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.

Divorce in Nevada: What to Expect in Douglas and Washoe Counties

September 24, 2025
Going through a divorce can be one of the most stressful experiences of your life. Questions about money, children, and the future can feel overwhelming, and the legal system adds another layer of uncertainty. If you’re considering divorce in Douglas County, Washoe County, or anywhere else in Northern Nevada, here’s a complete guide to how divorce works in Nevada — from filing requirements to final judgment. Residency Requirements To file for divorce in Nevada, at least one spouse must live in the state for six consecutive weeks before filing. Residency must be proven, often with a signed affidavit from a witness who can confirm your presence in the state. This relatively short residency requirement makes Nevada one of the easier states in which to file for divorce. Where to File Divorces must be filed in the district court for the county where either spouse lives: Douglas County: Ninth Judicial District Court in Minden Washoe County: Second Judicial District Court in Reno Filing in the correct county ensures your case proceeds smoothly. Grounds for Divorce in Nevada Nevada is a no-fault divorce state, meaning you don’t have to prove wrongdoing like adultery or abandonment. Instead, most divorces are filed under: Incompatibility (irreconcilable differences) Living separately for at least one year without cohabitation Contested vs. Uncontested Divorce Uncontested divorce: Both spouses agree on all issues, including custody, property division, and support. This is the fastest and least expensive option, sometimes finalized within weeks. Contested divorce: Spouses disagree on one or more major issues. This process can take months or longer, often requiring hearings, mediation, or a trial. Key Issues in Nevada Divorces 1. Division of Property Nevada is a community property state. This means all assets and debts acquired during the marriage are generally divided 50/50. Separate property — assets owned before marriage or received as gifts/inheritances — typically remains with the original owner. Disputes often arise over business interests, retirement accounts, and real estate. 2. Spousal Support (Alimony) Alimony isn’t automatic in Nevada. Courts consider factors such as: Length of the marriage Financial needs and earning capacity of each spouse Contributions to the household or one spouse’s career Standard of living during the marriage Support may be temporary, rehabilitative (helping one spouse retrain for work), or long-term. 3. Child Custody and Support Custody decisions are made based on the best interest of the child (NRS 125C.0035). Courts prefer joint custody when possible, but factors such as stability, parental fitness, and history of domestic violence or substance abuse weigh heavily. Child support is calculated using Nevada’s statutory guidelines, which consider the parents’ income and the number of children. Divorce Timeline in Nevada Uncontested divorce: As little as 6–8 weeks Contested divorce: 6 months to over a year, depending on complexity and court schedules Costs of Divorce The cost of divorce varies. Court filing fees in Washoe and Douglas Counties are typically several hundred dollars. Attorney fees depend on whether the divorce is uncontested or contested — contested divorces are significantly more expensive due to additional hearings and trial preparation. Mediation and Alternatives Nevada courts encourage mediation for custody and parenting disputes. Mediation can help couples avoid long, costly trials while maintaining more control over the outcome. Modifying Divorce Decrees Life changes after divorce. Custody, support, and even alimony orders can sometimes be modified if you show a significant change in circumstances, such as job loss, relocation, or new financial needs. Local Representation in Douglas and Washoe Counties Divorce is never easy, but you don’t have to go through it alone. At Max Stovall Law , we guide clients in Douglas County, Washoe County, and throughout Northern Nevada through every step of the divorce process. From straightforward uncontested cases to complex, contested divorces, we fight to protect your rights, your children, and your financial future.

Child Custody in Nevada: How Courts Decide

August 27, 2025
Few issues in family law cause more stress than child custody. Parents want to know: What will happen to my kids? How will the court decide? In Nevada, custody decisions are based on what the court believes is in the best interest of the child. If you’re going through a divorce or separation in Douglas County, Washoe County, or elsewhere in Northern Nevada, here’s what you need to know about how custody is decided. Types of Custody in Nevada Nevada recognizes two main types of custody: • Legal custody: The right to make important decisions about your child’s education, healthcare, and upbringing. • Physical custody: Where the child lives and who provides day-to-day care. Custody can be joint (shared between parents) or sole (granted primarily to one parent). Courts prefer joint custody when possible, believing children benefit from ongoing relationships with both parents. The “Best Interest of the Child” Standard Under Nevada law (NRS 125C.0035), judges must prioritize the child’s best interests above all else. Factors the court considers include: • The child’s relationship with each parent • Each parent’s ability to provide a stable home • The child’s physical, developmental, and emotional needs • The child’s preference, if mature enough to express it • Any history of domestic violence, neglect, or substance abuse • The willingness of each parent to foster a relationship between the child and the other parent No single factor is decisive — judges weigh all circumstances carefully. Modifying Custody Orders Custody isn’t set in stone. If circumstances change — such as one parent moving, changes in a child’s needs, or concerns about safety — custody orders can be modified. To do this, the requesting parent must show a substantial change in circumstances and prove the modification would benefit the child. Local Custody Cases in Douglas and Washoe Counties Custody cases in Douglas County are typically heard in the East Fork Justice Court or District Court in Minden, while Washoe County cases are handled at the Second Judicial District Court in Reno. Each court has its own procedures, but both apply the same Nevada custody laws. Having an attorney who knows the local judges and practices can make a real difference. Protecting Your Parental Rights At Max Stovall Law, we know how important your children are. We’ve helped parents across Northern Nevada navigate custody disputes with compassion and strength, fighting for arrangements that serve both the child’s best interests and the parent’s rights. If you’re facing a custody dispute, don’t face it alone. Contact us today for a free consultation.