Is cocaine a felony in Nevada? A defense lawyer explains

Q: Is cocaine a felony in Nevada?

In Nevada, it is always a felony offense to possess, sell, make, or traffic cocaine. Even recreational use of a small amount of cocaine gets prosecuted as a felony. However, if you are facing a first-time drug possession charge, you may be able to get the case dismissed without going to prison. You just have to complete various court-ordered terms, such as drug counseling. Note that cocaine crime penalties increase with each subsequent offense except for drug trafficking, which depends on the amount of cocaine involved.

Q: How do I fight the charges?

Our law firm has represented thousands of people facing cocaine-related charges in Nevada. In our experience, these three defenses tend to be the most effective: 1) You did not know the cocaine was there, 2) You were a victim of police entrapment, and/or 3) The police search and seizure violated the Fourth Amendment of the U.S. Constitution.

Q: Can I plea bargain?

Yes, you can plea bargain cocaine charges. If you have no or little criminal history, we can often broker deals where you are permitted to forgo jail by taking a drug education class or doing rehab (Drug Court), and then the D.A. will dismiss the entire case once you successfully complete the course. Another option is for the D.A. to reduce your felony charge down to the misdemeanor drug charge ITS (a.k.a. "drugs which may not be introduced into interstate commerce"). The ITS sentence may not exceed: six (6) months in jail, and/or $1,000 in fines. Note that jail is hardly ever imposed for ITS convictions.

Q: Can I go to trial?

Certainly, though your case will likely resolve through a plea deal without a trial. In the event we go to trial, we will usually recommend having a jury trial where a 12-panel group of local citizens decides the verdict. The alternative is a bench trial where the judge decides the verdict, and in our experience, jurors are much more likely to believe in a defendant's innocence than a jaded judge is.

Q: When can I get the case sealed?

If the case gets dismissed, then there is no mandatory waiting period before you may pursue a criminal record seal. If the cocaine charge gets knocked down to the misdemeanor drug offense of ITS, you have to wait at least one year after the case closes before pursuing a seal. There is a two-year waiting period to get a record seal for first or second conviction of simple possession, or being under the influence. All other cocaine convictions can be sealed five years after the case ends, except for trafficking at least 400 grams of marijuana, which has a 10 year waiting period.

Q: Will I get deported?

Yes. Any cocaine crime conviction -- even just personal possession -- is sufficient to get an alien deported from the U.S. if you are a non-citizen. Moreover, the U.S. may remove non-citizens just for admitting to being an addict or selling drugs whether or not a court convicts them.

Penalties if busted for cocaine in Las Vegas? Advice from an attorney

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Most cocaine charges are prosecuted as felonies in Nevada. This includes possessing, selling, or trafficking the drug. The penalties depend on the amount of cocaine involved and/or whether you have prior drug convictions.

Five key things to know about cocaine in Nevada law are:

You can usually get a first-time possession charge dismissed if you complete a diversion program (drug treatment).
A first-time conviction for selling cocaine carries 1 to 5 years of Nevada State Prison time.
Any case involving at least 100 mg of cocaine can be prosecuted as trafficking, which carries two years to life in prison.
A common defense to cocaine allegations is that the drug did not belong to you and you didn’t even know it was there.
You can also get cocaine charges dismissed if there was police misconduct such as an unlawful search or entrapment.

The following bubble graph shows the standard prison sentence for first-time cocaine crimes in Nevada, though probation may be possible in most cases:

Cocaine penalties bubble graph

In this article, our Las Vegas criminal defense lawyers discuss:

1. Is cocaine a felony in Nevada?

In Nevada, it is always a felony offense to possess, sell, make, or traffic cocaine. Even if you only have a very small amount of cocaine, and even if it is just for your own personal use, the charge is still a felony.

However, if you are facing a first-time drug possession charge, we may be able to get your case dismissed without a prison sentence. You just have to complete various court-ordered terms, such as drug counseling.

The following table spells out the penalties for Nevada cocaine offenses.

Nevada Cocaine Crime	Punishments for First-Time Offenses
possession for personal use (NRS 453.336)	For a first offense or second offense involving less than 14 grams, cocaine possession is a category E felony. If you plead guilty or no contest, the court may grant a deferral of judgment and dismiss the case if you complete certain court-ordered terms.
Possession with the intent to sell (NRS 453.337)	category D felony: 1 to 4 years in prison, and up to $5,000
Selling, giving away, or transporting (NRS 453.321)	category C felony: 1 to 5 years in prison, and up to $10,000
Trafficking scheduled II drugs in Nevada (NRS 453.3395)	100 grams to less than 400 grams category B felony: 2 to 20 years in prison, and up to $100,000 400 grams or more category A felony: 15 years or life imprisonment (with parole possible after 5 years), and up to $250,000¹

Nevada law also prohibits being under the influence of cocaine, even if no drugs are found. This misdemeanor carries:

up to 6 months in jail and/or
up to $1,000.²

Cocaine – also called coke, blow, or snow – is a schedule II drug prohibited throughout the U.S.

2. How do I fight the charges?

Our law firm has represented thousands of people facing cocaine-related charges in Nevada. In our experience, these three defenses tend to be the most effective:

You did not know the cocaine was there. For example, if your roommate hid cocaine in your nightstand without your knowledge, you cannot be convicted of possession of cocaine because you had no intent to possess the cocaine. Through a thorough investigation of the evidence and cross-examination of the state’s witnesses, we may be able to raise a “reasonable doubt” as to whether you knew of the existence of the drugs.³
You were a victim of police entrapment. For example, if you snort powder cocaine at a party, and an undercover law enforcement officer then threatens to hurt you unless you sell them the rest of your cocaine, you should not be convicted of selling drugs. This is because you were pressured to sell drugs when you were not predisposed to do so. We would obtain the police officer’s body cam footage to show that they crossed the line and entrapped you.⁴
The police search and seizure violated the Fourth Amendment of the U.S. Constitution. For example, if the police find a rock of crack cocaine and a pipe by searching your apartment without a valid warrant (or without legal grounds to conduct a warrantless search), then we would ask the judge to suppress the cocaine and pipe as evidence. This may force the D.A. to drop your cocaine possession case for lack of proof.

3. Can I plea bargain?

Yes, you can plea bargain cocaine charges. If you have no or little criminal history, we can often broker deals where you are permitted to forgo jail by taking a drug education class or doing rehab (Drug Court), and then the D.A. will dismiss the entire case once you successfully complete the course.

Another option is for the D.A. to reduce your felony charge down to the misdemeanor drug charge ITS (called “drugs which may not be introduced into interstate commerce”). The ITS sentence may not exceed:

six (6) months in jail, and/or
$1,000 in fines

Note that jail is hardly ever imposed for ITS convictions.⁵

Learn more about plea bargains.

4. Can I go to trial?

Certainly, though your case will likely be resolved through a plea deal without a trial.

In the event we go to trial, we will usually recommend having a jury trial where a 12-panel group of local citizens decides the verdict. The alternative is a bench trial where the judge decides the verdict, and in our experience, jurors are much more likely to believe in a defendant’s innocence than a jaded judge is.

Powder cocaine is typically more expensive than crack cocaine since crack cocaine includes other chemicals.

5. When can I get the case sealed?

If the case gets dismissed, then there is no mandatory waiting period before you may pursue a criminal record seal.⁶

If the cocaine charge gets knocked down to the misdemeanor drug offense of ITS (explained above in question 3), you have to wait at least one year after the case closes before pursuing a seal.

There is a two-year waiting period to get a record seal for

first or second conviction of simple possession, or
being under the influence

All other cocaine convictions can be sealed five years after the case ends, except for trafficking at least 400 grams of marijuana, which has a 10-year waiting period.⁷

6. Will I get deported?

Yes. Any cocaine crime conviction — even just personal possession — is sufficient to get you deported from the U.S. if you are a non-citizen. Moreover, the U.S. may remove you just for admitting to being an addict or selling drugs whether or not a court convicts you.¹⁴

7. Additional resources

If you are struggling with substance abuse addiction, the following organizations can provide help:

Also, see our informational articles on:

Cocaine – an addictive stimulant – comes from coca plants native to South America.

Arrested in California? Go to our informational article on California cocaine laws.

Arrested in Colorado? Go to our informational article on Colorado cocaine laws.

Legal References:

If you have two or more prior felony simple possession convictions, the court may impose 1 to 4 years in prison and up to $5,000. Possessing 14 to less than 28 grams is a category C felony, carrying 1 to 5 years in prison, and up to $10,000. For possessing 28 grams or more, see our page on drug possession. For possession for sale, a second-time conviction is a category C felony 1 to 5 years in prison, and up to $10,000. A third-time conviction is a category B felony carrying 3 to 15 years in prison and up to $20,000. A second conviction of selling drugs is a category B felony, carrying 2 to 10 years in prison and up to $20,000, and a third-time conviction is a category B felony carrying 3 to 15 years in prison and up to $20,000.
NRS 453.411.
Sanders v. State (Nev. 1994) 874 P.2d 1239 (“In order to establish that the crime of possession of a controlled substance has been committed, the state must prove beyond a reasonable doubt that the accused had dominion and control of a controlled substance and knowledge of the presence of the controlled substance and of its illegal nature.”).
Sheriff, Humboldt County v. Gleave (Nev. 1988) 761 P.2d 416 (“[T]his court held that “[e]ntrapment as a matter of law exists where the uncontroverted evidence shows (1) that the state furnished an opportunity for criminal conduct (2) to a person without the requisite criminal intent.”).
NRS 454.351.
NRS 179.255.
Nevada Revised Statute 179.245.
8 U.S.C. 1227(a)(2)(B).

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