A synthetic, or imitation, drug is a controlled substance manufactured to mimic a known hallucinogen or narcotic. The drug can be used just like the real drug and may be smoked, injected, ingested, or snorted. In Nevada, it is unlawful to sell, manufacture, or distribute imitation drugs in the state.
What Does It Mean to Manufacture, Sell, or Distribute Synthetic Drugs in Nevada?
To “manufacture a drug” means a person is accused of making an illegal substance using a natural extract or chemical process. The manufacturing of a drug can also include packaging and relabeling the imitation drug. To sell the drug means a person is accused of exchanging something of value for the drug. To distribute an imitation drug refers to giving it away for others to sell.
Are “Possessing a Synthetic Drug” and “Selling the Drug” Similar Crimes in Nevada?
No. To possess a synthetic drug means a person is accused of actual or constructive possession of the drug. and they do not need to be giving it to another person or offering to give it to another person. Actual possession is when a person has the drug somewhere on their body. Constructive possession means a person does not have it physically on them, but does have control over it. The drug may be under a shrub or in a bag, but the person is accused of having possession of it. In Nevada, possession of an imitation drug is actually a gross misdemeanor punishable by one year in county jail and/or a $2,000 fine.
What Is the Penalty for Selling Imitation Drugs in Nevada?
Selling an imitation drug is a misdemeanor. The penalty for a misdemeanor is:
- Six months in county jail
- $1,000 fine
- Fine and jail time
Can Selling Ever Be a Felony in Nevada?
Yes. A person over 18 years old may be charged with a category C felony when selling to anyone under 18 years old. They can be sentenced to a $10,000 fine and up to five years in prison.
Do I Need an Attorney to Help Me?
Being accused of being a drug dealer is difficult enough to overcome without also having to face time in jail. Contact a Nevada attorney immediately for help.