NEVADA HIGH COURT SAYS FAKE DRUG PENALTIES ARE MISDEMEANORS

The Nevada Supreme Court has ruled selling fake drugs to undercover agents
can result in misdemeanor -- not felony -- charges.

The case involved Charles Edward Washington, who was arrested in the Reno
area after selling what he claimed was cocaine to agents. It wasn't even a
drug, so they arrested him on a felony charge of selling an imitation
controlled substance.

Washington's lawyers challenged the felony charge, saying the state
Legislature changed that law to a misdemeanor. But a district judge upheld
the Washoe County district attorney's right to charge the crime as a felony.

The Supreme Court disagreed on Monday, noting the two statutes overlap "both
in form and application and cover identical conduct."

And since the misdemeanor version was the last one approved, it effectively
repeals the felony version, the high court said in ordering a misdemeanor
resentencing.