Man Del CS PG 2 or 2-A ≥4g<400g: Charges, Penalties, and Process
Understand how Texas law handles mid-level drug delivery charges, including legal thresholds, court procedures, and sentencing outcomes.
Nevada law addresses drug offenses with significant gravity, particularly concerning the manufacture or delivery of controlled substances. Charges involving substances classified under Nevada’s schedules, in quantities ranging from 4 to 400 grams, carry substantial legal consequences. Understanding the classification, required proof, sentencing, and court procedures under Nevada law is crucial for those navigating the legal system.
Legal Classification
Nevada classifies drug offenses based on the type of controlled substance and the alleged conduct, such as manufacturing or delivering. Controlled substances are categorized into five Schedules under Nevada Revised Statutes Chapter 453.1Nevada Legislature. NRS Chapter 453 – Controlled Substances Schedule I includes drugs like heroin and LSD, deemed to have high abuse potential and no accepted medical use, while Schedule V includes substances with lower abuse potential.
Substances sometimes associated with classifications like Texas’s Penalty Group 2 or 2-A, such as PCP (phencyclidine) or amphetamine, fall under Nevada’s Schedules. PCP is a Schedule I substance (NRS 453.166), and amphetamine is Schedule II (NRS 453.176). Manufacturing or delivering these substances is a serious crime.
When the quantity reaches certain thresholds, the charge often escalates to drug trafficking under NRS 453.3385 (for many Schedule I and II substances, excluding marijuana) or NRS 453.3395 (specifically detailing thresholds for Schedule II substances).2Nevada Legislature. NRS 453.3385 – Trafficking in Controlled Substances Under current law (NRS 453.3385), trafficking of Schedule I or II substances (excluding marijuana) begins at 100 grams. Trafficking 100 grams or more, but less than 400 grams, is classified as “low-level trafficking,” a Category B felony.
For Schedule II substances specifically under NRS 453.3395, trafficking 28 grams or more but less than 200 grams is a Category C felony, while 200 grams or more but less than 400 grams is a Category B felony.3Nevada Legislature. NRS 453.3395 – Trafficking in Schedule II Controlled Substances It is important to recognize that older statutes or different charges (like simple possession) may involve lower weight thresholds, including the 4-gram mark. However, under the primary trafficking statute NRS 453.3385 as amended, the 100-gram threshold applies for Category B low-level trafficking relevant to the 100g-400g range. Therefore, manufacturing or delivering substances like PCP or amphetamine between 4 and 400 grams could result in various felony classifications (including possession charges for amounts under trafficking thresholds) depending on the exact weight and specific statute applied.
Elements Prosecutors Must Prove
To secure a conviction for trafficking controlled substances under NRS 453.3385 or 453.3395, prosecutors must prove several elements beyond a reasonable doubt.
First, the prosecution must establish the defendant knowingly or intentionally sold, manufactured, delivered, or brought the controlled substance into Nevada, or was knowingly or intentionally in actual or constructive possession of it. Actual possession involves direct physical control, while constructive possession means the defendant had the ability and intent to control the substance without it being on their person.
Second, the identity of the substance as one listed in Schedule I or II (as applicable to the specific statute) must be proven, typically through laboratory analysis and expert testimony.
Third, the quantity of the substance must meet the specific weight threshold defined in the relevant trafficking statute (e.g., 100 grams under NRS 453.3385, or 28 grams/200 grams under NRS 453.3395). The weight must be proven accurately.
Finally, the prosecution must demonstrate the defendant acted “knowingly or intentionally,” meaning they were aware of the substance’s presence and knew it was a controlled substance. Nevada case law indicates the state generally does not need to prove the defendant knew the exact quantity, only that they knowingly committed the prohibited act involving a known controlled substance. Circumstantial evidence, such as drug paraphernalia, large amounts of cash, or concealment efforts, can be used to infer knowledge and intent.
Effects of Quantity
The quantity of a controlled substance is a critical factor in determining the specific charge and its severity under Nevada law, especially for amounts between 4 and 400 grams. This range often implicates Nevada’s drug trafficking statutes or high-level possession charges.
Recent legislative changes (effective July 1, 2020) adjusted trafficking thresholds.4Nevada Sentencing Commission. AB236 Practitioner’s Guide (April 2020) While older laws might have initiated trafficking charges at 4 grams for some substances, the current NRS 453.3385 sets the minimum for trafficking many Schedule I and II substances (excluding marijuana) at 100 grams. Quantities between 4 grams and just under 100 grams would typically fall under possession statutes like NRS 453.336.5Nevada Legislature. NRS 453.336 – Unlawful Possession Not for Purpose of Sale This statute has its own weight-based tiers, classifying possession of 14g to <28g as a Category C felony, 28g to <42g as a Category B felony, and 42g to <100g as a more serious Category B felony. Once the quantity reaches 100 grams for substances covered by NRS 453.3385 (excluding marijuana), the charge becomes trafficking. Amounts from 100 grams up to, but not including, 400 grams constitute "low-level trafficking," a Category B felony. For Schedule II substances specifically addressed by NRS 453.3395, trafficking begins at 28 grams (Category C felony) and escalates to a Category B felony at 200 grams. The precise weight measured is therefore fundamental in determining whether the charge is possession or trafficking, and the specific felony category assigned.
Sentence Possibilities
Sentencing for Nevada drug offenses involving Schedule I or II substances depends on the specific conviction, which is heavily influenced by quantity and actions (possession, intent to sell, trafficking).
Possession charges under NRS 453.336 carry tiered penalties. A Category E felony (often for first/second offenses under 14g) allows for probation or 1-4 years imprisonment and up to a $5,000 fine. A Category C felony (e.g., 14g to <28g) carries 1-5 years and up to $10,000. A Category B felony under this statute (e.g., 28g to <42g or 42g to <100g) carries potential prison terms of 1-10 years or 2-15 years, respectively, and fines up to $50,000. Possession with intent to sell (NRS 453.337) is typically a Category D felony for a first offense (1-4 years prison, fine up to $5,000-$20,000).[mfn]Nevada Legislature. NRS 453.337 – Unlawful Possession for Sale[/mfn] Subsequent offenses escalate to Category C (1-5 years, up to $10,000 fine) and then Category B (3-15 years, up to $20,000 fine). Probation may be possible for a first offense but becomes less likely later.
Trafficking 100 grams or more but less than 400 grams of a Schedule I or II substance under NRS 453.3385 (“low-level trafficking”) is a Category B felony. This specific charge carries a mandatory prison sentence with a minimum term of 2 years and a maximum term of 20 years, plus a potential fine up to $100,000. Trafficking convictions generally require prison time, though NRS 453.3405 allows for potential sentence modification if the defendant provides substantial assistance to law enforcement. Sentences for trafficking Schedule II substances under NRS 453.3395 vary based on weight (e.g., 28g-200g is Category C, 1-5 years; 200g-400g is Category B, 2-15 years).
Bail Considerations
Individuals facing felony drug charges in Nevada, such as high-level possession or trafficking involving 4 to 400 grams, are generally entitled to bail before conviction, according to NRS 178.484, unless charged with certain capital offenses. For the Category B or C felonies associated with these drug offenses, bail is typically allowed, but the amount and conditions are set by a judge.
Judicial decisions on bail are guided by NRS 178.4853, aiming to ensure court appearance and community safety.6Nevada Legislature. NRS 178.4853 – Factors Considered Before Release Without Bail Factors considered include the defendant’s community ties (residence length, employment, family), reputation, character, mental condition, and prior criminal record, especially any history of failing to appear in court.
The nature and seriousness of the current charge, such as trafficking significant quantities, weigh heavily. The court evaluates the potential sentence and probability of conviction as indicators of flight risk. The potential danger the defendant’s release might pose to the community or specific individuals is also assessed. Nevada law (NRS 178.4851) favors the least restrictive conditions necessary, requiring courts to consider release without bail or on non-monetary conditions first. If monetary bail is set, the court must consider the defendant’s ability to pay (NRS 178.498) and state its reasoning. Bail amounts for serious drug felonies can be substantial, and release may include conditions like monitoring or drug testing.
Court Proceedings
Felony drug cases in Nevada, such as those under NRS 453.336 or NRS 453.3385 involving 4 to 400 grams, proceed through a structured court process. It begins with an initial appearance in Justice Court, where the defendant is informed of the charges, advised of their rights, and counsel is addressed (appointed if necessary per NRS 171.188).
For felonies, a preliminary hearing typically follows in Justice Court within 15 days (NRS 171.196), unless waived or bypassed by a grand jury indictment.7Nevada Legislature. NRS 171.196 – Preliminary Examination This hearing determines if probable cause exists to believe a felony was committed by the defendant. If probable cause is found, the case is “bound over” to District Court.
In District Court, another arraignment occurs (NRS 174.015), where the formal charges (Information or Indictment) are presented, and the defendant enters a plea (e.g., not guilty, guilty, nolo contendere/no contest per NRS 174.035).8Nevada Legislature. NRS Chapter 174 – Arraignment and Preparation for Trial A not guilty plea leads toward trial.
The pretrial phase involves discovery (evidence exchange) and pretrial motions under NRS Chapter 174. Common motions in drug cases challenge evidence admissibility (motions to suppress, NRS 179.085) based on search and seizure issues, or address other legal points before trial.
Plea negotiations often occur during this time. If an agreement is reached and approved by the court, the defendant may plead guilty or no contest, often for reduced charges or sentencing recommendations (NRS 174.061, NRS 174.065).
If no plea agreement is reached, the case proceeds to a jury trial in District Court (NRS 175.011), unless waived.9Nevada Legislature. NRS Chapter 175 – Trial The trial involves jury selection, opening statements, presentation of evidence by the prosecution and defense (including cross-examination), closing arguments, jury instructions from the judge (NRS 175.161), and jury deliberation leading to a unanimous verdict (NRS 175.481).
