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.


February 24, 2026
A trial court judgment isn’t always the final word. Whether you are seeking to overturn a ruling or need to defend a hard-won victory, the appellate process in Nevada is a specialized field requiring a smart strategy and a deep understanding of the Nevada Rules of Appellate Procedure (NRAP). At the Law Offices of Maximilian A. Stovall, we provide comprehensive appellate representation and support for cases in ALL Nevada counties. From the high-volume courts in Clark and Washoe to the rural districts in Elko, Nye, and beyond, we represent clients at both the District Court and Supreme Court levels. The Clock is Ticking: Nevada Appeal Deadlines In Nevada, appeals from district court are strictly governed by the Nevada Rules of Appellate Procedure (NRAP). Appeals from justice court follow many of the same principles contained in the NRAP, but are governed instead by the Nevada Revised Statutes (NRS) and local court rules. The most important thing to know is that most deadlines are jurisdictional, meaning if you miss them, the court cannot hear your case. Notice of Appeal: In most criminal, civil, and family law cases at the district court level , you must file your Notice of Appeal within 30 days of the written notice of entry of the judgment. For most criminal judgments at the justice court level , you must file your Notice of Appeal within 10 days of your judgment of conviction. Struggling to meet your deadline? Immediate action is required. While some post-trial motions can "toll" (pause) the clock, you should never assume you have extra time without a legal review of your case. How the Appellate Process Works in Nevada Nevada uses a "deflective" or "push-down" model for its two highest courts. Every appeal from a District Court starts at the Nevada Supreme Court, but it doesn't always stay there. The Notice of Appeal: Filed in the District Court where your case was heard. The Docketing Statement: A required filing that helps the Supreme Court decide where your case belongs. The "Push-Down" Model: The Supreme Court may keep the case or assign it to the Nevada Court of Appeals for a final decision. Briefing: This is where the real work happens. Both sides submit written briefs arguing why the trial judge was right or wrong. Oral Argument: In some cases, the Court will ask the parties to present an oral argument to accompany the written briefing. How to Preserve an Appeal (Before the Trial Ends) In most instances, you cannot appeal simply because you didn't like the outcome. An appeal is about legal errors. To preserve an issue for appeal, attorneys must protect the record through: Timely objecting on the record during the trial stage. Filing the necessary pretrial and trial motions. Requesting a clear ruling from the judge. If an issue wasn't raised in the trial court, the appellate court may refuse to consider it. Some issues not preserved at the trial level may be considered on appeal, but only under a lower standard that gives more deference to the trial court’s rulings. If you are currently in litigation and anticipate an appeal, now is the time to ensure your record is protected. Procedural Hurdles: Transcripts and Briefs A successful appeal relies entirely on the Record on Appeal. If it isn’t in the transcript, it didn’t happen. Requesting Transcripts: Under NRAP 9, you must file a Transcript Request Form within 14 days of the appeal being docketed. Brief Writing: An appellate brief is not a "re-do" of the trial. It is a highly technical document that must cite specific laws and pages of the trial transcript. If something wasn’t included in the record at the trial level, the appellate court will not consider it. This is not the time to bring in new evidence or arguments not before the trial court; you must present the appeal through the lens of what the trial court already considered. Support for Other Lawyers: We Write the Briefs Are you a trial attorney with a heavy caseload and a looming appellate deadline? Writing an effective brief requires hundreds of hours of research and a specific "appellate voice." We offer brief-writing services for other law firms. If you have the file ready to go but lack the bandwidth to draft a 30-page brief that complies with every NRAP requirement, we can step in as of-counsel or on a contract basis to handle the heavy lifting for you. Meet Our Appellate Attorney: Lucas Glanzmann Our appellate department is anchored by Lucas Glanzmann, who brings a unique insider perspective to every case. Judicial Clerkship Experience: After law school, Lucas served a two-year clerkship with the Nevada Supreme Court. In that role, he worked closely with justices to research complex legal questions and draft appellate decisions. His work contributed to both unpublished orders and published opinions, including decisions that meaningfully shaped Nevada law. Today, he focuses his practice primarily on appellate advocacy, bringing that depth of experience directly to our clients’ cases. Strategic Insight: Having reviewed briefs from the Court’s perspective, Lucas understands how appellate judges evaluate arguments—what captures attention, what builds credibility, and what weakens a case. He crafts appellate briefs that are precise, focused on the dispositive issues, and written in a style courts appreciate: clear, disciplined, and grounded in the record and governing law. Appeals Veteran: From complex civil litigation to criminal guilty verdicts, Lucas has the experience to navigate the District Court, Nevada Supreme Court, and Court of Appeals with precision. Ready to Move Forward? If you are facing an appeal, do not wait. Whether you are an individual looking for representation or an attorney seeking brief-writing support, the Law Offices of Maximilian A. Stovall is here to help. The Stovall Team’s First Step: Send us all documentation. We will conduct a thorough review of your trial record to determine your best path forward. If you are an attorney, we will likely require you to file the notice of appeal and request transcripts before we take over the appeal. Contact Us Today Call our Reno or Minden offices to discuss your appeal and ensure your rights are protected before the deadline passes.
February 17, 2026
Community Property in Nevada: Who Gets What in a Northern Nevada Divorce? Nevada is one of only a handful of "community property" states. For couples in Reno, Minden, and Carson City, this legal distinction is the single most important factor in determining how your bank accounts, homes, and even your debts are divided during a divorce. At the Law Offices of Maximilian A. Stovall, we believe that understanding the rules of the road is the first step toward a fair financial future. Here is what you need to know about asset division in Northern Nevada. What is Community Property? In simple terms, community property includes almost everything—assets and debts—acquired by either spouse during the marriage. Under NRS 123.220, the law presumes that both spouses have an equal, 50/50 interest in this property, regardless of whose name is on the title or who earned the paycheck. Common examples of community property include: Income earned by either spouse during the marriage. Real estate purchased during the marriage. Retirement accounts and 401(k)s funded during the marriage. Debt, such as credit cards or medical bills, incurred while married. The Exception: Separate Property Not everything is split down the middle. Separate property belongs solely to one spouse and is generally not subject to division. This typically includes: Anything you owned before the marriage. Inheritances received by one spouse alone. Gifts given specifically to one spouse. Personal injury awards. The "Commingling" Trap: Separate property can quickly become community property if it is "commingled." For example, if you use an inheritance (separate) to pay down the mortgage on your family home (community), the lines become blurred. This is where a clear legal strategy is vital. How the Court Divides the "Community" While the starting point is a 50/50 split, a Nevada judge has the power to make an unequal distribution if there is a "compelling reason" to do so. This might happen if one spouse wasted community assets (marital waste) or if there are specific financial inequities that need to be addressed. The Role of Smart Strategy In Northern Nevada courts, the "division" isn't always about selling everything and splitting the cash. Smart legal representation focuses on: Offsetting Assets: Perhaps one spouse keeps the house while the other keeps the retirement account of equal value. Business Valuations: If you own a business in Reno or Minden, determining its value and how much of it is "community" vs. "separate" is a complex task. Debt Allocation: Ensuring you aren't stuck paying for debts your spouse incurred that didn't benefit the marriage. Protecting Your Future with the Law Offices of Maximilian A. Stovall Property division is often the most contentious part of a divorce. Max Stovall combines a calm, compassionate presence with a fierce dedication to ensuring his clients receive their fair share. We work to identify every asset, trace separate property, and ensure your financial interests are protected in court. Don't leave your financial legacy to chance. Contact Us Today If you are concerned about how your assets will be divided, contact the Law Offices of Maximilian A. Stovall for a consultation in Reno or Minden.