Possession With Intent to Sell in Nevada: What You Need to Know
Max Stovall • August 11, 2025
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.
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: Actual possession – Having the drugs physically on you, like in your pocket or backpack. Constructive possession – The drugs aren’t on you, but they’re in a place you control, like your car, apartment, or storage unit. 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.
If you’ve ever watched a crime drama on TV, you’ve probably heard the famous line: “You have the right to remain silent…” But in the real world — especially if you’ve been arrested or questioned by law enforcement — understanding what your Miranda rights actually mean can make or break your case. Whether you’re facing charges in Douglas County, Washoe County, or anywhere else in Nevada, it’s crucial to know your rights — and how to use them wisely. What Are Miranda Rights? Miranda rights come from the 1966 U.S. Supreme Court case Miranda v. Arizona. The ruling requires police to inform you of specific constitutional rights before conducting a custodial interrogation — that is, questioning you while you’re in police custody. These rights include: The right to remain silent The right to an attorney The warning that anything you say can be used against you in court The right to have an attorney appointed if you can’t afford one These protections stem from the Fifth Amendment (protection against self-incrimination) and the Sixth Amendment (right to legal counsel). When Do Miranda Rights Apply in Nevada? Here’s a common misconception: police are not required to read you your Miranda rights at the time of arrest. In Nevada, your rights only need to be read if: You are in custody, and Law enforcement intends to question you So, if you’re arrested but not questioned, Miranda may not apply. Likewise, if you’re being questioned but are not technically in custody (for example, during a voluntary interview), your statements may still be admissible even if no rights were read. This gray area is where people often get tripped up — and why having a lawyer involved early matters. What Happens If Police Don’t Read You Your Rights? If you’re interrogated while in custody and your Miranda rights weren’t read, any statements you made may be considered inadmissible in court. That means the prosecutor can’t use them against you — and in some cases, it may lead to charges being reduced or dismissed. However, this does not mean your entire case is thrown out. The charges can still stand if there’s other evidence against you — like physical evidence, witness testimony, or surveillance footage. That’s why it’s so important to invoke your rights — and use them — from the moment you’re detained. How to Use Your Rights Effectively Knowing your rights is one thing. Using them wisely is another. If you’re stopped, questioned, or arrested in Nevada, here’s what to do: Say clearly and calmly: “I’m invoking my right to remain silent and I want to speak to an attorney.” Stop talking immediately. Even casual or offhand remarks can be used against you. Do not try to explain or justify yourself. That’s what your lawyer is for. Be respectful, but firm. You’re not required to answer questions, even if officers pressure you. This applies whether you’re in downtown Reno, at a traffic stop in Minden, or sitting in an interview room anywhere in the state. Miranda Rights Are a Tool — But Not a Loophole It’s important to understand that Miranda rights are not a “get out of jail free” card. They are there to protect you from coercion and help level the playing field between you and law enforcement. But if you waive those rights — either by speaking freely or answering questions — you may unknowingly harm your own case. That’s why having an experienced criminal defense attorney is essential. Your lawyer can challenge improper questioning, suppress statements made without proper Miranda warnings, and protect your constitutional rights at every stage of the process. Charged or Questioned in Northern Nevada? Don’t Go It Alone. At Max Stovall Law, we help clients across Douglas County, Washoe County, and greater Northern Nevada understand and assert their legal rights. Whether you’ve already been charged or you’ve just been contacted by police, we can step in, defend your rights, and help you make informed decisions from day one. Contact us today for a free consultation . We’ll walk you through what’s happened, what your options are, and how we can help protect your future — starting now.
