Controlled substances are classed into different categories in Nevada based on their medical uses and likelihood for addiction. More dangerous or addictive drugs are placed at the top of the scheduling list with the less dangerous drugs being scheduled at the bottom of the list. The more dangerous a drug is considered to be the harsher the punishments will be in terms of trafficking charges.

Schedule 1

Schedule 1 drugs are drugs with no medically accepted use and a high likelihood for dangerous addiction. Some drugs that are considered to be in the schedule 1 category are heroin, acid, ecstasy, crystal meth, peyote, PCP, and GHB.

Schedule 2

Schedule 2 drugs are considered to be less dangerous than schedule 1 drugs, but still with a high likelihood for addiction and a possible medical use. Some schedule 2 drugs will include cocaine, opium, Oxycontin, Ritalin, morphine, Dilaudid, or Vicodin. When these drugs are medically prescribed, they are often observed closely by physicians as they are known for abuse or addiction in those who take them.

Schedule 3

Schedule 3 drugs are considered less addictive than schedule 1 or 2 drugs, and many have an accepted medical use. Some schedule 3 drugs will include testosterone, anabolic steroids, codeine, and ketamine.

Schedule 4

Schedule 4 and 5 drugs are considered to be the least dangerous in terms of addiction or abuse, as well as widely accepted medical uses. Some schedule 4 or 5 drugs are Valium, sedatives, codeine, Xanax, or tranquilizers.

When facing drug trafficking charges, it is first important to know which schedule the drug in question falls under as this will greatly influence the charges and punishments that may be received upon conviction.

When a person is facing drug trafficking charges involving a schedule 1 drug, they will be facing the harshest drug trafficking penalties. Drug trafficking charges may be faced if the amount of schedule 1 drugs found on a person exceeds 4 grams, and trafficking a number of drugs between 4 and 14 grams can result in being charged with a category B felony. These felony charges can come with punishments including 1 to 6 years spent in a Nevada state prison as well as up to $50,000 in fines.

Drug offenses are addressed by the Comprehensive Drug Abuse Prevention and Control Act of 1970. As recreational drug use increased, the laws at the time were inadequate to tackle the issue. The new law filled that gap by classifying and outlawing certain drugs and addressing drug abuse and treatment.

The classification system includes the most dangerous drugs, like heroin, ecstasy, marijuana, and peyote which do not have an approved medical use. These Schedule I drugs carry the highest penalties in federal law. Schedule II drugs, including cocaine, methamphetamines, heroin, and other opiate derivatives also carry stiff penalties. These include prescription medicine, like OxyContin, which offer legitimate medical benefits but a high potential for abuse.

Schedule III through V are the least dangerous drugs and you likely only see charges brought if the activity involved theft or a large distribution scheme.

Schedule I and II are controlled substances, and if you face charges, it is likely linked to drugs on those lists. Depending on your activity, you can face penalties for:

Manufacturing

This involves production of a drug. It is most common with methamphetamines since those are frequently home-grown. Marijuana cultivation also falls under this category.

Trafficking and distribution

Offenses involve moving drugs from Point A to Point B. This includes selling, transporting and importing controlled substances. Whether you cross the border from Mexico or move drugs between Nevada and California, both offenses fall under trafficking and distribution.

Possession with Intent

Even if you have no intention to distribute, you can still face charges for merely possessing the drugs. Your potential sentence depends on where the substances fall on the schedule and how much you carried. These charges also include the possession of any paraphernalia such as syringes, pipes, and rolling papers.

It is easy for drug charges to end up in the federal system. If you’ve transported drugs across the state line, you will face charges in federal court. Also, if state authorities agree with federal prosecutors that your offense is a federal crime, your case will be handled in federal court with no opportunity to appeal that decision.

Also, it bears mentioning that you still need to be careful with marijuana. While recreational and medical marijuana is legal in Nevada, that changes the minute you bring it to a federal property, like a national park. You can still face federal drug charges for the substance even though there are no state penalties.

The federal court system is known for its severity in sentencing drug crimes. Many factors determine the ultimate sentence but if you do not have a good defense, you are likely facing at least five years in prison if a prosecutor successfully proves charges.

If your offense involved lower quantities of Schedule I and II drugs, you may face at least five years in prison and no more than 40. If death or serious physical injury was involved, the minimum sentence increases to 20 years. For a second offense, the minimum increases to 10 years in prison.

Higher quantities of Schedule I and II drugs results in a prison sentence of 10 years to life for the first offense, especially if someone was hurt or killed. Second offenses range from 20 years to life.

Once you go beyond two offenses, you face life imprisonment.

Federal charges involving marijuana and its derivatives can easily result in sentences ranging from five to 20 years. Even if you possess less than 50 kilograms, you still have the potential of facing up to five years in prison and a $250,000 fine.