NRS § 453.411 – Under the Influence of a Controlled Substance in Nevada

Nevada Revised Statute § 453.411 makes it a misdemeanor offense

1. to consume illegal drugs or
2. to be under the influence of a controlled substance.

You can be convicted even if there are no narcotics in your possession at the time of the arrest.

In this article, our Las Vegas criminal defense attorneys will address the following key issues regarding the Nevada crime of being under the influence of a controlled substance:

• 1. Elements of NRS 453.411
• 2. Penalties
• 3. Exceptions
• 4. Defenses
• 5. Immigration Consequences
• 6. Record Seals
• Additional Resources

1. Elements of NRS 453.411

For you to be convicted of being under the influence of a controlled substance in Nevada, prosecutors have to prove beyond a reasonable doubt the following two elements:

1. You used a controlled substance or were under the influence of one, and
2. You acted knowingly.

For example, if someone spiked your drink without your knowledge, you do not violate NRS 453.411 by having the drink or being under the influence because of it.

2. Penalties

As a misdemeanor, being under the influence of a controlled substance carries

• up to six months in jail and/or
• up to $1,000 in fines.

However, many Nevada judges will dismiss your charge if you complete a pre-prosecution diversion program (rehab).¹

3. Exceptions

There are three exceptions where you can legally take controlled substances in Nevada:

1. you are taking prescribed medications (and you are not driving impaired),
2. you are at least 21 and using 2.5 ounces or less of marijuana (and you are not driving impaired),² or
3. you are being administered the drugs in a hospital or rehab facility.

Even if one of these situations applies to you, you can still be convicted if a police officer catches you “high.”

Note that NRS 453.411 is an entirely separate crime from DUI of drugs (DUID). You can be convicted of both DUID and unlawful drug use without violating double jeopardy laws.³

4. Defenses

Here at Las Vegas Defense Group, we have represented literally thousands of people charged with drug crimes, such as being under the influence. In our experience, the following four defenses have proven very effective with judges and prosecutors.

1. You did not realize you took any drugs: We see this case a lot with people who were slipped drugs or had their drink spiked without their knowledge.
2. You never took any drugs: It is not unusual for police officers to mistake legitimate medical conditions such as diabetic comas for drug intoxication.
3. Your blood test was contaminated: We work with expert witnesses who may be able to show that the police’s lab procedures were problematic and untrustworthy.
4. You are addicted and just need treatment: If you are struggling with substance abuse, the judge may agree to enroll you in a diversion program where your charge gets dismissed if you successfully complete rehabilitation.⁴

5. Immigration Consequences

Nearly all drug crime convictions are deportable.⁵ Therefore, non-citizens charged with violating NRS 453.411 should immediately consult with an attorney.

6. Record Seals

NRS 453.411 convictions can be sealed one year after the case ends. If the charge gets dismissed, you can pursue a record seal immediately.⁶

Additional Resources

If you or a loved one is struggling with addiction, refer to the following:

• Narcotics Anonymous (NA) – A 12-step program to overcome drug addiction.
• Substance Abuse and Mental Health Service Administration (SAMHSA) – 24/7 treatment referral service.
• Recovery Village – Support group for families of people struggling with drug addiction.
• Drug Addiction – Mayo Clinic article on diagnosing Substance Use Disorder.
• I Need Help With Drug Addiction – Resources provided by Recovery Centers of America.

Legal References