According to NRS 453.332, it is unlawful to manufacture, distribute, or sell an imitation controlled substance. This offense is a misdemeanor, punishable by a maximum of 6 months in county jail and a $1,000 fine. Selling real drugs is a felony offense. As such, this creates an incentive for individuals to sell fake drugs, as the potential charge is much less serious.
Under subsection 4 of NRS 453.332, it is also a crime to possess an imitation controlled substance with the intent to use it. Possession of an imitation controlled substance is a gross misdemeanor, punishable by up to a year in jail and a $2000 fine. Note that possession of a controlled substance is actually a more serious offense for the person buying than the person selling.
Both selling and possessing imitation controlled substances can become felonies under certain circumstances. In particular, with regard to selling fake drugs, if the person selling is over 18 and the person buying is under 18, the crime becomes a felony, punishable by 1 to 5 years in state prison. Regarding possession with intent to use, if you are convicted three separate times for this offense, the third time is a felony, punishable by 1 to 5 years in prison.
Many individuals who have been charged with buying imitation drugs have never been in trouble before, and want to keep their records clean of any criminal convictions. So if you have been charged with this offense, call me right now and we can discuss the specifics of your case.
When you're facing criminal charges, you need more than just a lawyer. You need someone who understands the system, knows how to fight, and won’t back down. I’ve spent years defending clients in Las Vegas courts, building a reputation for aggressive advocacy and honest, effective representation. If you’re ready to put this behind you, I’m here to help you move forward.
— Michael Pandullo
