In Nevada, there’s a big difference between simple drug possession and possession with intent to sell — and the penalties reflect it. If prosecutors believe you planned to sell, distribute, or even share drugs, the charges you face can escalate quickly from probation-eligible to prison-mandatory.
Whether your case is in Douglas County, Washoe County, or anywhere else in Northern Nevada, understanding how these cases are handled — and how prosecutors try to prove “intent” — is key to defending yourself.
How Nevada Defines “Possession With Intent to Sell”
Under Nevada law, you can be charged with possession with intent to sell if prosecutors believe you:
- Had a controlled substance in your possession, and
- Planned to sell, deliver, or distribute it
Here’s the important part: You don’t have to be caught in the act of selling to face this charge. Intent can be based entirely on circumstantial evidence.
What Counts as Evidence of Intent?
Police and prosecutors may try to prove intent to sell by pointing to:
- The amount of drugs in your possession — more than what would typically be for personal use
- Packaging materials, like multiple small baggies or containers
- Large amounts of cash, especially in small bills
- Scales or other measuring devices
- Text messages, call logs, or social media messages suggesting drug transactions
- The presence of weapons alongside the drugs
In other words, the same quantity of drugs could result in vastly different charges depending on how it’s packaged, stored, and what else is found with it.
Penalties for Possession With Intent to Sell in Nevada
Possession with intent to sell is a felony in Nevada, and penalties vary depending on the drug schedule and your prior record.
For Schedule I or II drugs (like heroin, cocaine, or methamphetamine):
- First offense: Category D felony, 1–4 years in prison, fines up to $5,000
- Second offense: Category C felony, 1–5 years in prison, fines up to $10,000
- Third offense: Category B felony, 3–15 years in prison, fines up to $20,000
Lower schedules and marijuana have different penalty ranges, but the consequences are still severe — especially for repeat offenders.
Possible Defenses
An experienced defense attorney can challenge a possession with intent to sell charge in several ways:
- Arguing lack of intent — showing the drugs were for personal use, not for sale
- Challenging the search and seizure — if police violated your rights, the evidence could be suppressed
- Questioning the chain of custody — ensuring the drugs and evidence were handled properly from seizure to trial
- Pointing to insufficient evidence — if the state’s case is built on weak assumptions
In some cases, your lawyer may negotiate a reduction from “intent to sell” down to simple possession, which often carries lighter penalties and may qualify you for probation or a diversion program.
Local Courts, Local Strategies
In Douglas County and Washoe County, possession with intent to sell cases are taken seriously by prosecutors and judges. But the details of your case — and the way it’s presented — matter. Local knowledge of how specific judges handle these charges, what diversion options exist, and how local prosecutors negotiate can make a significant difference in the outcome.
Facing Drug Sale Allegations in Northern Nevada? We Can Help.
At Max Stovall Law, we defend clients accused of drug crimes throughout Northern Nevada — from small-town arrests in Minden to large-scale investigations in Reno. We understand the high stakes and know how to challenge the evidence, protect your rights, and fight for your future.
If you’ve been charged with possession with intent to sell, don’t wait until it’s too late to start building your defense.
Contact us
today for a free consultation — and let’s start protecting your future now.
