Now that Nevada law permits you to possess up to two-and-a-half ounces of marijuana in a private residence, the police are unlikely to arrest you for possessing bongs and roach clips in your home. However, using marijuana – and marijuana paraphernalia – in public is still a crime.

Note that drug paraphernalia does not include any type of hypodermic syringe, needle, instrument, device or implement intended or capable of being adapted for the purpose of administering drugs by

• subcutaneous,
• intramuscular or
• intravenous injection.¹

Factors for Identifying Drug Paraphernalia

When determining whether an object is used for or intended as drug paraphernalia, Nevada courts may consider any relevant factors. Some of these include:

• Prior convictions of anyone in control of the alleged paraphernalia,
• How the alleged paraphernalia was displayed for sale,
• Any other direct or circumstantial evidence regarding the intent of anyone owning or in possession of the alleged paraphernalia,
• The proximity of the alleged paraphernalia to controlled substances, whether it has residue of controlled substances, and whether it had instructions of how it should be used,
• Statements by anyone in control of the alleged paraphernalia, and
• Expert testimony concerning its use.²

Possessing drug paraphernalia is a misdemeanor under NRS 453.566.

2. Penalties

Unlawful Use and Possession (NRS 453.566)

It is a Nevada misdemeanor to:

• use drug paraphernalia or
• possess drug paraphernalia with the intent to use it.

As a misdemeanor offense, the unlawful use or possession of drug paraphernalia is punishable by:

• up to 6 months in county jail and/or
• up to $1,000 in fines.³

Unlawful Delivery, Sale, or Manufacture (NRS 453.560)

It is a category E felony in Nevada to knowingly either:

• deliver or sell drug paraphernalia, or
• possess drug paraphernalia with the intent to deliver or sell it, or
• manufacture drug paraphernalia with the intent to deliver or sell it.

The unlawful delivery, sale, or manufacture of drug paraphernalia is a category E felony in Nevada. It carries probation and a suspended sentence. However, if you have two or more prior felony convictions, the court may impose:

• 1 to 4 years in Nevada State Prison and
• up to $5,000 in fines.

Note that unlawful delivery of drug paraphernalia becomes a category C felony if the recipient is under 18 years old and at least three years younger than you. Penalties include:

• 1 to 5 years in prison and
• up to $10,000 in fines.⁴

Unlawful Delivery to a Minor (NRS 453.562)

It is a category C felony in Nevada when an adult 18 or older delivers drug paraphernalia to a child who is both under 18 and at least three years younger than the adult.

As a category C felony, unlawful delivery of drug paraphernalia to a minor is punishable by a prison sentence of:

• 1 to 5 years and
• up to $10,000 in fines.

In addition, the court can order you to pay restitution for a drug treatment program for the child.⁵

Unlawful Advertising (NRS 453.564)

It is a misdemeanor in Nevada to knowingly advertise drug paraphernalia in a printed publication. The sentence is:

• up to six months in jail and/or
• up to $1,000 in fines.⁶

3. Defenses

Here at Las Vegas Defense Group, we have represented literally thousands of people charged with paraphernalia crimes. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries.

1. You lacked criminal intent. Unless the D.A. can prove beyond a reasonable doubt that you intended to use the paraphernalia to ingest, make, store, or otherwise use drugs, the charge should be dropped.
2. There was no paraphernalia. Perhaps the police mistook regular hardware or kitchen tools as drug paraphernalia. As long as there is a reasonable doubt about whether the equipment in question was being used as drug paraphernalia, the case should be dismissed.
3. The police committed misconduct. Law enforcement cannot perform a search unless they have a valid warrant or a lawful reason to conduct a warrantless search. If the police may have found the alleged paraphernalia through an illegal search, we can ask the judge to suppress (disregard) the illegally obtained evidence. If the judge agrees, the prosecution may have to drop the case for lack of proof.

4. Record Sealing

Nevada convictions for drug paraphernalia crimes can be sealed from your record, but there is a waiting period. The following table spells out these wait times.

Note that if your drug paraphernalia charges get dismissed, you can pursue a record seal right away.⁷ Learn how to seal Nevada criminal records.

5. Federal Law

Federal drug paraphernalia law under 21 U.S.C. § 863 is narrower than Nevada law. It does not punish simple possession of drug paraphernalia or purchasing drug paraphernalia.⁸ Rather, federal law only prohibits selling or transporting it.

Related Offenses

• possession of marijuana / cannabis for personal use
• possession of a controlled substance (NRS 453.336)
• unlawful possession with intent to sell (NRS 453.337 & NRS 453.338)
• selling drugs (NRS 453.321)
• unlawful administering of prescription drugs (NRS 453.381)
• drug trafficking (NRS 453.3385) of schedule I or schedule II drugs.

Also see Nevada’s adoption of the Uniform Controlled Substances Act.

Legal References