on which Nevada drug offense the defendant was convicted of. For example, a first-time possession for personal use is a category E felony, usually carrying probation. A first-time conviction of possession with intent to sell is a category D felony, carrying 1 to 4 years in prison and up to $5,000 (at the court's discretion). A first-time conviction of selling is a category B felony, carrying 1 to 6 years in prison and up to $20,000.

What are the defenses to OxyContin or Vicodin charges in Nevada?

The most effective defense strategies depend on the circumstances of the case. Typical defenses are: 1) The defendant did not know the drugs were there; 2) The police entrapped the defendant; and/or 3) The police executed an illegal search and seizure.

Can OxyContin or Vicodin charges get reduced or dismissed in Nevada?

Nevada prosecutors may be willing to lessen or drop drug charges to avoid going to trial. First-time drug defendants with minimal criminal history are more likely to receive favorable plea deals. Many first-time defendants accused of simple possession get the opportunity to avoid jail by completing Drug Court . This is an intensive rehabilitation program. Upon successful completion, the D.A. will dismiss the case entirely. Alternatively, the D.A. may lessen a felony drug charge to a misdemeanor under NRS 454.351. The maximum penalties include 6 months in jail and/or $1,000 in fines.

Can an OxyContin or Vicodin case be sealed in Nevada?

Yes. The waiting period to seal a Nevada conviction depends on the category of crime the defendant was convicted of. Category E felony convictions may be sealed 2 years after the case ends. Category D, C, or B convictions can be sealed 5 years after the case ends. And category A convictions can be sealed 10 years after the case ends. Dismissed drug charges may be sealed right away.

Are there immigration consequences to OxyContin or Vicodin charges?

Yes, drug crimes are deportable. In fact, merely admitting to being addicted or dealing drugs makes aliens vulnerable to deportation. Consequently, non-citizens facing drug charges should retain a skilled immigration and criminal defense attorney without delay.

"OxyContin" and "Vicodin" - Nevada Law and Penalties

“OxyContin” and “Vicodin” – Nevada Law and Penalties

Prescription painkillers OxyContin (oxycodone) and Vicodin (hydrocodone) are schedule II controlled substances. Any unlawful use, possession, sale or trafficking of these drugs in Nevada is a felony.

However, most first-time possession cases can be dropped completely if you complete probation. Otherwise, charges can often be plea-bargained down to a misdemeanor.

The following bubble graph shows the standard prison sentence for first-time OxyContin or Vicodin convictions in Nevada:

Penalties bubble graph

Below our Las Vegas criminal defense lawyers answer frequently asked questions about OxyContin and Vicodin crimes in Nevada.

What are the penalties?

The more serious the drug charge, the more extensive the incarceration and fine, as the following table shows.¹

OxyContin or Vicodin Crime	Nevada Penalties for a 1st-time Conviction
Possession for personal use (NRS 453.336)	Category E felony (for less than 14 grams): Your case will likely be dismissed if you complete certain court-ordered terms.
Possession for sale (NRS 453.337)	Category D felony: 1 to 4 years in prison (or probation) and up to $5,000
Selling, giving away, or transporting (NRS 453.321)	Category C felony: 1 to 5 years in prison (or probation) and up to $10,000
Trafficking (NRS 453.3385)	Category B felony (for 100 to less than 400 grams): 2 to 20 years in prison and up to $100,000
Being under the influence (NRS 453.411) and Driving under the influence (NRS 484.110)	Misdemeanor: Up to 6 months in jail and/or $1,000

How do I fight the charges?

Here at Las Vegas Defense Group, we have represented literally thousands of people charged with prescription drug crimes. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries at getting OxyContin and Vicodin charges lessened or dismissed.

You did not know the drugs were there. Maybe someone planted the drugs in your residence or vehicle. Or perhaps your roommate possessed the drugs without telling you. If the prosecutor cannot show you were aware of the drugs, no crime occurred.²
The police entrapped you. Law enforcement is allowed to go undercover, conduct stings, and lie to you. However, they cross the line if they threaten or otherwise force you into breaking a law you were not predisposed to break. If you were unduly pressured by police into committing a drug crime, the entrapment defense could get your case completely dismissed.³
The police conducted an unconstitutional search. Police are required to conduct their searches within the bounds of the Fourth Amendment. If the police overstep their bounds – such as by failing to get a warrant when necessary – you may ask the judge to suppress any illegally-obtained evidence. If the court grants your “motion to suppress,” the D.A. may be left unable to prove guilt beyond a reasonable doubt.

Can my record be sealed?

Drug cases can be sealed from your Nevada criminal record. However, there may be a wait, as the following table shows.⁴

Nevada OxyContin or Vicodin Conviction	Record Seal Waiting Period
Being under the influence	1 year after the case closes
Simple possession	2 years after the case closes
Possession for sale, selling, manufacturing, transporting, or trafficking	5 years after the case closes
DUI of drugs	7 years after the case closes
Dismissal (no conviction)	Right away (no wait)

Learn about how to petition for a Nevada criminal record seal.

Are there immigration consequences?

Yes, non-citizens convicted of any drug crime related to OxyContin or Vicodin face deportation.⁵ Immigrants should hire an experienced attorney as soon as possible to try to get the charges dismissed.

OxyContin is known as “hillbilly” heroin, especially when snorted or injected.

Related Drug Crimes

See our articles on:

Learn more about Nevada drug offenses.

Additional Resources

If you or someone you know are struggling with addiction, refer to the following:

Narcotics Anonymous – 12-step program to overcome drug addiction.
Nar-Anon – 12-step program for family/friends of addicts.
SAMHSA – Substance Abuse and Mental Health Services – 24/7 hotline and support.
SAMHSA – Online treatment locator – Find rehabs by address or zip code.
Crisis Support Services of Nevada – 24/7 hotline and support.

Legal References:

NRS 453.336; NRS 453.337; NRS 453.321; NRS 453.3385; NRS 453.441.
Sanders v. State (1994) 110 Nev. 434, 874 P.2d 1239.
Sheriff, Humboldt County v. Gleave (1988) 104 Nev. 496, 761 P.2d 416.
NRS 179.255; NRS 179.245. Whisler v. State. (2005) 121 Nev. 401.
8 U.S.C. 1227(a)(2)(B).

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