Caught with a Prescription Drug Without a Prescription

Lawful possession of prescription drugs requires a valid prescription. People found in possession of dangerous drugs without a legal prescription may face various criminal charges for prescription drug offenses. A criminal defense lawyer can help protect against legal penalties involving narcotic drug possession.

What is the Definition of a “Dangerous Drug”?

Nevada law defines “dangerous drugs” as any drug, other than a controlled substance, unsafe for self-medication or unsupervised use, including:

• Any drug approved by the Food and Drug Administration for general distribution that bears the legend “Rx only.”
• Procaine hydrochloride with preservatives and stabilizers in injectable doses and amygdalin, which the Nevada State Board of Health has approved for manufacture in the state, but has not received approval for use by the Food and Drug Administration

Penalties For Drug Possession Without a Valid Prescription

People in Nevada can commit various criminal offenses related to dangerous and prescription drugs, including:

• Fraudulent possession of a dangerous drug or prescription
• Possession of a dangerous drug without a legal prescription
• Unlawful dispensing or furnishing of a dangerous drug

Criminal offenses for unlawful possession of dangerous or prescription drugs constitute gross misdemeanors or category E felonies under Nevada law, with multiple crimes potentially increasing the grading of an offense. Penalties for convictions in the Nevada criminal justice system include:

• Gross misdemeanor – Up to 364 days in county jail, a fine of up to $2,000, or both incarceration and a fine
• Category E felony – One to four years in prison or probation (which may include up to one year in county jail) and a potential fine of up to $5,000

Legal Defenses if Charged for Drug Possession Without a Prescription?

Individuals charged with possessing prescription drugs without a valid prescription may raise various defenses to pursue a favorable resolution to their case, such as:

• Lawful prescription – A defendant charged with unlawful possession of prescription drugs may contest their charges by presenting evidence that they held a valid prescription. 
• Lack of possession – Defendants may argue they did not have actual or constructive possession of dangerous or prescription drugs seized by the police. 
• Challenging the identity of the substance – A defendant may assert that the state failed to confirm the identity of a substance seized by the police as a dangerous or prescription drug. 
• Moving to exclude evidence/statements – Defendants may seek to exclude evidence from the prosecution’s case by arguing that police conducted an unlawful search or violated the defendant’s rights during an interrogation.

How Adras & Altig Can Help

The Las Vegas defense lawyers at Adras & Altig can help if you face charges for possession of dangerous drugs by:

• Independently investigating your charges to obtain all available evidence for your defense
• Determining potential defenses or legal strategies you could pursue
• Explaining your charges and the potential outcomes to help you make informed decisions throughout your case
• Contesting the prosecution’s case at each step
• Vigorously pursuing the best possible resolution under the circumstances

If you’ve been arrested for possession of prescription drugs without a prescription, you need an experienced criminal defense lawyer to defend your rights and protect you from criminal penalties. Contact Adras & Altig today for a confidential consultation with a criminal defense attorney to discuss your next steps and find out how we can help you.