27 April 2023
The possession of any amount of fentanyl, a Schedule II substance, is a Category E felony in Nevada, punishable by a minimum of one year and a maximum of four years in state prison for a first offense. However, the court may “suspend the execution of the sentence and grant probation” if the amount is less than 14 grams and the intent was not to sell. The charge may be dismissed upon completion of probation. Penalties increase for larger amounts, intent to sell, repeated offenses, or violating probation.
Fentanyl is a synthetic opioid prescribed for pain relief often made and used illegally. In 2021, the U.S. Center for Disease Control and Prevention reported more than 71,000 overdose deaths due to fentanyl nationwide— a 23% increase from 2020. Fentanyl deaths have recently increased in Nevada, spurring state lawmakers to push for higher penalties for fentanyl trafficking.
This Fact Brief is responsive to conversations such as this one.
Nevada Legislature NAC 453.520 | Schedule II
Nevada Legislature NRS 193.130 | Categories and punishment of felonies
Nevada Legislature Penalties for Category E Felonies Under Nevada Revised Statutes
National Institute on Drug Abuse Fentanyl DrugFacts
Centers for Disease Control U.S. Overdose Deaths In 2021 Increased Half as Much as in 2020 – But Are Still Up 15%
Southern Nevada Health District Health District issues an advisory to the public as fentanyl deaths increase in Clark County
The post Is possession of fentanyl a misdemeanor in Nevada? appeared first on The Nevada Independent.