The Dangers of Trafficking Drugs (NRS 453.3385, 453.339, 453.3395, 453.3405)
When one thinks of trafficking drugs, the likes of drug runners, Mexican cartels, gangs, Pablo Escobar or anyone with a substantial amount of drugs and money comes to mind. However, a trafficking charge may be nothing more than a possession charge for personal consumption, not someone who plays a role in the distribution of drug tracking.
The danger lies in the type of controlled substance and the amount. Having a certain controlled substance will trigger a felony trafficking charge, regardless if you were in the business or act of trafficking drugs.
For example, if you had 4 grams of cocaine or even 4 grams of mushrooms, but less than 14 grams, it would be a category B felony with a minimum prison term of 1 year and a maximum term of not more than 6 years and a fine not more than $50,000.
If the amount is 14 grams or more, but less than 28 grams, the penalties are 2 years to a maximum 15 years and a fine not more than $100,000. If the amount is 28 grams or more, then it is a category A felony and prison for life with possibility of parole when a minimum of 10 years has been served, or a definite term of 25 years, with the eligibility for parole beginning when a minimum of 10 years has been served and a possible fine of $500,000.
If you are in actual or constructive possession of a schedule I controlled substance, even if this was just for recreational and personal use, you will be looking at mandatory prison and you will not eligible for parole until you actually serve the minimum sentence.
Marijuana is a Schedule I controlled substance as well, but the amounts that trigger trafficking are higher and the penalties vary.
Contact The Law Offices of Garrett T. Ogata for a free consultation.