When someone is arrested for a drug-related offense in Nevada, one of the most important distinctions to understand is whether they’re being charged with possession or trafficking. These two terms may sound similar, but under Nevada law, they carry very different consequences. At eBail, we’re here to help you understand what you’re up against and what your options are if a loved one is behind bars.

What is Regular Possession of a Controlled Substance?

In simple terms, possession means that a person knowingly has a controlled substance in their custody or control. This could be in their pocket, their car, their home, or even within reach. Nevada law divides possession into three types:

Actual possession: The drugs are physically on your person.
Constructive possession: The drugs are somewhere you have control over (like your car or room).
Joint possession: More than one person has control or ownership.

Possession doesn’t necessarily mean someone was selling drugs. In fact, many people arrested for possession are dealing with addiction and personal struggles, not criminal intent. The penalties vary depending on the type and amount of drug, but first-time offenders with a small amount often qualify for diversion programs or rehab instead of jail.

Possession charges in Nevada typically fall under NRS 453.336, which makes it a felony to knowingly or intentionally possess a controlled substance without a prescription. Depending on the substance and quantity, it may also be considered a violation of the Uniform Controlled Substances Act (USC Act), particularly if federal law becomes involved.

What is Drug Trafficking in Nevada?

Trafficking sounds like it involves selling drugs across borders, but under Nevada law, it often has more to do with the weight of the drugs than any kind of actual sales or distribution. You can be charged with drug trafficking even if you never sold a single pill or gram—if the quantity in your possession crosses a certain threshold, that alone is enough to trigger a trafficking charge.

For example:

Having 100 grams or more of a Schedule I drug (like heroin or MDMA) can result in a Category B felony.
At 400 grams or more, the penalties increase dramatically and can carry up to life in prison with mandatory minimum sentences.

Trafficking is charged under NRS 453.3395, and in many cases, these violations can also fall under the federal Controlled Substances Act (Title 21 U.S. Code §841). That means the accused could be facing both state and federal charges, especially if the arrest involved large quantities or was linked to an interstate operation.

Why This Matters for You or Your Loved One

The difference between a simple possession charge and a trafficking charge can be the difference between probation and decades behind bars. It’s crucial to understand what type of charge is being filed and how to respond. At eBail, we know how overwhelming this process can feel. If someone you care about has been arrested, you don’t have to navigate it alone.

We offer fast, confidential Las Vegas bail bond services and can help you figure out the next steps. Whether it’s a low-level possession case or a serious trafficking charge, our experienced team is here to walk you through the process.

For more information or to get help now, visit eBail or give us a call 24/7.

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