Prescription painkillers OxyContin (oxycodone) and Vicodin (hydrocodone) are schedule II controlled substances. Any unlawful
- use,
- possession,
- sale or
- trafficking of these drugs in Nevada is a felony.
However, most first-time possession cases can be dropped entirely if you complete probation. Otherwise, charges can often be plea-bargained down to a misdemeanor.
The following bubble graph shows the standard prison sentence for first-time OxyContin or Vicodin convictions in Nevada:
Below our Las Vegas criminal defense lawyers answer frequently asked questions about OxyContin and Vicodin crimes in Nevada.
What are the penalties?
The more serious the drug charge, the more extensive the incarceration and fine, as the following table shows.1
| OxyContin or Vicodin Crime | Nevada Penalties for a 1st-time Conviction |
| Possession for personal use (NRS 453.336) | Category E felony (for less than 14 grams): Your case will likely be dismissed if you complete certain court-ordered terms. |
| Possession for sale (NRS 453.337) | Category D felony: 1 to 4 years in prison (or probation) and up to $5,000 |
| Selling, giving away, or transporting (NRS 453.321) | Category C felony: 1 to 5 years in prison (or probation) and up to $10,000 |
| Trafficking (NRS 453.3385) | Category B felony (for 100 to less than 400 grams): 2 to 20 years in prison and up to $100,000 |
| Being under the influence (NRS 453.411) and Driving under the influence (NRS 484.110) | Misdemeanor: Up to 6 months in jail and/or $1,000 |
How do I fight the charges?
Here at Las Vegas Defense Group, we have represented literally thousands of people charged with prescription drug crimes. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries at getting OxyContin and Vicodin charges lessened or dismissed.
- You did not know the drugs were there. Maybe someone planted the drugs in your residence or vehicle. Or perhaps your roommate possessed the drugs without telling you. If the prosecutor cannot show you were aware of the drugs, no crime occurred.2
- The police entrapped you. Law enforcement is allowed to go undercover, conduct stings, and lie to you. However, they cross the line if they threaten or otherwise force you into breaking a law you were not predisposed to fail. If police unduly pressured you into committing a drug crime, the entrapment defense could get your case completely dismissed.3
- The police conducted an unconstitutional search. Police are required to conduct their searches within the bounds of the Fourth Amendment. If the police overstep their bounds – such as by failing to get a warrant when necessary – you may ask the judge to suppress any illegally-obtained evidence. If the court grants your “motion to suppress,” the D.A. may be left unable to prove guilt beyond a reasonable doubt.
Can my record be sealed?
Drug cases can be sealed from your Nevada criminal record. However, there may be a wait, as the following table shows.4
| Nevada OxyContin or Vicodin Conviction | Record Seal Waiting Period |
| Being under the influence | 1 year after the case closes |
| Simple possession | 2 years after the case closes |
| Possession for sale, selling, manufacturing, transporting, or trafficking | 5 years after the case closes |
| DUI of drugs | 7 years after the case closes |
| Dismissal (no conviction) | Right away (no wait) |
Learn about how to petition for a Nevada criminal record seal.
Are there immigration consequences?
Yes, non-citizens convicted of any drug crime related to OxyContin or Vicodin face deportation.5 Immigrants should hire an experienced attorney as soon as possible to try to get the charges dismissed.
Related Drug Crimes
See our articles on:
Learn more about Nevada drug offenses.
Additional Resources
If you or someone you know is struggling with addiction, refer to the following:
- Narcotics Anonymous – 12-step program to overcome drug addiction.
- Nar-Anon – 12-step program for family/friends of addicts.
- SAMHSA – Substance Abuse and Mental Health Services – 24/7 hotline and support.
- SAMHSA – Online treatment locator – Find rehabs by address or zip code.
- Crisis Support Services of Nevada – 24/7 hotline and support.
Legal References:
- NRS 453.336; NRS 453.337; NRS 453.321; NRS 453.3385; NRS 453.441.
-
Sanders v. State (1994) 110 Nev. 434, 874 P.2d 1239.
- NRS 179.255; NRS 179.245. Whisler v. State. (2005)
- 8 U.S.C. 1227(a)(2)(B).
