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Is possession of fentanyl a misdemeanor in Nevada?

By Hanna Fahsholtz on 04/27/2023


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.

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