Possession With Intent to Sell in Nevada: What You Need to Know
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.
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.
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.
