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.

Petty Theft in Nevada: Penalties and Defenses

By Max Stovall • November 5, 2025
Petty theft is one of the most common charges in Nevada, especially for first-time offenders . But while it may sound minor, a conviction can leave you with a permanent criminal record and lasting consequences for your employment and reputation. Whether your case is in Douglas County, Washoe County, or anywhere else in Northern Nevada, it’s important to understand what’s at stake. What Counts as Petty Theft in Nevada? Petty theft — also called petit larceny — is defined as intentionally stealing property valued at less than $1,200. Common examples include: Shoplifting small items from a store Taking property from a friend, roommate, or co-worker Switching price tags to pay less Walking out of a business without paying for services Penalties for Petty Theft Petty theft is a misdemeanor in Nevada. If convicted, you could face: Up to 6 months in jail Fines up to $1,000 Restitution to the victim Possible community service While jail time is rare for first-time offenders, a conviction still creates a permanent criminal record that can affect job applications, housing, and professional licensing. Petty Theft vs. Grand Larceny If the value of the property is $1,200 or more, the charge becomes grand larceny, which is a felony with much harsher penalties. Prosecutors will often rely on store records or victim statements to determine value, so challenging that valuation can sometimes be a defense strategy. Defenses to Petty Theft Charges Potential defenses include: Lack of intent to steal Mistaken identity Wrongful accusation Disputing the value of the property Violation of your rights during the search or arrest In some cases, your attorney can negotiate for dismissal if you agree to pay restitution, attend theft prevention classes, or complete community service. Keeping a Conviction Off Your Record First-time offenders in Douglas and Washoe Counties may be eligible for diversion programs that result in charges being dropped after you meet certain conditions. This option is worth pursuing to avoid having theft on your record. We Defend Petty Theft Cases in Northern Nevada At Max Stovall Law, we’ve helped many clients — including first-time offenders — avoid the long-term consequences of a petty theft conviction. We know how to negotiate for reduced charges, push for dismissal, and protect your reputation. If you’ve been charged with petty theft, don’t assume it’s “just a ticket.” Contact us today for a free consultation to learn your options.

Driving with a Suspended License in Nevada: What Can Happen

By Max Stovall • October 22, 2025
If your driver’s license has been suspended in Nevada, getting behind the wheel might seem tempting — especially if you need to get to work, school, or take care of family. But driving on a suspended license is more than just a traffic violation. It’s a criminal offense with penalties that can make your situation much worse. Whether your case is in Douglas County, Washoe County, or anywhere else in Northern Nevada, here’s what you need to know about the risks, penalties, and possible defenses. Why Licenses Get Suspended in Nevada A suspension can happen for many reasons, including: DUI convictions or administrative suspensions Too many demerit points on your driving record Failing to pay traffic tickets or court fines Driving without insurance Certain criminal convictions, like reckless driving or vehicular manslaughter In many cases, you’ll receive notice from the Nevada DMV about your suspension, including the length of time and any steps you must take to reinstate your license. The Penalties for Driving While Suspended Driving with a suspended license in Nevada is usually a misdemeanor, but the penalties can be serious. For most cases, you could face: Fines: Up to $1,000 Jail time: Up to 6 months (though many first-time offenders receive probation instead) Extended suspension: The DMV will typically add more time to your suspension period If your suspension is related to a DUI, the penalties can be even harsher — including possible mandatory jail time and a longer extension on your suspension. How You Can Be Caught Police can learn about your suspension in several ways: Running your license during a traffic stop Automated license plate readers (ALPR) in patrol cars After an accident investigation Even if you’re driving safely, being pulled over for a minor infraction can lead to a suspended license charge if your driving privileges aren’t valid. Possible Defenses Depending on the circumstances, an attorney may be able to challenge the charge by showing: You were not aware your license was suspended (though this defense has limits) The DMV or court made an administrative error in suspending your license You were driving in a true emergency situation In some cases, your lawyer may be able to negotiate for a reduced charge — such as driving without a valid license — which carries lighter penalties. How to Reinstate Your License The best way to avoid a suspended license charge is to get your license reinstated before driving again. This usually involves: Paying any outstanding fines or fees Providing proof of insurance (SR-22 in some cases) Completing any required classes or court-ordered programs Waiting until the full suspension period has ended Local Defense for Suspended License Charges At Max Stovall Law, we represent clients facing suspended license charges in Douglas County, Washoe County, and across Northern Nevada. We know the local courts, the DMV process, and how to fight for reduced penalties — or get charges dismissed when possible. If you’ve been cited for driving with a suspended license, don’t wait for the problem to get worse. Contact us today for a free consultation and let’s start working toward getting you back on the road legally.