Here in Nevada, it is a felony offense to have possession of, be under the influence of, sell, transport, manufacture or traffic methamphetamine. A conviction can include fines and significant jail or prison time.
The following bubble graph shows the standard prison sentence for first-time meth crimes in Nevada, though probation may be possible in most cases:
Below, our Las Vegas criminal defense lawyers answer frequently asked questions about meth crimes in Nevada.
1. What are the penalties for meth crimes?
The sentence depends on the particular offense, as the following table shows:
| Nevada Methamphetamine Crime | Punishment |
| Possession for personal use / simple possession (NRS 453.336) | Penalties depend on the amount and if you have prior convictions. See our page on drug possession (NRS 453.336) to learn more. |
| For a first- or second offense involving less than 14 grams, it is a category E felony:
The court will grant you – if eligible – a deferral of judgment, which means that the court will dismiss the case if you complete certain court-ordered terms. Otherwise, category E felony convictions carry probation and a suspended sentence, which may include up to one year in jail. (Though if you have two or more prior felony convictions, the court may impose one to four years in Nevada State Prison and up to $5,000 in fines.) |
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| Possession for the purpose of sale (NRS 453.337) |
1st conviction Category D felony:
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2nd conviction
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3rd or subsequent conviction
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| Selling, giving away, transporting, administering, dispensing, or trading (NRS 453.321) |
1st conviction Category C felony:
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2nd conviction Category B felony:
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3rd or subsequent conviction Category B felony:
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| Trafficking (NRS 453.3385) |
It depends on the amount of drugs being trafficked: |
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100 grams to less than 400 grams Category B felony:
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400 grams or more
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| Being under the influence (NRS 453.411) | Misdemeanor:
Up to 6 months in jail and/or up to $1,000 in fines1 |
Making or trafficking meth within 500 feet of a residence, business, church, synagogue or other place of religious worship, public or private school, a campus of the Nevada System of Higher Education, playground, public park, public swimming pool or recreational center for youths – and in a manner which creates a great risk of death or substantial bodily harm to another person – carries an additional prison penalty equal to and in addition to the underlying prison term.
2. What are the defenses?
Three common ways to fight meth drug charges include the following:
- You did not know the drugs were there.2 It is not unusual to be unaware of drugs being in your home. Maybe someone else left the drugs there. Or perhaps it belongs to another family member. Unless the D.A. can show beyond a reasonable doubt that you knew about the drugs, criminal charges should not stand.
- The police entrapped you. Police who threaten or force you into taking, buying, or selling drugs are committing entrapment, which is illegal. As long as you were not predisposed to committing the drug crime, the case should be dropped.3
- The police committed an illegal search and seizure. If the police find drugs through an unconstitutional search, then the judge can throw out (“suppress“) those drugs from evidence. Prosecutors may then be left with too weak of a case to sustain a conviction.
Prosecutors in Nevada are often willing to work with first-time meth offenders in order to strike up a deal to avoid trial.
3. Can the charge get lessened or dropped?
Nevada prosecutors are often eager to lessen or dismiss meth charges to avoid a trial. Predictably, the D.A. is more likely to offer good plea deals if you are a first-time drug defendant with a little-to-no criminal history.
If you are a first-time simple possession defendant struggling with addiction, you may be eligible for Drug Court. This is an intensive rehabilitation program that can last a year or more. Then in the end, the felony possession charge would get dismissed.
If prosecutors refuse to dismiss a felony charge, they may agree to lessen it to a misdemeanor under NRS 454.351. The maximum punishment includes:
- 6 months in jail, and/or
- $1,000 in fines
Even if you are charged with trafficking, you may have an opportunity to get the case dismissed or reduced if you agree to act as an informant and help the police carry out investigations.
4. Can the record be sealed?
Yes. If the meth charges get dismissed, then you can petition for a seal immediately. Otherwise, there is a one-to-ten-year wait depending on the conviction, as the following table shows.4
| Nevada Meth Conviction | Record Seal Waiting Period |
| Misdemeanor | 1 year after the case ends |
| Category E felony | 2 years after the case ends |
| Category D, C, or B felonies | 5 years after the case ends |
| Category A felony | 10 years after the case ends |
| Dismissal (no conviction) | Immediately |
Read about how to get a Nevada criminal record seal.
5. Are there immigration consequences?
Yes. Not only can meth crime convictions lead to deportation. Merely being a drug addict can get a non-citizen removed from the U.S.5
Any immigrant charged with drug crimes is advised to hire skilled counsel as soon as possible. The attorney may be able to persuade the D.A. to reduce the charge to a non-removable crime.
Meth charges that get dismissed can be sealed from your record right away.
6. Related offenses
See our other narcotic articles on:
Additional Reading:
Also, see our article on DUI of meth. Learn more about Nevada drug crimes.
Arrested in California? Go to our informational article on California meth laws.
Arrested in Colorado? Go to our informational article on Colorado meth laws.
Legal References:
- NRS 453.336; NRS 453.337; NRS 453.321; NRS 453.3385; NRS 453.441. See, for example, Gravelle v. State (Nev. Court of Appeals, 2022) 513 P.3d 1290; Lindesmith v. State (Nev. Court of Appeals, 2023) No. 85640-COA.
- NRS 179.255; NRS 179.245.
- 8 U.S.C. 1227(a)(2)(B).