Drug Possession Charges in Nevada: How Serious Are They?

Drug laws in Nevada have changed over the years, especially when it comes to marijuana. But make no mistake — being charged with drug possession is still a serious matter that can have lasting consequences. Whether your case is in Douglas County, Washoe County, or anywhere else in Northern Nevada, a possession charge can impact your record, your freedom, and your future opportunities.


Understanding how Nevada handles drug possession — and what you can do if you’ve been charged — is the first step toward protecting yourself.


What Counts as “Possession” in Nevada?


Under Nevada law, possession means having control over a controlled substance, whether it’s on your person, in your car, in your home, or even somewhere else you have access to. There are three main types of possession:


  1. Actual possession – Having the drugs physically on you, like in your pocket or backpack.
  2. Constructive possession – The drugs aren’t on you, but they’re in a place you control, like your car, apartment, or storage unit.
  3. Joint possession – Two or more people share control over the same drugs.


It’s also important to note that you don’t have to own the drugs to be charged — simply having access to them can be enough for prosecutors to pursue a case.



Controlled Substances in Nevada


Nevada classifies drugs into five schedules, based on factors like medical use and potential for abuse.


Schedule I drugs (heroin, LSD, MDMA) are considered the most serious, with no accepted medical use and high potential for abuse.


Schedule II–V drugs include substances like methamphetamine, cocaine, prescription opioids, anabolic steroids, and certain anxiety medications — many of which are legal with a valid prescription but illegal to possess otherwise.


Marijuana is treated differently from other controlled substances, but possession over the legal limit can still lead to criminal charges.


Penalties for Drug Possession in Nevada


The severity of a drug possession charge depends on:

• The type and amount of the substance

• Your criminal history

• Whether prosecutors believe you intended to use the drugs personally or distribute them


First-time possession of a Schedule I or II controlled substance (other than marijuana) is typically a Category E felony, punishable by 1–4 years in prison and fines up to $5,000. However, first-time offenders are often eligible for probation or drug court, which focuses on rehabilitation instead of jail.


Possession with intent to sell, or trafficking larger amounts, results in far more severe charges and mandatory prison time.



Marijuana Possession in Nevada


For adults 21 and over, it’s legal to possess:


• Up to 1 ounce of marijuana flower, or

• Up to ⅛ ounce of concentrated cannabis (like edibles, oils, or waxes)


Possessing more than the legal limit — or possessing any amount if you’re under 21 — can still lead to criminal charges. Selling marijuana without a license is also a felony.



Defenses to Drug Possession Charges


A strong defense can mean the difference between a conviction and a clean record. Depending on the facts, your attorney may challenge:

• Whether the drugs actually belonged to you

• How the drugs were found (illegal searches can make evidence inadmissible)

• Whether law enforcement respected your constitutional rights during the arrest

• The lab results confirming the substance


In some cases, it’s possible to negotiate reduced charges, enter a diversion program, or have the case dismissed entirely.


Why Legal Representation Matters


Even if you think the charge is “minor” — especially for a first offense — a conviction can follow you for years. It can affect employment, housing, professional licenses, and your ability to obtain certain loans or benefits.


An experienced Nevada criminal defense attorney knows the local courts, understands the programs available for first-time offenders, and can fight to protect your record and your future.


Charged with Drug Possession in Douglas or Washoe County? We Can Help.


At Max Stovall Law, we represent clients facing drug charges throughout Northern Nevada — from simple possession to serious trafficking cases. We know the stakes, we know the law, and we know how to fight for the best possible outcome.


If you’ve been charged with drug possession, don’t wait until your court date to get help. Contact us today for a free consultation — and take the first step toward protecting your freedom and your future.

How is Alimony Calculated in Nevada? A Guide to Spousal Support Factors

December 27, 2025
Divorce changes everything, but few aspects cause as much anxiety as finances. For many couples in Reno, Minden, and across Northern Nevada, the biggest financial question mark is alimony. Whether you anticipate needing support to get back on your feet or are worried about the long-term obligation of paying it, understanding Nevada law is crucial. In Nevada, alimony (legally referred to as spousal support is not guaranteed, and perhaps more importantly, it is not calculated using a simple mathematical formula. It is highly discretionary, meaning the judge has significant power in deciding the outcome. Here is a guide to how spousal support works in Nevada and why having an experienced Northern Nevada family law attorney is essential to protecting your financial future. The Big Question: Is There a Nevada Alimony Calculator? The short answer is no. Unlike child support, which generally follows a strict percentage based on income and the number of children, Nevada law does not provide a calculator or a set percentage for determining spousal support. You cannot simply plug two incomes into a spreadsheet and get a definitive answer. Instead, Nevada judges must make what they call a "just and equitable" award based on the specific circumstances of your marriage. Because there is no formula, the skill of your attorney in presenting your financial reality to the court is often the deciding factor in how much is paid, and for how long. Key Factors Northern Nevada Judges Consider Since there is no calculator, Nevada Revised Statute (NRS) 125.150 provides a list of factors that judges must consider when deciding if alimony should be awarded. If you are facing a divorce in courts ranging from Reno to Carson City, the judge will look at a holistic picture of your marriage, including: 1. The Length of the Marriage This is often the most heavily weighted factor. Generally, short-term marriages (under 5-7 years) are less likely to result in long-term support awards compared to marriages lasting 20 years or more. 2. The Financial Condition of Each Spouse The court looks at the disparity in income. Does one spouse earn significantly more? Does the other spouse have the ability to become self-supporting? The goal is usually to bridge the gap, not necessarily equalize income perfectly. 3. The Age and Health of Both Parties A spouse nearing retirement age or suffering from poor health who cannot enter the workforce will have a stronger claim for support than a young, healthy spouse. 4. Career Sacrifices and Contributions Did one spouse put their career on hold to raise children or manage the household while the other advanced their career? The court considers the contribution of a "homemaker" as having significant economic value. 5. The Standard of Living During the Marriage While not a guarantee, the court does consider the lifestyle the couple enjoyed together when determining what is "just and equitable." 6. Property Division How the marital assets (houses, retirement accounts, businesses) are divided can impact alimony. If one spouse receives a larger share of income-producing assets, they may need less support. Types of Spousal Support in Nevada Alimony is rarely a "forever" obligation anymore. Modern Nevada courts tend to favor arrangements that help a lower-earning spouse become self-sufficient. Temporary Support: Awarded during the divorce process to keep the status quo and ensure bills are paid until a final settlement is reached. Rehabilitative Support: This is very common. It is awarded for a specific period to allow a spouse time to obtain job training, education, or experience to re-enter the workforce and become self-supporting. Lump-Sum Alimony: Sometimes, parties agree to a one-time buyout payment instead of ongoing monthly payments to achieve a "clean break." Permanent (Long-Term) Alimony: Generally reserved for long-term marriages where, due to age or health, one spouse will likely never be able to be fully self-supporting.. How a Strategic Reno & Minden Family Law Attorney Helps Because Nevada alimony law is based on subjective factors rather than a rigid formula, the outcome relies heavily on preparation and strategy. At the Law Offices of Maximilian A. Stovall, we understand the local courts in Reno, Minden, and surrounding Northern Nevada communities. We know how local judges tend to weigh these different financial factors. Whether you are seeking support or defending against an unfair claim, we help by: Gathering Evidence: Meticulously documenting income, expenses, career sacrifices, and standard of living. Developing a Strategy: Crafting a compelling argument tailored to the specific factors that favor your position. Negotiating Fairly: Working toward a realistic settlement out of court that secures your financial stability. Litigating Fiercely: If a fair agreement cannot be reached, we are prepared to advocate vigorously for your financial rights before a judge. Don't leave your financial future to chance. Contact Us Today for Clear Financial Guidance → If you are facing divorce and have questions about alimony in Northern Nevada, contact the Law Offices of Maximilian A. Stovall today to schedule a consultation. We will help you understand your rights and develop a smart strategy for moving forward.

Northern Nevada Child Custody: Understanding Nevada's "Best Interest of the Child" Standard

December 8, 2025
Family law matters affect what matters most—your children. When parents in Reno, Minden, Carson City, or the wider Northern Nevada area face separation or divorce, the most critical decision involves establishing custody. In Nevada, the court's priority is singular and unwavering: the best interest of the child. Understanding this standard and the factors a local judge considers is the first and most vital step in protecting your relationship with your child. The Foundational Standard: Best Interest of the Child Under Nevada Revised Statutes (NRS 125C.0035), every custody determination, whether initial or modified, must be based on what the judge determines is in the child's best interest. This is a complex standard, requiring the court to evaluate numerous factors. What Does "Best Interest" Mean in Nevada Law? The court does not use a simple checklist; instead, it conducts a holistic evaluation of the family situation. Key factors the court must consider include: The Child’s Emotional Bonds: The love, affection, and emotional ties between each parent and the child. The Capacity of the Parent: Each parent's ability to cooperate, facilitate a relationship with the other parent, and address the child's developmental needs. Conflict Between Parents: The level of conflict between the parents and the potential for that conflict to harm the child. The court favors parents who can minimize conflict. Parental Health and Safety: The mental and physical health of each parent. This includes any history of abuse, neglect, or substance dependency. Caring for the Child: Which parent has historically acted as the primary caregiver. The Child’s Preference: If the child is of sufficient age and capacity to form an intelligent preference, the court will consider their wishes, though this is only one factor among many. Crucial Takeaway: The court is not looking for a "perfect parent," but the arrangement that best promotes the child's stability, safety, and well-being. Physical vs. Legal Custody: Key Distinctions A custody order determines two distinct types of rights and responsibilities. It’s essential to understand the difference between them, as they are often treated differently by the court. Legal Custody Legal custody is the authority to make major, long-term decisions concerning the child's upbringing. This includes choices about: Education (which school the child attends) Medical care (non-emergency procedures) Religious instruction In Northern Nevada, courts overwhelmingly favor joint legal custody, meaning both parents share the right to make these major decisions, even if one parent has primary physical custody. Physical Custody Physical custody refers to where the child lives on a day-to-day basis and which parent is responsible for their routine care. Joint Physical Custody: The child spends a significant, roughly equal amount of time with both parents. This arrangement is common and often favored if parents live close and can cooperate effectively. Primary Physical Custody: The child spends the majority of their time (more than 60%) with one parent, while the other parent is typically awarded a structured visitation schedule, often referred to as parenting time. Common Custody Challenges in Northern Nevada Because Northern Nevada is a transient region, specific issues often arise in the family law context: Relocation Cases (Moving Out of State) If a parent with joint physical custody or primary physical custody wishes to move a child out of the state of Nevada, the law requires specific steps. Unless the other parent agrees, you must petition the court for permission. The court will apply a detailed analysis of factors to determine if the move is in the child's best interest. Relocation is one of the most complex areas of custody law. Enforcement of Orders If one parent fails to follow the court-ordered parenting plan—by withholding visitation, failing to pay support, or violating other terms—the other parent may need to file a motion for contempt or an enforcement action. The court takes non-compliance seriously and may impose sanctions or modify the order. How the Law Offices of Maximilian A. Stovall Can Help Navigating the courts in Reno, Minden, and Carson City requires not just a knowledge of Nevada law, but deep familiarity with local judges and procedures. At the Law Offices of Maximilian A. Stovall, we provide: Smart Strategy: We help you understand how the "best interest" factors apply specifically to your unique family situation. Local Advantage: Max Stovall brings deep familiarity with the local judicial system, ensuring your case is presented efficiently. Fierce Advocacy: Whether we are negotiating a fair parenting plan outside of court or advocating for your rights and your child's well-being in a contested hearing, we offer steady guidance every step of the way. If you are facing a child custody matter in Northern Nevada, it is critical to seek experienced legal counsel immediately. Contact Us Today Ready to discuss your case? Contact the Law Offices of Maximilian A. Stovall for compassionate guidance and strong representation.