Drug Trafficking in Nevada (NRS 453.3385): Weight Thresholds and Penalties
In Nevada, “trafficking” does not require proof of any sale. Under NRS 453.3385, a person who knowingly possesses 100 grams or more of a schedule I or II controlled substance – or any mixture containing one – is guilty of trafficking based on weight alone. The same statute covers selling, manufacturing, delivering or bringing the drugs into the state.
Trafficking carries mandatory prison. The court cannot suspend the sentence or grant probation, and parole is not available until the mandatory minimum is served, unless the person provides substantial assistance to law enforcement. That makes the weight, the search and the knowledge element the central issues in nearly every case.
Drug Trafficking in Nevada at a Glance
| Statute | NRS 453.3385 |
| 100 grams to under 400 grams (“low-level”) | Category B felony – 2 to 20 years, up to $100,000 |
| 400 grams or more (“high-level”) | Category A felony – life with parole after 10 years, or 25 years with parole after 10; up to $500,000 |
| Probation | Not available (except through substantial assistance) |
| Fentanyl | Separate trafficking statute, NRS 453.3387, with its own thresholds |
| Record sealing | Category B: 5 years. Category A: 10 years |
What the State Must Prove Under NRS 453.3385
To convict you of trafficking under NRS 453.3385, the State must prove beyond a reasonable doubt that you:
- Knowingly or intentionally sold, manufactured, delivered, brought into Nevada, or were in actual or constructive possession of;
- Flunitrazepam, GHB, or a schedule I or II controlled substance other than marijuana, or a mixture containing one;
- In a quantity of 100 grams or more.
Weight includes the entire mixture, including cutting agents. That rule can lead to trafficking charges for relatively small amounts of actual drug, and it makes the lab’s weighing procedures, packaging and the handling of the evidence important.
Marijuana trafficking is charged under a separate statute, NRS 453.339, and fentanyl trafficking under NRS 453.3387. For fentanyl cases, the court may suspend the sentence if the person proves by a preponderance of the evidence that they did not know the mixture contained illicitly manufactured fentanyl.
Penalties for Drug Trafficking in Nevada
Trafficking penalties are fixed by the amount involved.
| Circumstance | Classification | Possible sentence |
|---|---|---|
| 100 grams to under 400 grams | Category B felony | 2 to 20 years in prison; fine up to $100,000 |
| 400 grams or more | Category A felony | Life with parole eligibility after 10 years, or a definite 25 years with parole eligibility after 10 years; fine up to $500,000 |
Under NRS 453.3405, a trafficking sentence cannot be suspended and the person is not eligible for parole until the mandatory minimum term has actually been served. The only statutory exception is a motion showing the person rendered substantial assistance in the investigation or prosecution of any offense – a decision the court makes after hearing from the arresting agency.
Possessing a firearm in furtherance of trafficking is a separate category B felony under NRS 202.360(3). Trafficking charges are also frequently accompanied by forfeiture proceedings against cash, vehicles and property.
Common Defenses to Drug Trafficking Charges
Every case turns on its own facts, but these are the issues we look at first when reviewing a charge like this one.
Unlawful search
Trafficking cases typically come from highway stops on I-15, parcel interceptions, or search warrants. Extended traffic stops, consent obtained under pressure, canine sniffs, and warrants based on stale or unreliable information are all common grounds for suppression motions.
No knowledge of the drugs
Rental cars, borrowed vehicles, packages addressed to others and shared residences often contain drugs the accused did not know about. The State must prove knowing possession, and constructive possession requires both knowledge and control.
Weight and lab challenges
The difference between 99 and 100 grams, or 399 and 400 grams, changes the case dramatically. Moisture, packaging weight, sampling methods and chain of custody should be examined, and an independent re-weigh or re-test may be warranted.
Entrapment and informant issues
Cases built on controlled buys or reverse stings raise questions about informant reliability and whether law enforcement induced someone who was not otherwise predisposed to commit the offense.
Record Sealing, Immigration and Other Consequences
Record sealing
A category B trafficking conviction can generally be sealed 5 years after release or discharge, and a category A conviction after 10 years, under NRS 179.245.
Immigration
Trafficking is an aggravated felony under federal immigration law and results in near-certain removal and a permanent bar to returning. Non-citizens need immigration counsel involved from the beginning.
Federal prosecution
Large-quantity cases, interstate shipments and cases involving federal agents may be prosecuted federally, where mandatory minimums and sentencing guidelines differ. Whether a case stays in state court can depend on early decisions.
Related Nevada Offenses
- Drug possession (NRS 453.336) – possession tiers below 100 grams.
- Possession for the purpose of sale (NRS 453.337) – possession with intent to sell below trafficking weight.
- Firearm in furtherance of drug offenses (NRS 202.360) – a separate category B felony.
How Drug Trafficking Cases Move Through Clark County Courts
Felony and gross misdemeanor cases in Clark County begin in a justice court (Las Vegas, Henderson, North Las Vegas or one of the outlying townships). The State must then show probable cause at a preliminary hearing, or obtain a grand jury indictment, before the case is bound over to the Eighth Judicial District Court for arraignment, motions and trial. The preliminary hearing is often the defense’s first chance to cross-examine the State’s witnesses under oath, and a large share of felony cases are reduced or resolved at the justice court stage, before bindover.
Frequently Asked Questions About Drug Trafficking in Nevada
How many grams is trafficking in Nevada?
For schedule I or II substances other than marijuana and fentanyl, 100 grams or more of the mixture is low-level trafficking and 400 grams or more is high-level trafficking. Fentanyl and marijuana have separate trafficking statutes.
Can you get probation for drug trafficking in Nevada?
No. The sentence cannot be suspended, except through a substantial assistance motion or, in fentanyl cases, proof that the person did not know the mixture contained fentanyl.
Does trafficking require selling drugs?
No. Possessing 100 grams or more is enough. Selling, manufacturing, delivering or bringing drugs into Nevada in those amounts also qualifies.
Talk to a Henderson Criminal Defense Lawyer About Your Drug Trafficking Case
Joshua U. AlDabbagh has been licensed in Nevada since 2010 and began his career defending people accused of crimes in Clark County. If you or a family member has been arrested or charged under NRS 453.3385, the decisions made in the first days of the case matter: what is said to police, whether evidence is preserved, and how bail and release conditions are handled. Call Southern Nevada Law Firm, PLLC at 702-589-4771 or send a message online to schedule a consultation. Our office is at 2831 St. Rose Parkway, Suite 292, in Henderson, and we handle cases throughout Las Vegas, Henderson, North Las Vegas and the rest of Clark County. Learn more about our criminal defense practice.
Statutes Cited
- NRS 453.3385 – Trafficking in schedule I or II substances
- NRS 453.3387 – Trafficking in fentanyl
- NRS 453.3405 – Trafficking: no suspended sentence; substantial assistance
- NRS 179.245 – Sealing records after conviction
This article is general information about Nevada law as of October 2026, not legal advice for any specific situation. Statutes and court decisions change, and the outcome of any case depends on its facts. Reading this page or contacting the firm does not create an attorney-client relationship. Attorney advertising.