[Rev. 2/10/2015 5:34:13
PM--2014R2]
CHAPTER 453 - CONTROLLED SUBSTANCES
GENERAL PROVISIONS
NRS 453.005 Applicability
of chapter to medical use of marijuana.
UNIFORM CONTROLLED SUBSTANCES ACT
General Provisions
NRS 453.011 Short
title; purpose.
NRS 453.013 Uniformity
of interpretation.
NRS 453.016 Definitions.
NRS 453.021 “Administer”
defined.
NRS 453.023 “Advanced
practice registered nurse” defined.
NRS 453.026 “Agent”
defined.
NRS 453.031 “Board”
defined.
NRS 453.038 “Chart
order” defined.
NRS 453.039 “Compound”
and “compounding” defined.
NRS 453.043 “Controlled
substance analog” defined.
NRS 453.046 “Counterfeit
substance” defined.
NRS 453.051 “Deliver”
and “delivery” defined.
NRS 453.053 “Department”
defined.
NRS 453.056 “Dispense”
defined.
NRS 453.061 “Dispenser”
defined.
NRS 453.066 “Distribute”
defined.
NRS 453.071 “Distributor”
defined.
NRS 453.076 “Division”
defined.
NRS 453.081 “Drug”
defined.
NRS 453.082 “Drug
Enforcement Administration” defined.
NRS 453.083 “Fill”
defined.
NRS 453.085 “Hospital”
defined.
NRS 453.086 “Immediate
precursor” defined.
NRS 453.087 “Institutional
pharmacy” defined.
NRS 453.0875 “Isomer”
defined.
NRS 453.091 “Manufacture”
defined.
NRS 453.096 “Marijuana”
defined.
NRS 453.098 “Narcotic
addict” defined.
NRS 453.099 “Narcotic
addiction” defined.
NRS 453.101 “Narcotic
drug” defined.
NRS 453.106 “Opiate”
defined.
NRS 453.111 “Opium
poppy” defined.
NRS 453.113 “Person”
defined.
NRS 453.117 “Pharmacy”
defined.
NRS 453.118 “Pharmacy
in a correctional institution” defined.
NRS 453.121 “Poppy
straw” defined.
NRS 453.126 “Practitioner”
defined.
NRS 453.128 “Prescription”
defined.
NRS 453.131 “Production”
defined.
NRS 453.134 “Refill”
defined.
NRS 453.136 “State”
defined.
NRS 453.137 “Steroid”
defined.
NRS 453.141 “Ultimate
user” defined.
NRS 453.146 Powers
and duties of Board.
NRS 453.151 Cooperative
arrangements; confidentiality of information.
NRS 453.153 Cooperation
between Board and Division required.
NRS 453.154 Division
required to prepare certain reports concerning controlled substances; Division
and Board may enter into agreements with public agencies; requirements.
NRS 453.1545 Development
of computerized program to track prescriptions for controlled substances;
course of training required for persons who access database; reporting of
illegal activity; agreements with state agency of another state to receive or
exchange information obtained by program; confidentiality of information
obtained from program; immunity from liability for practitioner who transmits
certain required information and reports; gifts, grants and donations.
NRS 453.155 Programs
for research and education.
NRS 453.157 Confidentiality
of information concerning research or medical practice.
NRS 453.159 Existing
orders or regulations unaffected.
Schedules
NRS 453.166 Schedule
I tests.
NRS 453.176 Schedule
II tests.
NRS 453.186 Schedule
III tests.
NRS 453.196 Schedule
IV tests.
NRS 453.206 Schedule
V tests.
NRS 453.211 Review,
revision and dissemination of schedules.
NRS 453.216 Nomenclature.
NRS 453.218 Addition
of immediate precursor to schedule.
NRS 453.2182 Treatment
by Board when substance is designated, rescheduled or deleted as controlled
substance by federal law.
NRS 453.2184 Scheduling
of substance by extraordinary regulation.
NRS 453.2186 Board
prohibited from including certain substances on schedule; exceptions; required
considerations.
NRS 453.2188 Placement
of substance in schedule allowed if controlled by federal law pursuant to
international treaty, convention or protocol.
NRS 453.219 Controlled
substance analog: Treatment as substance in schedule I; notice of prosecution;
determination by Board.
Regulations
NRS 453.221 Regulations;
fees.
NRS 453.226 Requirements
for registration; authority of registrant; exemptions and waivers; inspections.
NRS 453.231 Registration:
Public interest; specific controlled substances; research.
NRS 453.232 Penalty
for failure to register.
NRS 453.233 Notice
of conviction of registered person to be furnished.
NRS 453.236 Suspension,
revocation of registration; seizure, placement under seal of controlled
substance owned or possessed by registrant; notification of Drug Enforcement
Administration and Division concerning suspension, revocation or forfeiture;
registrant prohibited from employing person whose pharmacist’s certificate was
suspended or revoked.
NRS 453.241 Administrative
proceedings to deny, suspend or revoke registration.
NRS 453.246 Recordkeeping
and inventory requirements for registrants.
NRS 453.251 Order
forms.
NRS 453.256 Prescriptions;
requirements for dispensing certain substances; penalty.
NRS 453.257 Filling
second or subsequent prescriptions.
Enforcement
NRS 453.261 Administrative
inspections.
NRS 453.266 Administrative
warrant for inspection.
NRS 453.271 Powers
of enforcement of officers and employees of Division.
NRS 453.276 Injunctions.
NRS 453.281 Burden
of proof; immunity of officers from liability.
NRS 453.286 Judicial
review.
Forfeitures
NRS 453.301 Property
subject to forfeiture.
NRS 453.305 Forfeiture
of real property or mobile home: Notices to owner.
NRS 453.311 Controlled
substances; plants; seizure and forfeiture.
Offenses and Penalties
NRS 453.316 Unlawful
to open or maintain place for unlawful sale, gift or use of controlled
substance; penalties; probation or suspension of sentence for certain repeat
offenders not allowed.
NRS 453.321 Offer,
attempt or commission of unauthorized act relating to controlled or counterfeit
substance unlawful; penalties; prohibition against probation or suspension of
sentence for certain repeat offenders.
NRS 453.322 Offer,
attempt or commission of unauthorized act relating to manufacture or compounding
of certain controlled substances unlawful; penalty; prohibition against
probation of offenders.
NRS 453.324 Unlawful
to possess or dispose of methamphetamine manufacturing waste; exception;
penalty.
NRS 453.326 Unlawful
acts relating to recordkeeping, inspections and knowingly keeping or
maintaining place where controlled substances are unlawfully used, kept or
sold; penalty.
NRS 453.331 Unlawful
acts relating to distribution of certain controlled substances by registrants,
use of unauthorized registration number and possession of signed blank
prescription forms; certain fraudulent acts prohibited; penalty.
NRS 453.332 Unlawful
acts relating to imitation controlled substances; penalties.
NRS 453.3325 Unlawful
to allow child to be present during commission of certain violations which
involve controlled substances other than marijuana; penalties; probation or
suspended sentence prohibited.
NRS 453.333 Penalties
for making available controlled substance which causes death.
NRS 453.3335 Additional
penalty for failing to render or seek medical assistance for person injured or
killed by use of controlled substance under certain circumstances.
NRS 453.334 Penalty
for second or subsequent offense of sale of controlled substance to minor.
NRS 453.3345 Additional
penalty for commission of certain violations at or near school, school bus
stop, recreational facilities for minors or public park.
NRS 453.3351 Additional
penalty for commission of certain violations which involve methamphetamine
under certain circumstances.
NRS 453.3353 Additional
and alternative penalties for commission of certain violations which involve
controlled substances other than marijuana and result in death or substantial
bodily harm to another person.
NRS 453.336 Unlawful
possession not for purpose of sale: Prohibition; penalties; exception.
NRS 453.3361 Unlawful
possession not for purpose of sale: Local ordinances adopting penalties for
certain similar offenses; allocation of fines collected for violation of local
ordinance.
NRS 453.3363 Suspension
of proceedings and probation of accused under certain conditions; effect of
discharge and dismissal.
NRS 453.3365 Sealing
of record of person convicted of possession of controlled substance not for
purpose of sale; conditions.
NRS 453.337 Unlawful
possession for sale of flunitrazepam, gamma-hydroxybutyrate and schedule I or
II substances; penalties.
NRS 453.338 Unlawful
possession for sale of substances classified in schedule III, IV or V;
penalties.
NRS 453.3383 Determination
of weight of controlled substance for purposes of NRS
453.3385, 453.339 and 453.3395.
NRS 453.3385 Trafficking
in controlled substances: Flunitrazepam, gamma-hydroxybutyrate and schedule I
substances, except marijuana.
NRS 453.339 Trafficking
in controlled substances: Marijuana.
NRS 453.3393 Unlawful
to produce or process marijuana; exception; penalties.
NRS 453.3395 Trafficking
in controlled substances: Schedule II substances.
NRS 453.3405 Trafficking
in controlled substances: Suspended sentence limited; eligibility for parole;
reduction or suspension of sentence of person assisting in investigation or
prosecution of any offense; consideration of factors by court.
NRS 453.341 Prosecution
or proceeding under prior law unaffected.
NRS 453.346 Effect
of conviction or acquittal under federal or other state laws.
NRS 453.348 Previous
convictions.
METHAMPHETAMINE PRECURSORS
NRS 453.352 Definitions.
NRS 453.3525 “Logbook”
defined.
NRS 453.353 “Product
that is a precursor to methamphetamine” defined.
NRS 453.3535 “Retail
distributor” defined.
NRS 453.354 Manner
of keeping, storing or placing methamphetamine precursor.
NRS 453.355 Limitations
on sale or transfer of methamphetamine precursor by retail distributor;
exception.
NRS 453.357 Retail
distributor required to maintain logbook; information required to be entered in
logbook at time of sale or transfer of methamphetamine precursor; requirements
for sale or transfer of methamphetamine precursor; notice concerning entering
false statement or representation in logbook; maintenance of entries in
logbook; limitation on accessing, using, sharing or disclosing information in
logbook.
NRS 453.358 Civil
penalty for violation.
NRS 453.3585 Limitations
on acquisition of methamphetamine precursor; exception; penalties.
NRS 453.359 Penalty
for entering false statement or representation in logbook.
ILLEGAL INTERNET PHARMACIES
NRS 453.3611 Definitions.
NRS 453.3615 “Dangerous
drug” defined.
NRS 453.3618 “Illegal
Internet pharmacy” defined.
NRS 453.3621 “Imitation
controlled substance” defined.
NRS 453.3625 “Internet”
defined.
NRS 453.3628 “Prescription
drug” defined.
NRS 453.3633 Circumstances
under which person has “reasonable cause to believe.”
NRS 453.3635 Applicability.
NRS 453.3638 Unlawful
acts relating to filling or refilling prescription or delivering certain
substances or drugs; aiding unlawful act prohibited; penalties; multiple
punishments authorized.
NRS 453.3639 Unlawful
acts relating to filling or refilling prescription via Internet; exception;
aiding unlawful act prohibited; penalties; penalty not exclusive.
NRS 453.3643 Unlawful
acts relating to issuance of prescription; circumstances under which
practitioner or person licensed by another jurisdiction is prohibited from
prescribing prescription drug; aiding unlawful act prohibited; penalties;
multiple punishments authorized.
NRS 453.3648 Concurrent
jurisdiction of Attorney General and district attorneys to prosecute
violations.
FURTHER REGULATION AND PROHIBITIONS
NRS 453.371 Definitions.
NRS 453.375 Authority
to possess and administer controlled substances.
NRS 453.377 Authority
to dispense controlled substances.
NRS 453.381 Limitations
on prescribing, possessing, administering, transporting and dispensing controlled
substances.
NRS 453.385 Adoption
of regulations governing prescriptions for controlled substances; compliance
with federal law.
NRS 453.391 Unlawful
taking or obtaining of controlled substance or prescription.
NRS 453.401 Penalties
for conspiracy.
NRS 453.411 Unlawful
use of controlled substance; penalties.
NRS 453.421 Penalty
for violation of NRS 453.371 to 453.391, inclusive.
NRS 453.431 Unlawful
acts relating to filling and refilling prescriptions and obtaining controlled
substance or prescription; authorization to request proper identification from
person requesting controlled substance.
NRS 453.505 Controlled
substance for which prescription is not required: Violation of regulation by
pharmacist; misrepresentation to pharmacist to obtain controlled substance;
penalties.
NRS 453.521 Unlawful
possession or sale of nasal inhaler; exception.
NRS 453.541 Sacramental
use of peyote permitted.
NRS 453.551 Immunity
for acts in performance of official duties.
NRS 453.552 Criminal
penalties additional to civil penalties or sanctions.
CIVIL PENALTIES
NRS 453.553 Action
to recover civil penalty: Persons liable for civil penalty; action to be
brought by Attorney General or district attorney; definitions.
NRS 453.5531 Action
to recover civil penalty: Amount of money recoverable as civil penalty.
NRS 453.5532 Money
collected as civil penalty: Limitations on use.
NRS 453.5533 Limitation
on action to recover civil penalty; effect of criminal proceeding on civil
action.
DRUG PARAPHERNALIA
NRS 453.554 “Drug
paraphernalia” defined.
NRS 453.556 Factors
for identifying object as item of drug paraphernalia.
NRS 453.558 Injunctions.
NRS 453.560 Unlawful
delivery, sale, possession or manufacture.
NRS 453.562 Unlawful
delivery to minor.
NRS 453.564 Unlawful
advertising.
NRS 453.566 Unlawful
use or possession.
MISCELLANEOUS PROVISIONS
NRS 453.568 Report
of loss or theft of controlled substance.
NRS 453.570 Amount
of controlled substance needed to sustain conviction for prohibited offense.
NRS 453.575 Fee
for analysis of controlled substance or other substance or drug: Inclusion in
sentence of offender; distribution and use of proceeds.
NRS 453.580 Program
for treatment of certain offenders: Powers and duties of court; contents;
payment of costs.
TREATMENT AND REHABILITATION OF ADDICTS
NRS 453.600 Declaration
of legislative purpose.
NRS 453.660 Experimental
and clinical programs; personnel; regulations.
NRS 453.670 Local
governments may assist programs and services.
NRS 453.680 Cooperative
agreements.
NRS 453.690 Information
to be furnished.
NRS 453.700 Application
for treatment; regulations relating to voluntary submission.
NRS 453.710 Liability
for costs of treatment.
NRS 453.720 Confidential
and privileged information.
NRS 453.730 Emergency
treatment authorized without notification to law enforcement officer or agency.
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GENERAL PROVISIONS
NRS 453.005 Applicability of chapter to medical use of marijuana. The provisions of this chapter do not apply to
the extent that they are inconsistent with the provisions of chapter 453A of NRS.
(Added to NRS by 2001, 3066)
UNIFORM CONTROLLED SUBSTANCES ACT
General Provisions
NRS 453.011 Short title; purpose.
1. NRS 453.011
to 453.348, inclusive, may be cited as the Uniform
Controlled Substances Act.
2. The Uniform Controlled Substances Act
(1990) is substituted in a continuing way for the provisions of NRS 453.011 to 453.348,
inclusive, except as those provisions are specifically amended.
(Added to NRS by 1971, 1999; A 1987, 1653; 1991, 1648)
NRS 453.013 Uniformity of interpretation. NRS 453.011 to 453.348,
inclusive, shall be so applied and construed as to effectuate its general
purpose and to make uniform the law with respect to the subject of such
sections among those states which enact it.
(Added to NRS by 1971, 2022)—(Substituted in revision
for NRS 453.361)
NRS 453.016 Definitions. As
used in this chapter, the words and terms defined in NRS
453.021 to 453.141, inclusive, have the meanings
ascribed to them in those sections except in instances where the context
clearly indicates a different meaning.
(Added to NRS by 1971, 1999; A 1977, 1409; 1979, 1654; 1987, 1653; 1989, 1680; 1991, 484, 793, 1648)
NRS 453.021 “Administer” defined. “Administer”
means the direct application of a controlled substance, whether by injection,
inhalation, ingestion or any other means, to the body of a patient or research
subject by:
1. A practitioner or, in the
practitioner’s presence, by the practitioner’s authorized agent; or
2. The patient or research subject at the
direction and in the presence of the practitioner.
(Added to NRS by 1971, 1999; A 1973, 579; 1977, 672; 1979, 1654; 1991, 1648)
NRS 453.023 “Advanced practice registered nurse” defined. “Advanced practice registered nurse” means a
registered nurse who holds a valid license as an advanced practice registered
nurse issued by the State Board of Nursing pursuant to NRS 632.237.
(Added to NRS by 1991, 793; A 2013, 2082)
NRS 453.026 “Agent” defined. “Agent”
means a pharmacist who cares for a patient of a prescribing practitioner in a
medical facility or in a setting that is affiliated with a medical facility
where the patient is receiving care in accordance with written guidelines and
protocols developed and approved pursuant to NRS 639.2809, a licensed practical nurse
or registered nurse who cares for a patient of a prescribing practitioner in a
medical facility or an authorized person who acts on behalf of or at the
direction of and is employed by a manufacturer, distributor, dispenser or
prescribing practitioner. The term does not include a common or contract
carrier, public warehouseman or employee of the carrier or warehouseman.
(Added to NRS by 1971, 2000; A 1979, 1654; 1991, 1953; 2011, 3079)
NRS 453.031 “Board” defined. “Board”
means the State Board of Pharmacy.
(Added to NRS by 1971, 2000; A 1977, 1221)
NRS 453.038 “Chart order” defined. “Chart order” means an order entered on the
chart of a patient:
1. In a hospital, facility for
intermediate care or facility for skilled nursing which is licensed as such by
the Division of Public and Behavioral Health of the Department; or
2. Under emergency treatment in a hospital
by a physician, advanced practice registered nurse, dentist or podiatric
physician, or on the written or oral order of a physician, physician assistant
licensed pursuant to chapter 630 or 633 of NRS, advanced practice registered nurse,
dentist or podiatric physician authorizing the administration of a drug to the
patient.
(Added to NRS by 1979, 1671; A 1981, 1957; 1985, 1750; 1993, 2232; 1995, 1717; 2001, 408, 783, 794; 2007, 1862; 2013, 2082)
NRS 453.039 “Compound” and “compounding” defined. “Compound”
or “compounding” means to form or make up a composite product by combining two
or more different ingredients.
(Added to NRS by 1979, 1671)
NRS 453.043 “Controlled substance analog” defined.
1. “Controlled substance analog” means a
substance the chemical structure of which is substantially similar to the
chemical structure of a controlled substance placed in schedule I or II and:
(a) Which has a stimulant, depressant or
hallucinogenic effect on the central nervous system substantially similar to
the stimulant, depressant or hallucinogenic effect on the central nervous
system of a controlled substance placed in schedule I or II pursuant to NRS 453.166 or 453.176; or
(b) With respect to a particular person, which he
or she represents or intends to have a stimulant, depressant or hallucinogenic
effect on the central nervous system substantially similar to the stimulant,
depressant or hallucinogenic effect on the central nervous system of a
controlled substance included in schedule I or II.
2. The term does not include:
(a) A controlled substance;
(b) A substance for which there is an approved
new drug application;
(c) A substance with respect to which an
exemption is in effect for investigational use by a particular person under
Section 505 of the federal Food, Drug, and Cosmetic Act (21 U.S.C. § 355) to
the extent conduct with respect to the substance is permitted by the exemption;
or
(d) Any substance to the extent not intended for
human consumption before an exemption takes effect with respect to the
substance.
(Added to NRS by 1991, 1644)
NRS 453.046 “Counterfeit substance” defined. “Counterfeit
substance” means a controlled substance which, or the container or labeling of
which, without authorization, bears the trademark, trade name or other
identifying mark, imprint, number or device, or any likeness thereof, of a
manufacturer, distributor or dispenser other than the person who in fact
manufactured, distributed or dispensed the substance.
(Added to NRS by 1971, 2000)
NRS 453.051 “Deliver” and “delivery” defined. “Deliver”
or “delivery” means the actual, constructive or attempted transfer from one
person to another of a controlled substance, whether or not there is an agency
relationship.
(Added to NRS by 1971, 2000)
NRS 453.053 “Department” defined. “Department”
means the Department of Health and Human Services.
(Added to NRS by 1979, 1671)
NRS 453.056 “Dispense” defined.
1. Except as limited by subsection 2,
“dispense” means to deliver a controlled substance to an ultimate user, patient
or research subject by or pursuant to the lawful order of a practitioner,
including the prescribing, administering, packaging, labeling or compounding
necessary to prepare the substance for that delivery.
2. The term does not include the
furnishing of a controlled substance by a hospital pharmacy for inpatients.
(Added to NRS by 1971, 2000; A 1973, 579; 1977, 672, 938; 1979, 1654; 1987, 1653; 1991, 1648)
NRS 453.061 “Dispenser” defined. “Dispenser”
means a practitioner who dispenses.
(Added to NRS by 1971, 2000)
NRS 453.066 “Distribute” defined. “Distribute”
means to deliver other than by administering or dispensing a controlled
substance. The term includes wholesale distribution as defined in NRS 639.0155.
(Added to NRS by 1971, 2000; A 1991, 1160)
NRS 453.071 “Distributor” defined. “Distributor”
means a person who distributes. The term includes a wholesaler as defined in NRS 639.016.
(Added to NRS by 1971, 2000; A 1991, 1160)
NRS 453.076 “Division” defined. “Division”
means the Investigation Division of the Department of Public Safety.
(Added to NRS by 1971, 2000; A 1981, 2014; 1985, 1996; 2001, 2624)
NRS 453.081 “Drug” defined.
1. “Drug” means substances:
(a) Recognized as drugs in the official United
States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States,
or official National Formulary, or any supplement to any of them;
(b) Intended for use in the diagnosis, cure,
mitigation, treatment or prevention of disease in humans or animals;
(c) Other than food, intended to affect the
structure or any function of the bodies of humans or animals; and
(d) Intended for use as a component of any
article specified in paragraph (a), (b) or (c).
2. “Drug” does not include devices or
their components, parts or accessories.
(Added to NRS by 1971, 2000)
NRS 453.082 “Drug Enforcement Administration” defined. “Drug Enforcement Administration” means the
Drug Enforcement Administration of the United States Department of Justice, or
its successor agency.
(Added to NRS by 1991, 484)
NRS 453.083 “Fill” defined. “Fill”
means the counting, measuring, compounding, pouring, packaging and labeling
required to prepare a drug for either direct or indirect delivery to a patient.
(Added to NRS by 1979, 1672)
NRS 453.085 “Hospital” defined. “Hospital”
means any facility which is licensed by the Department as a hospital and which
provides care and treatment of human illness or other abnormal physical or
mental conditions on an inpatient basis, including any such facility operated
by this State or a political subdivision of this State.
(Added to NRS by 1979, 1672; A 1987, 950)
NRS 453.086 “Immediate precursor” defined. “Immediate
precursor” means a substance:
1. Which the Board has found to be and by
regulation has designated to be the principal compound commonly used or
produced primarily for use in the manufacture of a controlled substance; and
2. Which is a chemical intermediary used
or likely to be used in the manufacture of the controlled substance or the
control of which is necessary to prevent, curtail or limit the manufacture of
the controlled substance.
(Added to NRS by 1971, 2001; A 1979, 1655; 1991, 1649; 1995, 296)
NRS 453.087 “Institutional pharmacy” defined. “Institutional
pharmacy” means a pharmacy or other storage place as defined by regulations
adopted by the Board which is a part of or operated in conjunction with a
medical facility as that term is defined in NRS
449.0151. The term includes:
1. A pharmacy on the premises of the
medical facility which provides a system of distributing and supplying
medication to the facility, whether or not operated by the facility; and
2. A pharmacy off the premises of the
medical facility which provides services only to the patients of the facility
and provides a system of distributing medication based upon chart orders from
the medical facility.
(Added to NRS by 1987, 1653; A 1993, 1989)
NRS 453.0875 “Isomer” defined. “Isomer”
means an optical isomer, but in subsection 5 of NRS
453.101 the term includes a geometric isomer.
(Added to NRS by 1991, 1644)
NRS 453.091 “Manufacture” defined.
1. “Manufacture” means the production,
preparation, propagation, compounding, conversion or processing of a substance,
either directly or indirectly by extraction from substances of natural origin,
or independently by means of chemical synthesis, or by a combination of
extraction and chemical synthesis, and includes any packaging or repackaging of
the substance or labeling or relabeling of its container.
2. “Manufacture” does not include the
preparation, compounding, packaging or labeling of a substance by a pharmacist,
physician, physician assistant licensed pursuant to chapter 630 or 633
of NRS, dentist, podiatric physician, advanced practice registered nurse or
veterinarian:
(a) As an incident to the administering or
dispensing of a substance in the course of his or her professional practice; or
(b) By an authorized agent under his or her
supervision, for the purpose of, or as an incident to, research, teaching or
chemical analysis and not for sale.
(Added to NRS by 1971, 2001; A 1981, 1958; 1983, 921; 1993, 2232; 1995, 1717; 2001, 408, 783, 794, 888; 2007, 1862; 2013, 2082)
NRS 453.096 “Marijuana” defined.
1. “Marijuana” means:
(a) All parts of any plant of the genus Cannabis,
whether growing or not;
(b) The seeds thereof;
(c) The resin extracted from any part of the
plant; and
(d) Every compound, manufacture, salt, derivative,
mixture or preparation of the plant, its seeds or resin.
2. “Marijuana” does not include the mature
stems of the plant, fiber produced from the stems, oil or cake made from the
seeds of the plant, any other compound, manufacture, salt, derivative, mixture
or preparation of the mature stems (except the resin extracted therefrom),
fiber, oil or cake, or the sterilized seed of the plant which is incapable of
germination.
(Added to NRS by 1971, 2001; A 1975, 450)
NRS 453.098 “Narcotic addict” defined. “Narcotic
addict” means a person of any age who has developed a compulsion to continue
taking or who has developed a psychic or physical dependence on the effects of
a narcotic drug.
(Added to NRS by 1979, 1672)
NRS 453.099 “Narcotic addiction” defined. “Narcotic
addiction” means compulsion to continue taking or psychic or physical
dependence on the effects of a narcotic drug.
(Added to NRS by 1979, 1672)
NRS 453.101 “Narcotic drug” defined. “Narcotic
drug” means any of the following, however manufactured:
1. Opium, opium derivative, and any
derivative of either, including their salts, isomers and salts of isomers but
not including isoquinoline alkaloids of opium;
2. Synthetic opiate and any derivative of
synthetic opiate, including their isomers, esters, ethers, salts, and salts of
isomers, esters and ethers;
3. Poppy straw and concentrate of poppy
straw;
4. Coca leaves, except coca leaves and
extracts of coca leaves from which cocaine, ecgonine, and derivatives of
ecgonine or their salts have been removed;
5. Cocaine, or any salt, isomer or salt of
isomer of cocaine;
6. Cocaine base;
7. Ecgonine, or any derivative, salt,
isomer or salt of isomer of ecgonine; and
8. A compound, mixture or preparation
containing any quantity of a substance listed in this section.
(Added to NRS by 1971, 2001; A 1991, 1649)
NRS 453.106 “Opiate” defined.
1. “Opiate” means any substance having an
addiction-forming or addiction-sustaining liability similar to morphine or
being capable of conversion into a drug having addiction-forming or
addiction-sustaining liability, including opium, opium derivatives and
synthetic opiates.
2. “Opiate” does not include, unless
specifically designated as controlled under NRS 453.146,
the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan)
but includes the racemic and levorotatory forms of dextromethorphan.
(Added to NRS by 1971, 2002; A 1991, 1649)
NRS 453.111 “Opium poppy” defined. “Opium
poppy” means the plant of the species Papaver somniferum L., except its
seeds.
(Added to NRS by 1971, 2002)
NRS 453.113 “Person” defined. “Person”
includes a government or a governmental subdivision or agency.
(Added to NRS by 1991, 1644)
NRS 453.117 “Pharmacy” defined.
1. “Pharmacy” means every store or shop
licensed by the Board where drugs, controlled substances, poisons, medicines or
chemicals are stored or possessed, or dispensed or sold at retail, or displayed
for sale at retail, or where prescriptions are compounded or dispensed.
2. “Pharmacy” includes pharmacies owned or
operated by the State of Nevada and political subdivisions and municipal
corporations therein.
(Added to NRS by 1979, 1672)
NRS 453.118 “Pharmacy in a correctional institution” defined. “Pharmacy in a correctional institution” means
a pharmacy or other storage place for medicines, controlled substances and
dangerous drugs which is a part of or is operated in conjunction with a correctional
facility, including a jail and facility for the detention of juveniles.
(Added to NRS by 1987, 1653)
NRS 453.121 “Poppy straw” defined. “Poppy
straw” means all parts, except the seeds, of the opium poppy, after mowing.
(Added to NRS by 1971, 2002)
NRS 453.126 “Practitioner” defined. “Practitioner”
means:
1. A physician, dentist, veterinarian or
podiatric physician who holds a license to practice his or her profession in
this State and is registered pursuant to this chapter.
2. An advanced practice registered nurse
who holds a certificate from the State Board of Pharmacy authorizing him or her
to dispense or to prescribe and dispense controlled substances.
3. A scientific investigator or a
pharmacy, hospital or other institution licensed, registered or otherwise
authorized in this State to distribute, dispense, conduct research with respect
to, to administer, or use in teaching or chemical analysis, a controlled
substance in the course of professional practice or research.
4. A euthanasia technician who is licensed
by the Nevada State Board of Veterinary Medical Examiners and registered
pursuant to this chapter, while he or she possesses or administers sodium
pentobarbital pursuant to his or her license and registration.
5. A physician assistant who:
(a) Holds a license from the Board of Medical
Examiners; and
(b) Is authorized by the Board to possess,
administer, prescribe or dispense controlled substances under the supervision
of a physician as required by chapter 630 of
NRS.
6. A physician assistant who:
(a) Holds a license from the State Board of
Osteopathic Medicine; and
(b) Is authorized by the Board to possess,
administer, prescribe or dispense controlled substances under the supervision
of an osteopathic physician as required by chapter
633 of NRS.
7. An optometrist who is certified by the
Nevada State Board of Optometry to prescribe and administer therapeutic
pharmaceutical agents pursuant to NRS
636.288, when the optometrist prescribes or administers therapeutic
pharmaceutical agents within the scope of his or her certification.
(Added to NRS by 1971, 2002; A 1979, 593, 1655; 1989, 539; 1991, 793, 1650; 1993, 2232; 1995, 1718; 1997, 691; 1999, 1916; 2001, 409, 784, 795; 2007, 1863; 2013, 2082)
NRS 453.128 “Prescription” defined.
1. “Prescription” means:
(a) An order given individually for the person
for whom prescribed, directly from a physician, physician assistant licensed
pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician,
optometrist, advanced practice registered nurse or veterinarian, or his or her
agent, to a pharmacist or indirectly by means of an order signed by the
practitioner or an electronic transmission from the practitioner to a
pharmacist; or
(b) A chart order written for an inpatient
specifying drugs which he or she is to take home upon his or her discharge.
2. The term does not include a chart order
written for an inpatient for use while he or she is an inpatient.
(Added to NRS by 1973, 579; A 1979, 1655; 1981, 1958; 1983, 1511; 1987, 1653; 1991, 1953; 1993, 2233; 1995, 1718; 1999, 1916; 2001, 409, 784, 795; 2007, 1863; 2013, 2083)
NRS 453.131 “Production” defined. “Production”
includes the manufacturing of a controlled substance and the planting,
cultivation, growing or harvesting of a plant from which a controlled substance
is derived.
(Added to NRS by 1971, 2002; A 1991, 1650)
NRS 453.134 “Refill” defined. “Refill”
means to fill again.
(Added to NRS by 1979, 1672)
NRS 453.136 “State” defined. “State”
means a state of the United States, the District of Columbia, the Commonwealth
of Puerto Rico or a territory or insular possession subject to the jurisdiction
of the United States.
(Added to NRS by 1971, 2002; A 1991, 1650)
NRS 453.137 “Steroid” defined. “Steroid”
means any of the compounds that contain a hydrogenated
cyclopentophenanthrene-ring system, and includes the sterols.
(Added to NRS by 1989, 1680)
NRS 453.141 “Ultimate user” defined. “Ultimate
user” means a person who lawfully possesses a controlled substance for his or
her own use or the use of a member of the person’s household or for
administering to any animal owned by the person or by a member of the person’s
household. The term includes the guardian of an ultimate user or any other
person authorized in a durable power of attorney to act on the behalf of the
ultimate user. The term does not include a patient in or an employee of a
medical facility, as defined in NRS
449.0151, who is not statutorily authorized to administer drugs.
(Added to NRS by 1971, 2002; A 1987, 950; 1991, 1954; 1993, 1215)
NRS 453.146 Powers and duties of Board.
1. The Board shall administer the
provisions of NRS 453.011 to 453.552,
inclusive, and may add substances to or delete or reschedule all substances
enumerated in schedules I, II, III, IV and V by regulation.
2. In making a determination regarding a
substance, the Board shall consider the following:
(a) The actual or relative potential for abuse;
(b) The scientific evidence of its
pharmacological effect, if known;
(c) The state of current scientific knowledge
regarding the substance;
(d) The history and current pattern of abuse;
(e) The scope, duration and significance of
abuse;
(f) The risk to the public health;
(g) The potential of the substance to produce
psychic or physiological dependence liability; and
(h) Whether the substance is an immediate
precursor of a controlled substance.
3. The Board may consider findings of the
federal Food and Drug Administration or the Drug Enforcement Administration as
prima facie evidence relating to one or more of the determinative factors.
4. After considering the factors
enumerated in subsection 2, the Board shall make findings with respect thereto
and adopt a regulation controlling the substance if it finds the substance has
a potential for abuse.
5. The Board shall designate as a
controlled substance a steroid or other product which is used to enhance
athletic performance, muscle mass, strength or weight without medical
necessity. The Board may not designate as a controlled substance an anabolic
steroid which is:
(a) Expressly intended to be administered through
an implant to cattle, poultry or other animals; and
(b) Approved by the Food and Drug Administration
for such use.
(Added to NRS by 1971, 2002; A 1973, 580, 1203; 1977, 72; 1979, 1655; 1981, 734; 1987, 1552, 1654; 1989, 1680; 1991, 1650; 1999, 2637; 2001, 1055; 2003, 551)
NRS 453.151 Cooperative arrangements; confidentiality of information.
1. The Board and the Division shall
cooperate with federal and other state agencies in discharging their
responsibilities concerning traffic in controlled substances and in suppressing
the abuse of controlled substances. To this end, the Board and Division may:
(a) Arrange for the exchange of information among
governmental officials concerning the use and abuse of controlled substances;
(b) Coordinate and cooperate in training programs
concerning controlled substance law enforcement at local and state levels;
(c) Cooperate with the Drug Enforcement
Administration by establishing a centralized unit to accept, catalog, file and
collect statistics, including records of drug-dependent persons and other
controlled substance law offenders within the State, and make the information
available for federal, state and local law enforcement purposes. The Board and
the Division shall not furnish the name or identity of a patient or research
subject whose identity could not be obtained pursuant to NRS
453.157; and
(d) Conduct programs of eradication aimed at
destroying the wild growth or illicit propagation of plant species from which
controlled substances may be extracted.
2. Results, information and evidence
received from the Drug Enforcement Administration relating to the regulatory
functions of the provisions of NRS 453.011 to 453.552, inclusive, including results of inspections
conducted by it, may be relied and acted upon by the Board in the exercise of
its regulatory functions pursuant to NRS 453.011 to
453.552, inclusive.
(Added to NRS by 1971, 2003; A 1973, 1204; 1991, 484, 1651)
NRS 453.153 Cooperation between Board and Division required. The Board and Division shall cooperate with
each other in effectuating the purposes of NRS 453.011
to 453.552, inclusive.
(Added to NRS by 1971, 2003; A 1995, 1434)
NRS 453.154 Division required to prepare certain reports concerning
controlled substances; Division and Board may enter into agreements with public
agencies; requirements.
1. In this section, “diversion” means the
transfer of a controlled substance from a lawful to an unlawful channel of
distribution or use.
2. The Division shall regularly prepare
and make available to other state regulatory, licensing and law enforcement
agencies a report on the patterns and trends of distribution, diversion and
abuse of controlled substances.
3. The Board and the Division may enter
into written agreements with local, state and federal agencies to improve
identification of sources of diversion and to improve enforcement of and
compliance with NRS 453.011 to 453.348, inclusive, and other laws and regulations
pertaining to unlawful conduct involving controlled substances. An agreement
must specify the roles and responsibilities of each agency that has information
or authority to identify, prevent or control diversion and abuse of controlled
substances. The Board and the Division may convene periodic meetings to
coordinate a state program to prevent and control diversion. The Board and the
Division may arrange for cooperation and exchange of information among agencies
and with other states and the Federal Government.
4. The Division shall report annually to
the Governor and the Legislative Committee on Health Care and biennially to the
presiding officer of each house of the Legislature on the outcome of the
program with respect to its effect on distribution and abuse of controlled
substances, including recommendations for improving control and prevention of the
diversion of controlled substances in this State.
(Added to NRS by 1991, 1646; A 2011, 458)
NRS 453.1545 Development of computerized program to track prescriptions for
controlled substances; course of training required for persons who access
database; reporting of illegal activity; agreements with state agency of
another state to receive or exchange information obtained by program;
confidentiality of information obtained from program; immunity from liability
for practitioner who transmits certain required information and reports; gifts,
grants and donations.
1. The Board and the Division shall
cooperatively develop a computerized program to track each prescription for a
controlled substance listed in schedule II, III or IV that is filled by a
pharmacy that is registered with the Board or that is dispensed by a practitioner
who is registered with the Board. The program must:
(a) Be designed to provide information regarding:
(1) The inappropriate use by a patient of
controlled substances listed in schedules II, III and IV to pharmacies,
practitioners and appropriate state agencies to prevent the improper or illegal
use of those controlled substances; and
(2) Statistical data relating to the use
of those controlled substances that is not specific to a particular patient.
(b) Be administered by the Board, the Investigation
Division, the Division of
Public and Behavioral Health of the Department and various
practitioners, representatives of professional associations for practitioners,
representatives of occupational licensing boards and prosecuting attorneys selected
by the Board and the Investigation Division.
(c) Not infringe on the legal use of a controlled
substance for the management of severe or intractable pain.
(d) Include the contact information of each
person who elects to access the database of the program pursuant to subsection
2, including, without limitation:
(1) The name of the person;
(2) The physical address of the person;
(3) The telephone number of the person;
and
(4) If the person maintains an electronic
mail address, the electronic mail address of the person.
2. The Board shall provide Internet access
to the database of the program established pursuant to subsection 1 to each
practitioner who is authorized to write prescriptions for and each person who
is authorized to dispense controlled substances listed in schedule II, III or
IV who:
(a) Elects to access the database of the program;
and
(b) Completes the course of instruction described
in subsection 7.
3. The Board and the Division must have
access to the program established pursuant to subsection 1 to identify any
suspected fraudulent or illegal activity related to the dispensing of
controlled substances.
4. The Board or the Division shall report
any activity it reasonably suspects may be fraudulent or illegal to the
appropriate law enforcement agency or occupational licensing board and provide
the law enforcement agency or occupational licensing board with the relevant
information obtained from the program for further investigation.
5. The Board and the Division may
cooperatively enter into a written agreement with an agency of any other state
to provide, receive or exchange information obtained by the program with a
program established in that state which is substantially similar to the program
established pursuant to subsection 1, including, without limitation, providing
such state access to the database of the program or transmitting information to
and receiving information from such state. Any information provided, received
or exchanged as part of an agreement made pursuant to this section may only be
used in accordance with the provisions of this chapter.
6. Information obtained from the program
relating to a practitioner or a patient is confidential and, except as
otherwise provided by this section and NRS
239.0115, must not be disclosed to any person. That information must be
disclosed:
(a) Upon the request of a person about whom the
information requested concerns or upon the request on behalf of that person by
his or her attorney; or
(b) Upon the lawful order of a court of competent
jurisdiction.
7. The Board and the Division shall
cooperatively develop a course of training for persons who elect to access the
database of the program pursuant to subsection 2 and require each such person
to complete the course of training before the person is provided with Internet
access to the database pursuant to subsection 2.
8. A practitioner who is authorized to
write prescriptions for each person who is authorized to dispense controlled
substances listed in schedule II, III or IV who acts with reasonable care when
transmitting to the Board or the Division a report or information required by
this section or a regulation adopted pursuant thereto is immune from civil and
criminal liability relating to such action.
9. The Board and the Division may apply
for any available grants and accept any gifts, grants or donations to assist in
developing and maintaining the program required by this section.
(Added to NRS by 1995, 1433; A 1999, 245, 1872, 1890; 2001, 417; 2003, 2294; 2007, 735, 2110; 2009, 1303;
2011, 458)
NRS 453.155 Programs for research and education.
1. The Board or Investigation Division, in
cooperation with the Division of Public and Behavioral Health of the
Department, may carry out educational programs designed to prevent and deter
misuse and abuse of controlled substances. In connection with these programs
the Board or Investigation Division may:
(a) Promote better recognition of the problems of
misuse and abuse of controlled substances within the regulated industry and
among interested groups and organizations;
(b) Assist the regulated industry and interested
groups and organizations in contributing to the reduction of misuse and abuse
of controlled substances;
(c) Consult with interested groups and
organizations to aid them in solving administrative and organizational
problems;
(d) Evaluate procedures, projects, techniques and
controls conducted or proposed as part of educational programs on misuse and
abuse of controlled substances;
(e) Disseminate the results of research on misuse
and abuse of controlled substances to promote a better public understanding of
what problems exist and what can be done to alleviate them;
(f) Assist in the education and training of state
and local law enforcement officials in their efforts to control misuse and
abuse of controlled substances; and
(g) Carry out education and training for
physicians, pharmacists and patients regarding the ability of the patient to
request to have the symptom or purpose for which a controlled substance is
prescribed included on the label attached to the container of the controlled
substance.
2. The Board shall encourage research on
misuse and abuse of controlled substances. In connection with the research, and
in furtherance of the enforcement of the provisions of NRS
453.011 to 453.552, inclusive, it may:
(a) Establish methods to assess accurately the
effects of controlled substances and identify and characterize those with
potential for abuse;
(b) Make studies and undertake programs of
research to:
(1) Develop new or improved approaches,
techniques, systems, equipment and devices to strengthen the enforcement of
such sections;
(2) Determine patterns of misuse and abuse
of controlled substances and the social effects thereof; and
(3) Improve methods for preventing,
predicting, understanding and dealing with the misuse and abuse of controlled
substances; and
(c) Enter into contracts with public agencies,
institutions of higher education, and private organizations or individuals for
the purpose of conducting research, demonstrations or special projects which
bear directly on misuse and abuse of controlled substances.
3. The Board may authorize persons engaged
in research on the use and effects of controlled substances to withhold the
names and other identifying characteristics of individuals who are the subject
of the research. A person who obtains this authorization is not compelled in
any civil, criminal, administrative, legislative or other proceeding to
identify the individuals who are the subjects of research for which the
authorization was obtained.
4. The Board may authorize the possession
and distribution of controlled substances by persons engaged in research. A
person who obtains this authorization is exempt from state prosecution for
possession and distribution of controlled substances to the extent of the
authorization. The Board shall promptly notify the Division of any such
authorization.
(Added to NRS by 1971, 2015; A 1973, 582, 1210; 1991, 1652; 2011, 2040)
NRS 453.157 Confidentiality of information concerning research or medical
practice. A practitioner engaged
in medical practice or research is not required or compelled to furnish the
name or identity of a patient or research subject to the Board, nor may the
practitioner be compelled in any state or local civil, criminal,
administrative, legislative or other proceeding to furnish the name or identity
of an individual that the practitioner is obligated to keep confidential.
(Added to NRS by 1971, 2016)—(Substituted in revision
for NRS 453.296)
NRS 453.159 Existing orders or regulations unaffected. Any orders and regulations promulgated under
any law affected by NRS 453.011 to 453.552, inclusive, and in effect on January 1, 1972,
and not in conflict with it continue in effect until modified, superseded or
repealed.
(Added to NRS by 1971, 2022; A 1979, 1668)—(Substituted
in revision for NRS 453.356)
Schedules
NRS 453.166 Schedule I tests. The
Board shall place a substance in schedule I if it finds that the substance:
1. Has high potential for abuse; and
2. Has no accepted medical use in
treatment in the United States or lacks accepted safety for use in treatment
under medical supervision.
(Added to NRS by 1971, 2005)
NRS 453.176 Schedule II tests. The
Board shall place a substance in schedule II if it finds that:
1. The substance has high potential for
abuse;
2. The substance has accepted medical use in
treatment in the United States, or accepted medical use with severe
restrictions; and
3. The abuse of the substance may lead to
severe psychological or physical dependence.
(Added to NRS by 1971, 2006; A 1991, 1653)
NRS 453.186 Schedule III tests. The
Board shall place a substance in schedule III if it finds that:
1. The substance has a potential for abuse
less than the substances listed in schedules I and II;
2. The substance has currently accepted
medical use in treatment in the United States; and
3. Abuse of the substance may lead to
moderate or low physical dependence or high psychological dependence.
(Added to NRS by 1971, 2008)
NRS 453.196 Schedule IV tests. The
Board shall place a substance in schedule IV if it finds that:
1. The substance has a low potential for
abuse relative to substances in schedule III;
2. The substance has currently accepted
medical use in treatment in the United States; and
3. Abuse of the substance may lead to
limited physical dependence or psychological dependence relative to the
substances in schedule III.
(Added to NRS by 1971, 2008)
NRS 453.206 Schedule V tests. The
Board shall place a substance in schedule V if it finds that:
1. The substance has a low potential for
abuse relative to substances listed in schedule IV;
2. The substance has accepted medical use
in treatment in the United States; and
3. Abuse of the substance may lead to
limited physical dependence or psychological dependence relative to the
substances listed in schedule IV.
(Added to NRS by 1971, 2009; A 1991, 1653)
NRS 453.211 Review, revision and dissemination of schedules.
1. The Board shall:
(a) Review the schedules annually and maintain a
list of current schedules.
(b) Upon the revision of a schedule, cause a copy
of the revised schedule to be sent to each district attorney, public defender
and judge in the State of Nevada.
(c) Make copies of the list of current schedules
available to members of the public upon request. The Board may charge a
reasonable fee for providing the copies.
2. Failure to publish revised schedules is
not a defense in any administrative or judicial proceeding under NRS 453.011 to 453.552,
inclusive.
(Added to NRS by 1971, 2009; A 1991, 1653; 1993, 635; 2001, 1056; 2003, 551)
NRS 453.216 Nomenclature. The
controlled substances listed or to be listed in schedules I, II, III, IV or V
are included by whatever official, common, usual, chemical or trade name
designated.
(Added to NRS by 1971, 2009; A 1981, 735)
NRS 453.218 Addition of immediate precursor to schedule. The Board, without regard to the findings
required by NRS 453.166, 453.176,
453.186, 453.196, 453.206 or subsection 4 of NRS
453.146 or the procedures prescribed by subsections 1 to 4, inclusive, of NRS 453.146, may add an immediate precursor to the
same schedule in which the controlled substance of which it is an immediate
precursor is included or to in any other schedule. If the Board designates a
substance as an immediate precursor, substances which are precursors of the
controlled precursor are not subject to control solely because they are
precursors of the controlled precursor.
(Added to NRS by 1991, 1644)
NRS 453.2182 Treatment by Board when substance is designated, rescheduled or
deleted as controlled substance by federal law. If
a substance is designated, rescheduled or deleted as a controlled substance
pursuant to federal law, the Board shall similarly treat the substance pursuant
to the provisions of NRS 453.011 to 453.552, inclusive, after the expiration of 60 days
from publication in the Federal Register of a final order designating a
substance as a controlled substance or rescheduling or deleting a substance or
from the date of issuance of an order of temporary scheduling under Section 508
of the federal Dangerous Drug Diversion Control Act of 1984, 21 U.S.C. §
811(h), unless within the 60-day period, the Board or an interested party
objects to the treatment of the substance. If no objection is made, the Board
shall adopt, without making the determinations or findings required by
subsections 1 to 4, inclusive, of NRS 453.146 or NRS 453.166, 453.176, 453.186, 453.196 or 453.206, a final regulation treating the substance. If
an objection is made, the Board shall make a determination with respect to the
treatment of the substance as provided by subsections 1 to 4, inclusive, of NRS 453.146. Upon receipt of an objection to the
treatment by the Board, the Board shall publish notice of the receipt of the
objection, and action by the Board is stayed until the Board adopts a
regulation as provided by subsection 4 of NRS 453.146.
(Added to NRS by 1991, 1644; A 2001, 1056; 2003, 552)
NRS 453.2184 Scheduling of substance by extraordinary regulation. The Board, by extraordinary regulation and
without regard to the requirements of subsections 1, 2 and 3 of NRS 453.146 may schedule a substance in schedule I,
whether or not the substance is substantially similar to a controlled substance
included in schedule I or II, if the Board finds that scheduling of the
substance by extraordinary regulation is necessary to avoid an imminent hazard
to the public safety and the substance is not in any other schedule and no
exemption or approval is in effect for the substance under Section 505 of the
federal Food, Drug, and Cosmetic Act (21 U.S.C. § 355). Upon receipt of notice
under NRS 453.219 the Board shall initiate
scheduling of the controlled substance analog by extraordinary regulation
pursuant to this section. The scheduling of a substance under this section
expires 1 year after the adoption of the extraordinary regulation. With respect
to the finding of an imminent hazard to the public safety, the Board shall
consider whether the substance has been scheduled on a temporary basis under
federal law and the factors set forth in paragraphs (d), (e) and (f) of
subsection 2 of NRS 453.146, and may also consider
clandestine importation, manufacture or distribution, and if available,
information concerning the other factors set forth in subsection 2 of NRS 453.146. An extraordinary regulation may not be
adopted under this section until the Board initiates a proceeding to adopt a
regulation pursuant to subsections 1 to 4, inclusive, of NRS
453.146 with respect to the substance. An extraordinary regulation adopted
under this section lapses upon the conclusion of the proceeding initiated under
subsections 1 to 4, inclusive, of NRS 453.146 with
respect to the substance.
(Added to NRS by 1991, 1645)
NRS 453.2186 Board prohibited from including certain substances on schedule;
exceptions; required considerations.
1. Authority to control pursuant to NRS 453.146, 453.218, 453.2182 and 453.2184
does not extend to distilled spirits, wine, malt beverages or tobacco.
2. The Board shall not include any
nonnarcotic substance on any schedule if that substance is in a form suitable
for final dosage and has been approved by the Food and Drug Administration for
sale over the counter without a prescription, unless the Board affirmatively
finds that:
(a) The substance itself or one or more of its
active ingredients is an immediate precursor of a controlled substance; and
(b) The substance is materially misbranded or
mislabeled, or the public interest requires the scheduling of the substance as
a controlled substance in schedule I, II, III or IV.
3. In determining whether the public
interest requires the scheduling of the substance, the Board shall consider:
(a) Whether the customary methods of marketing
and distributing the substance are likely to lead to its unlawful distribution
or use, including any relevant information with regard to a manufacturer or
distributor of the substance concerning:
(1) His or her record of compliance with
applicable federal, state and local statutes, ordinances and regulations;
(2) His or her past experience in the
manufacture and distribution of controlled substances, and the existence in his
or her establishment of effective controls against the unlawful distribution or
use of the substance;
(3) Whether he or she has ever been
convicted under any federal or state law relating to a controlled substance;
and
(4) Whether he or she has ever furnished
materially falsified or fraudulent material in any application filed pursuant
to NRS 453.011 to 453.552,
inclusive;
(b) Whether the substance is controlled under the
federal Controlled Substances Act;
(c) The status of any pending proceeding to
determine whether the substance should be controlled or exempted from control;
(d) Any history of abuse or misuse of the
substance in this State; and
(e) Any other factors which are relevant to the
public health and safety.
4. In determining whether a substance is
misbranded or mislabeled, the Board shall consider the requirements of the
federal Food, Drug, and Cosmetic Act and the Code of Federal Regulations
concerning indications for its use and any advertising for a use not so
indicated.
(Added to NRS by 1991, 1645)
NRS 453.2188 Placement of substance in schedule allowed if controlled by
federal law pursuant to international treaty, convention or protocol. The Board may place a substance in schedule I,
II, III, IV or V without making the findings respectively required for those
schedules if the substance is controlled under the corresponding schedule of
the federal Controlled Substances Act by a federal agency as the result of an
international treaty, convention or protocol.
(Added to NRS by 1991, 1646)
NRS 453.219 Controlled substance analog: Treatment as substance in schedule
I; notice of prosecution; determination by Board. A
controlled substance analog, to the extent intended for human consumption, must
be treated, for the purposes of NRS 453.011 to 453.552, inclusive, as a substance included in
schedule I. Within 30 days after the initiation of prosecution with respect to a
controlled substance analog by indictment or information, the district attorney
shall notify the Board of information relevant to scheduling by extraordinary
regulation as provided for in NRS 453.2184. If the
Board finally determines that the controlled substance analog should not be
scheduled, no prosecution relating to that substance as a controlled substance
analog may be commenced or continued.
(Added to NRS by 1991, 1646; A 2001, 1056; 2003, 552)
Regulations
NRS 453.221 Regulations; fees.
1. The Board may adopt regulations and
charge reasonable fees relating to the registration and control of the
dispensing of controlled substances within this State.
2. The Board may charge an additional fee
for dispensing controlled substances included in schedules I to V, inclusive,
to cover the cost of developing and maintaining the computerized program
developed pursuant to NRS 453.1545. The amount of
the fee must be:
(a) Set so that the aggregate amount received
from the fee does not exceed the estimated costs of developing and maintaining
the program.
(b) Approved by the Legislature, if it is in
regular session, or the Interim Finance Committee, if the Legislature is not in
regular session.
(Added to NRS by 1971, 2009; A 1979, 1661; 1981, 735; 1991, 1160, 1653; 1995, 296, 1434)
NRS 453.226 Requirements for registration; authority of registrant;
exemptions and waivers; inspections.
1. Every practitioner or other person who
dispenses any controlled substance within this State or who proposes to engage
in the dispensing of any controlled substance within this State shall obtain
biennially a registration issued by the Board in accordance with its
regulations.
2. A person registered by the Board in
accordance with the provisions of NRS 453.011 to 453.552, inclusive, to dispense or conduct research
with controlled substances may possess, dispense or conduct research with those
substances to the extent authorized by the registration and in conformity with
the other provisions of those sections.
3. The following persons are not required
to register and may lawfully possess and distribute controlled substances
pursuant to the provisions of NRS 453.011 to 453.552, inclusive:
(a) An agent or employee of a registered
dispenser of a controlled substance if he or she is acting in the usual course
of his or her business or employment;
(b) A common or contract carrier or warehouseman,
or an employee thereof, whose possession of any controlled substance is in the
usual course of business or employment;
(c) An ultimate user or a person in possession of
any controlled substance pursuant to a lawful order of a physician, physician
assistant licensed pursuant to chapter 630 or
633 of NRS, dentist, advanced practice
registered nurse, podiatric physician or veterinarian or in lawful possession
of a schedule V substance; or
(d) A physician who:
(1) Holds a locum tenens license issued by
the Board of Medical Examiners or a temporary license issued by the State Board
of Osteopathic Medicine; and
(2) Is registered with the Drug
Enforcement Administration at a location outside this State.
4. The Board may waive the requirement for
registration of certain dispensers if it finds it consistent with the public
health and safety.
5. A separate registration is required at
each principal place of business or professional practice where the applicant
dispenses controlled substances.
6. The Board may inspect the establishment
of a registrant or applicant for registration in accordance with the Board’s
regulations.
(Added to NRS by 1971, 2009; A 1973, 1204; 1979, 1661; 1981, 736, 1958; 1991, 1161, 1653; 1993, 2233; 1995, 296, 1718; 2001, 409, 785, 796; 2007, 1864; 2013, 2083)
NRS 453.231 Registration: Public interest; specific controlled substances;
research.
1. The Board shall register an applicant
to dispense controlled substances included in schedules I to V, inclusive,
unless it determines that the issuance of that registration would be
inconsistent with the public interest. In determining the public interest, the
Board shall consider the following factors:
(a) Maintenance of effective controls against
diversion of controlled substances into other than legitimate medical, scientific,
research or industrial channels;
(b) Compliance with state and local law;
(c) Promotion of technical advances in the art of
manufacturing controlled substances and the development of new substances;
(d) Convictions of the applicant pursuant to laws
of another country or federal or state laws relating to a controlled substance;
(e) Past experience of the applicant in the
manufacture or distribution of controlled substances, and the existence in the
applicant’s establishment of effective controls against diversion of controlled
substances into other than legitimate medical, scientific research or
industrial channels;
(f) Furnishing by the applicant of false or
fraudulent material in an application filed pursuant to the provisions of NRS 453.011 to 453.552,
inclusive;
(g) Suspension or revocation of the applicant’s
federal registration to manufacture, distribute, possess, administer or
dispense controlled substances as authorized by federal law; and
(h) Any other factors relevant to and consistent
with the public health and safety.
2. Registration pursuant to subsection 1
entitles a registrant to dispense a substance included in schedules I or II
only if it is specified in the registration.
3. A practitioner must be registered
before dispensing a controlled substance or conducting research with respect to
a controlled substance included in schedules II to V, inclusive. The Board need
not require separate registration pursuant to the provisions of NRS 453.011 to 453.552,
inclusive, for practitioners engaging in research with nonnarcotic controlled
substances included in schedules II to V, inclusive, if the registrant is
already registered in accordance with the provisions of NRS
453.011 to 453.552, inclusive, in another
capacity. A practitioner registered in accordance with federal law to conduct
research with a substance included in schedule I may conduct research with the
substance in this State upon furnishing the Board evidence of the federal
registration.
(Added to NRS by 1971, 2010; A 1973, 1205; 1979, 1662; 1981, 737, 1959; 1991, 1161, 1654; 1995, 297)
NRS 453.232 Penalty for failure to register. A
person who dispenses a controlled substance without being registered by the
Board if required by NRS 453.231 is guilty of a
category D felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 1979, 1672; A 1981, 737; 1991, 1162, 1656; 1995, 298, 1280, 1329)
NRS 453.233 Notice of conviction of registered person to be furnished. Upon the conviction of any person required to
be registered under the provisions of NRS 453.011
to 453.552, inclusive, of violation of any federal
or state law relating to any controlled substance, the prosecuting attorney
shall cause copies of the judgment of conviction to be sent to the Board and to
any other licensing agency by whom the convicted person has been licensed or
registered under the laws of the State of Nevada to engage in the practice of
his or her business or profession.
(Added to NRS by 1973, 579; A 2001, 1056; 2003, 552)
NRS 453.236 Suspension, revocation of registration; seizure, placement under
seal of controlled substance owned or possessed by registrant; notification of
Drug Enforcement Administration and Division concerning suspension, revocation
or forfeiture; registrant prohibited from employing person whose pharmacist’s
certificate was suspended or revoked.
1. The Board may suspend or revoke a
registration pursuant to NRS 453.231 to dispense a
controlled substance upon a finding that the registrant has:
(a) Furnished false or fraudulent material
information in an application filed pursuant to NRS
453.011 to 453.552, inclusive;
(b) Been convicted of a felony under a state or
federal law relating to a controlled substance;
(c) Had his or her federal registration to
dispense controlled substances suspended or revoked and is no longer authorized
by federal law to dispense those substances; or
(d) Committed an act that would render
registration under NRS 453.231 inconsistent with
the public interest as determined pursuant to that section.
2. The Board may limit revocation or
suspension of a registration to the particular controlled substance with
respect to which grounds for revocation or suspension exist.
3. If a registration is suspended or
revoked, the Board may place under seal all controlled substances owned or
possessed by the registrant at the time of suspension or the effective date of
the revocation. No disposition may be made of substances under seal until the
time for taking an appeal has elapsed or until all appeals have been concluded
unless a court, upon application therefor, orders the sale of perishable
substances and the deposit of the proceeds of the sale with the court. When a
revocation becomes final, the court may order the controlled substances
forfeited to the State.
4. The Board may seize or place under seal
any controlled substance owned or possessed by a registrant whose registration
has expired or who has ceased to practice or do business in the manner
permitted by the registration. The controlled substance must be held for the
benefit of the registrant or the registrant’s successor in interest. The Board
shall notify a registrant, or the registrant’s successor in interest, whose
controlled substance is seized or placed under seal, of the procedures to be
followed to secure the return of the controlled substance and the conditions
under which it will be returned. The Board may not dispose of a controlled
substance seized or placed under seal under this subsection until the expiration
of 180 days after the controlled substance was seized or placed under seal. The
Board may recover costs it incurred in seizing, placing under seal, maintaining
custody and disposing of any controlled substance under this subsection from
the registrant, from any proceeds obtained from the disposition of the
controlled substance, or from both. The Board shall pay to the registrant or
the registrant’s successor in interest any balance of the proceeds of any
disposition remaining after the costs have been recovered.
5. The Board shall promptly notify the
Drug Enforcement Administration and the Division of all orders suspending or
revoking registration and the Division shall promptly notify the Drug
Enforcement Administration and the Board of all forfeitures of controlled
substances.
6. A registrant shall not employ as his or
her agent or employee in any premises where controlled substances are sold,
dispensed, stored or held for sale any person whose pharmacist’s certificate
has been suspended or revoked.
(Added to NRS by 1971, 2011; A 1973, 580, 1206; 1975,
988; 1977, 669;
1979, 1663;
1981, 738; 1983, 1511; 1991, 485, 1162, 1656; 1995, 298)
NRS 453.241 Administrative proceedings to deny, suspend or revoke
registration.
1. Administrative proceedings by the Board
to deny, suspend or revoke a registration must be initiated, conducted and
concluded pursuant to the provisions of NRS
639.241 to 639.257, inclusive,
without regard to any criminal prosecution or other proceeding, but instead of
the methods of discipline provided in paragraphs (c) and (d) of subsection 1 of
NRS 639.255, the Board shall:
(a) Suspend the right of the registrant to use
his or her registration or a schedule thereof; or
(b) Revoke the registration or a schedule
thereof.
2. Proceedings to refuse renewal of
registration do not abate the existing registration, which remains in effect
pending the outcome of the administrative hearing.
3. The Board may suspend, before the
hearing, any registration with the institution of proceedings under NRS 453.236, or where renewal of registration is
refused, if it finds that there is an imminent danger to the public health or
safety which warrants this action. The suspension continues in effect until the
conclusion of the proceedings, including judicial review thereof, unless sooner
withdrawn by the Board or dissolved by a court of competent jurisdiction. In
the event of such a suspension the Board shall conduct a hearing at the
earliest possible date, but in any event, the hearing must be conducted no
later than 15 days after the date of suspension unless a continuance is
requested by the registrant or the registrant otherwise prevents the holding of
the hearing.
(Added to NRS by 1971, 2011; A 1977, 73; 1979, 1664; 1991, 1657)
NRS 453.246 Recordkeeping and inventory requirements for registrants. Persons registered to dispense controlled
substances pursuant to the provisions of NRS 453.011
to 453.552, inclusive, shall keep records and
maintain inventories in conformance with the recordkeeping and inventory
requirements of state and federal law and with any additional regulations the
Board issues.
(Added to NRS by 1971, 2012; A 1973, 1207; 1979, 1665; 1991, 1164, 1658; 1995, 299; 2001, 1057; 2003, 552)
NRS 453.251 Order forms. Controlled
substances listed in schedules I and II may be distributed by a registrant or
licensed pharmacy to another registrant or licensed pharmacy only pursuant to
an order form and may be received by a registrant only pursuant to an order
form. Compliance with the provisions of federal law respecting order forms
shall be deemed compliance with this section.
(Added to NRS by 1971, 2012; A 1977, 670; 1979, 1318, 1665; 1987, 950)
NRS 453.256 Prescriptions; requirements for dispensing certain substances;
penalty.
1. Except as otherwise provided in
subsection 2, a substance included in schedule II must not be dispensed without
the written prescription of a practitioner.
2. A controlled substance included in schedule
II may be dispensed without the written prescription of a practitioner only:
(a) In an emergency, as defined by regulation of
the Board, upon oral prescription of a practitioner, reduced to writing
promptly and in any case within 72 hours, signed by the practitioner and filed
by the pharmacy.
(b) Pursuant to an electronic prescription of a
practitioner which complies with any regulations adopted by the Board
concerning the use of electronic prescriptions.
(c) Upon the use of a facsimile machine to
transmit the prescription for a substance included in schedule II by a
practitioner or a practitioner’s agent to a pharmacy for:
(1) Direct administration to a patient by
parenteral solution; or
(2) A resident of a facility for
intermediate care or a facility for skilled nursing which is licensed as such
by the Division of Public and Behavioral Health of the Department.
Ê A
prescription transmitted by a facsimile machine pursuant to this paragraph must
be printed on paper which is capable of being retained for at least 2 years.
For the purposes of this section, an electronic prescription or a prescription
transmitted by facsimile machine constitutes a written prescription. The
pharmacy shall keep prescriptions in conformity with the requirements of NRS 453.246. A prescription for a substance included
in schedule II must not be refilled.
3. Except when dispensed directly by a
practitioner, other than a pharmacy, to an ultimate user, a substance included
in schedule III or IV which is a dangerous drug as determined under NRS 454.201, must not be dispensed without
a written or oral prescription of a practitioner. The prescription must not be
filled or refilled more than 6 months after the date thereof or be refilled
more than five times, unless renewed by the practitioner.
4. A substance included in schedule V may
be distributed or dispensed only for a medical purpose, including medical
treatment or authorized research.
5. A practitioner may dispense or deliver
a controlled substance to or for a person or animal only for medical treatment
or authorized research in the ordinary course of his or her profession.
6. No civil or criminal liability or
administrative sanction may be imposed on a pharmacist for action taken in good
faith in reliance on a reasonable belief that an order purporting to be a
prescription was issued by a practitioner in the usual course of professional
treatment or in authorized research.
7. An individual practitioner may not
dispense a substance included in schedule II, III or IV for the practitioner’s
own personal use except in a medical emergency.
8. A person who violates this section is
guilty of a category E felony and shall be punished as provided in NRS 193.130.
9. As used in this section:
(a) “Facsimile machine” means a device which
sends or receives a reproduction or facsimile of a document or photograph which
is transmitted electronically or telephonically by telecommunications lines.
(b) “Medical treatment” includes dispensing or
administering a narcotic drug for pain, whether or not intractable.
(c) “Parenteral solution” has the meaning
ascribed to it in NRS 639.0105.
(Added to NRS by 1971, 2012; A 1973, 581; 1979, 1665; 1981, 1960; 1989, 1125; 1991, 1658; 1995, 299, 1280, 1329; 2011, 2039)
NRS 453.257 Filling second or subsequent prescriptions. A pharmacist shall not fill a second or
subsequent prescription for a controlled substance listed in schedule II for
the same patient unless the frequency of prescriptions is in conformity with
the directions for use. The need for any increased amount shall be verified by
the practitioner in writing or personally by telephone.
(Added to NRS by 1977, 668; A 1979, 1665)
Enforcement
NRS 453.261 Administrative inspections.
1. The Division or the Board may make
administrative inspections of controlled premises in accordance with the
following provisions:
(a) When authorized by an administrative warrant
for inspection issued pursuant to NRS 453.266, an
officer, employee or other person who possesses some or all of the powers of a peace
officer, designated by the Division or the Board, upon presenting the warrant
and appropriate credentials to the owner, operator or agent in charge, may
enter controlled premises for the purpose of conducting an administrative
inspection.
(b) When authorized by an administrative warrant
for inspection, an officer, employee or other person who possesses some or all
of the powers of a peace officer, designated by the Division or the Board may:
(1) Inspect and copy records required to
be kept by the provisions of NRS 453.011 to 453.552, inclusive;
(2) Inspect, within reasonable limits and
in a reasonable manner, controlled premises and all pertinent equipment,
finished and unfinished material, containers and labeling found therein, and,
except as provided in subsection 3, all other things therein, including
records, files, papers, processes, controls and facilities bearing on any
violation of the provisions of NRS 453.011 to 453.552, inclusive; and
(3) Inventory any stock of any controlled
substance therein and obtain samples thereof.
2. This section does not prevent the
inspection without a warrant of books and records, nor does it prevent entries
and administrative inspections, including seizures of property, without a
warrant:
(a) If the owner, operator or agent in charge of
the controlled premises consents;
(b) In situations presenting imminent danger to
health or safety;
(c) In situations involving inspection of
conveyances if there is reasonable cause to believe that the mobility of the
conveyance makes it impracticable to obtain a warrant;
(d) In any other exceptional or emergency
circumstance where time or opportunity to apply for a warrant is lacking; or
(e) In all other situations in which a warrant is
not constitutionally required.
3. An inspection authorized by this
section must not extend to financial data or sales data, other than data for
shipment or pricing, unless the owner, operator or agent in charge of the
controlled premises consents in writing.
4. For purposes of this section,
“controlled premises” means:
(a) Places where persons registered or exempted
from the requirements for registration pursuant to NRS
453.011 to 453.552, inclusive, are required to
keep records;
(b) Places, including factories, warehouses,
establishments and conveyances in which persons registered or exempted from the
requirements for registration pursuant to NRS 453.011
to 453.552, inclusive, are permitted to hold,
manufacture, compound, process, sell, deliver or otherwise dispose of any
controlled substance; and
(c) Places where immediate precursors are sold,
compounded, manufactured, processed or delivered.
(Added to NRS by 1971, 2012; A 1973, 581, 1207; 1981, 1960; 1985, 293; 1991, 486, 1659)
NRS 453.266 Administrative warrant for inspection.
1. Issuance and execution of an
administrative warrant for inspection must be as follows:
(a) A magistrate, within his or her jurisdiction,
and upon proper oath or affirmation showing probable cause, may issue warrants
for the purpose of conducting administrative inspections authorized by the
provisions of NRS 453.011 to 453.552,
inclusive, or regulations of the Board or Division, and seizures of property
appropriate to the inspections. For purposes of the issuance of administrative
inspection warrants, probable cause exists upon showing a valid public interest
in the effective enforcement of the provisions of NRS
453.011 to 453.552, inclusive, or regulations
of the Board or Division, sufficient to justify administrative inspection of
the area, premises, building or conveyance in the circumstances specified in
the application for the warrant.
(b) A warrant must issue only upon an affidavit
of an officer or employee of the Board or Division having knowledge of the
facts alleged, sworn to before the magistrate and establishing the grounds for
issuing the warrant. If the magistrate is satisfied that grounds for the
application exist or that there is probable cause to believe they exist, the
magistrate shall issue a warrant identifying the area, premises, building or
conveyance to be inspected, the purpose of the inspection, and, if appropriate,
the type of property to be inspected, if any.
2. The warrant must:
(a) State the grounds for its issuance and the
name of each person whose affidavit has been taken in support thereof;
(b) Be directed to a person authorized to execute
it;
(c) Command the person to whom it is directed to
permit the inspection of the area, premises, building or conveyance identified
for the purpose specified and, if appropriate, direct the seizure of the
property specified;
(d) Identify the item or types of property to be
seized, if any; and
(e) Direct that it be served during normal
business hours and designate the magistrate to whom it shall be returned.
3. A warrant issued pursuant to this
section must be executed and returned within 10 days of its date of issuance
unless, upon a showing of a need for additional time, the magistrate orders
otherwise.
4. If property is seized pursuant to a
warrant, a copy must be given to the person from whom or from whose premises
the property is taken, together with a receipt for the property taken.
5. The return of the warrant must be made
promptly, accompanied by a written inventory of any property taken. The
inventory must be made in the presence of the person executing the warrant and
of the person from whose possession or premises the property was taken, if
present, or in the presence of at least one credible person other than the
person executing the warrant. A copy of the inventory must be delivered to the
person from whom or from whose premises the property was taken and to the
applicant for the warrant.
6. The magistrate who has issued a warrant
shall attach thereto a copy of the return and all papers returnable in
connection therewith and file them with the clerk of the district court in the
county in which the inspection was made.
(Added to NRS by 1971, 2013; A 1973, 1208; 1979, 1666; 2003, 553)
NRS 453.271 Powers of enforcement of officers and employees of Division. Any officer or employee of the Division
designated by his or her appointing authority may:
1. Carry firearms in the performance of
his or her official duties;
2. Execute and serve search warrants,
arrest warrants, administrative warrants for inspections, subpoenas and
summonses issued under the authority of this State;
3. Make arrests without warrant for any
offense under the provisions of NRS 453.011 to 453.552, inclusive, committed in the presence of the
officer or employee, or if the officer or employee has probable cause to
believe that the person to be arrested has committed or is committing a
violation of such sections which may constitute a felony;
4. Make seizures of property pursuant to
the provisions of NRS 453.011 to 453.552, inclusive; or
5. Perform other law enforcement duties as
the Division designates.
(Added to NRS by 1971, 2014; A 1973, 1209; 2001, 1057; 2003, 554)
NRS 453.276 Injunctions. The
Board or the Attorney General may bring an action to enjoin any act which would
be in violation of the provisions of this chapter. Such an action must be
commenced in the district court for the county in which the act is to occur and
must be in conformity with Rule 65
of the Nevada Rules of Civil Procedure, except that the Board or the Attorney
General is not required to allege facts necessary to show or tending to show
lack of adequate remedy at law or irreparable damage or loss. The action must
be brought in the name of the State of Nevada.
(Added to NRS by 1971, 2014; A 1973, 1209; 1979, 1667; 2001, 1057)
NRS 453.281 Burden of proof; immunity of officers from liability.
1. It is not necessary for the State to
negate any exemption or exception in the provisions of NRS
453.011 to 453.552, inclusive, in any
complaint, information, indictment or other pleading or in any trial, hearing
or other proceeding under such sections. The burden of proof of any exemption
or exception is upon the person claiming it.
2. In the absence of proof that a person
is the duly authorized holder of an appropriate registration or order form
issued under the provisions of NRS 453.011 to 453.552, inclusive:
(a) The person is presumed not to be the holder
of the registration or form; and
(b) The burden of proof is upon the person to
rebut the presumption.
3. No liability is imposed by the
provisions of NRS 453.011 to 453.552,
inclusive, upon any authorized state, county or municipal officer engaged in
the lawful performance of his or her duties.
(Added to NRS by 1971, 2014; A 1973, 1209; 2001, 1057; 2003, 554)
NRS 453.286 Judicial review. All
final determinations, findings and conclusions of the Board or Division under
the provisions of NRS 453.011 to 453.552, inclusive, are final and conclusive decisions
of the matters involved. Any person aggrieved by the decision is entitled to
judicial review of the decision in the manner provided by chapter 233B of NRS. Findings of fact by the
Board or Division, if supported by substantial evidence, are conclusive.
(Added to NRS by 1971, 2015; A 1973, 1210; 1989, 1654; 2001, 1058; 2003, 554)
Forfeitures
NRS 453.301 Property subject to forfeiture. The
following are subject to forfeiture pursuant to NRS 179.1156 to 179.119, inclusive:
1. All controlled substances which have
been manufactured, distributed, dispensed or acquired in violation of the
provisions of NRS 453.011 to 453.552,
inclusive, or a law of any other jurisdiction which prohibits the same or
similar conduct.
2. All raw materials, products and
equipment of any kind which are used, or intended for use, in manufacturing,
compounding, processing, delivering, importing or exporting any controlled
substance in violation of the provisions of NRS 453.011
to 453.552, inclusive, or a law of any other
jurisdiction which prohibits the same or similar conduct.
3. All property which is used, or intended
for use, as a container for property described in subsections 1 and 2.
4. All books, records and research
products and materials, including formulas, microfilm, tapes and data, which
are used, or intended for use, in violation of the provisions of NRS 453.011 to 453.552,
inclusive, or a law of any other jurisdiction which prohibits the same or
similar conduct.
5. All conveyances, including aircraft,
vehicles or vessels, which are used, or intended for use, to transport, or in
any manner to facilitate the transportation, concealment, manufacture or
protection, for the purpose of sale, possession for sale or receipt of property
described in subsection 1 or 2.
6. All drug paraphernalia as defined by NRS 453.554 which are used in violation of NRS 453.560, 453.562 or 453.566 or a law of any other jurisdiction which
prohibits the same or similar conduct, or of an injunction issued pursuant to NRS 453.558.
7. All imitation controlled substances
which have been manufactured, distributed or dispensed in violation of the
provisions of NRS 453.332 or 453.3611 to 453.3648,
inclusive, or a law of any other jurisdiction which prohibits the same or
similar conduct.
8. All real property and mobile homes used
or intended to be used by any owner or tenant of the property or mobile home to
facilitate a violation of the provisions of NRS 453.011
to 453.552, inclusive, except NRS 453.336, or used or intended to be used to
facilitate a violation of a law of any other jurisdiction which prohibits the
same or similar conduct as prohibited in NRS 453.011
to 453.552, inclusive, except NRS 453.336. As used in this subsection, “tenant”
means any person entitled, under a written or oral rental agreement, to occupy
real property or a mobile home to the exclusion of others.
9. Everything of value furnished or
intended to be furnished in exchange for a controlled substance in violation of
the provisions of NRS 453.011 to 453.552, inclusive, or a law of any other jurisdiction
which prohibits the same or similar conduct, all proceeds traceable to such an
exchange, and all other property used or intended to be used to facilitate a
violation of the provisions of NRS 453.011 to 453.552, inclusive, except NRS
453.336, or used or intended to be used to facilitate a violation of a law
of any other jurisdiction which prohibits the same or similar conduct as
prohibited in NRS 453.011 to 453.552,
inclusive, except NRS 453.336. If an amount of cash
which exceeds $300 is found in the possession of a person who is arrested for a
violation of NRS 453.337 or 453.338,
then there is a rebuttable presumption that the cash is traceable to an
exchange for a controlled substance and is subject to forfeiture pursuant to
this subsection.
10. All firearms, as defined by NRS 202.253, which are in the actual or
constructive possession of a person who possesses or is consuming,
manufacturing, transporting, selling or under the influence of any controlled
substance in violation of the provisions of NRS 453.011
to 453.552, inclusive, or a law of any other
jurisdiction which prohibits the same or similar conduct.
11. All computer hardware, equipment,
accessories, software and programs that are in the actual or constructive
possession of a person who owns, operates, controls, profits from or is
employed or paid by an illegal Internet pharmacy and who violates the provisions
of NRS 453.3611 to 453.3648,
inclusive, or a law of any other jurisdiction which prohibits the same or
similar conduct.
(Added to NRS by 1971, 2016; A 1973, 1211; 1977, 1409; 1981, 408; 1983, 288, 440, 922; 1987, 1385; 1989, 11, 1231; 1991, 336; 2001, 1058; 2003, 554)
NRS 453.305 Forfeiture of real property or mobile home: Notices to owner.
1. Whenever a person is arrested for
violating any of the provisions of NRS 453.011 to 453.552, inclusive, except NRS
453.336, and real property or a mobile home occupied by the person as a
tenant has been used to facilitate the violation, the prosecuting attorney
responsible for the case shall cause to be delivered to the owner of the
property or mobile home a written notice of the arrest.
2. Whenever a person is convicted of
violating any of the provisions of NRS 453.011 to 453.552, inclusive, except NRS
453.336, and real property or a mobile home occupied by the person as a
tenant has been used to facilitate the violation, the prosecuting attorney
responsible for the case shall cause to be delivered to the owner of the
property or mobile home a written notice of the conviction.
3. The notices required by this section
must:
(a) Be written in language which is easily
understood;
(b) Be sent by certified or registered mail,
return receipt requested, to the owner at the owner’s last known address;
(c) Be sent within 15 days after the arrest
occurs or judgment of conviction is entered against the tenant, as the case may
be;
(d) Identify the tenant involved and the offense
for which the tenant has been arrested or convicted; and
(e) Advise the owner that:
(1) The property or mobile home is subject
to forfeiture pursuant to NRS 179.1156
to 179.119, inclusive, and 453.301 unless the tenant, if convicted, is evicted;
(2) Any similar violation by the same
tenant in the future may also result in the forfeiture of the property unless
the tenant has been evicted;
(3) In any proceeding for forfeiture based
upon such a violation the owner will, by reason of the notice, be deemed to
have known of and consented to the unlawful use of the property or mobile home;
and
(4) The provisions of NRS 40.2514 and 40.254 authorize the supplemental remedy
of summary eviction to facilitate the owner’s recovery of the property or
mobile home upon such a violation and provide for the recovery of any
reasonable attorney’s fees the owner incurs in doing so.
4. Nothing in this section shall be deemed
to preclude the commencement of a proceeding for forfeiture or the forfeiture
of the property or mobile home, whether or not the notices required by this
section are given as required, if the proceeding and forfeiture are otherwise
authorized pursuant to NRS 179.1156 to
179.119, inclusive, and 453.301.
5. As used in this section, “tenant” means
any person entitled under a written or oral rental agreement to occupy real
property or a mobile home to the exclusion of others.
(Added to NRS by 1989, 1230; A 2001, 1059; 2003, 556)
NRS 453.311 Controlled substances; plants; seizure and forfeiture.
1. Controlled substances listed in
schedule I:
(a) That are possessed, transferred, sold or
offered for sale in violation of the provisions of NRS
453.011 to 453.552, inclusive, are contraband
and must be seized and summarily forfeited to the State.
(b) Which are seized or come into the possession
of the State, the owners of which are unknown, are contraband and must be
summarily forfeited to the State.
2. Species of plants from which controlled
substances in schedules I and II may be derived which have been planted or
cultivated in violation of the provisions of NRS
453.011 to 453.552, inclusive, or of which the
owners or cultivators are unknown, or which are wild growths, may be seized and
summarily forfeited to the State.
3. The failure, upon demand by the
Division or other law enforcement agency, or the authorized agent of either, of
the person in occupancy or in control of land or premises upon which the
species of plants are growing or being stored, to produce an appropriate
registration, or proof that the person is the holder thereof, constitutes
authority for the seizure and forfeiture of the plants.
(Added to NRS by 1971, 2017; A 1973, 1212; 2001, 1060; 2003, 556)
Offenses and Penalties
NRS 453.316 Unlawful to open or maintain place for unlawful sale, gift or
use of controlled substance; penalties; probation or suspension of sentence for
certain repeat offenders not allowed.
1. A person who opens or maintains any
place for the purpose of unlawfully selling, giving away or using any
controlled substance is guilty of a category B felony and shall be punished by
imprisonment in the state prison for a minimum term of not less than 1 year and
a maximum term of not more than 6 years, and may be further punished by a fine
of not more than $10,000, except as otherwise provided in subsection 2.
2. If a person convicted of violating this
section has previously been convicted of violating this section, or if, in the
case of a first conviction of violating this section, the person has been
convicted of an offense under the laws of the United States or any state,
territory or district which, if committed in this State, would amount to a
felony under this section, the person is guilty of a category B felony and
shall be punished by imprisonment in the state prison for a minimum term of not
less than 2 years and a maximum term of not more than 10 years, and may be
further punished by a fine of not more than $20,000. The court shall not grant
probation to or suspend the sentence of a person convicted of violating this
section if the person has been previously convicted under this section or of
any other offense described in this subsection.
3. This section does not apply to any
rehabilitation clinic established or licensed by the Division of Public and
Behavioral Health of the Department.
(Added to NRS by 1971, 2018; A 1973, 1406; 1977, 1410; 1979, 1471; 1995, 1281)
NRS 453.321 Offer, attempt or commission of unauthorized act relating to
controlled or counterfeit substance unlawful; penalties; prohibition against
probation or suspension of sentence for certain repeat offenders.
1. Except as authorized by the provisions
of NRS 453.011 to 453.552,
inclusive, it is unlawful for a person to:
(a) Import, transport, sell, exchange, barter,
supply, prescribe, dispense, give away or administer a controlled or
counterfeit substance;
(b) Manufacture or compound a counterfeit
substance; or
(c) Offer or attempt to do any act set forth in
paragraph (a) or (b).
2. Unless a greater penalty is provided in
NRS 453.333 or 453.334,
if a person violates subsection 1 and the controlled substance is classified in
schedule I or II, the person is guilty of a category B felony and shall be
punished:
(a) For the first offense, by imprisonment in the
state prison for a minimum term of not less than 1 year and a maximum term of
not more than 6 years, and may be further punished by a fine of not more than
$20,000.
(b) For a second offense, or if, in the case of a
first conviction under this subsection, the offender has previously been
convicted of an offense under this section or of any offense under the laws of
the United States or any state, territory or district which, if committed in
this State, would amount to an offense under this section, by imprisonment in
the state prison for a minimum term of not less than 2 years and a maximum term
of not more than 10 years, and may be further punished by a fine of not more
than $20,000.
(c) For a third or subsequent offense, or if the
offender has previously been convicted two or more times under this section or
of any offense under the laws of the United States or any state, territory or
district which, if committed in this State, would amount to an offense under
this section, by imprisonment in the state prison for a minimum term of not
less than 3 years and a maximum term of not more than 15 years, and may be
further punished by a fine of not more than $20,000 for each offense.
3. The court shall not grant probation to
or suspend the sentence of a person convicted under subsection 2 and punishable
pursuant to paragraph (b) or (c) of subsection 2.
4. Unless a greater penalty is provided in
NRS 453.333 or 453.334,
if a person violates subsection 1, and the controlled substance is classified
in schedule III, IV or V, the person shall be punished:
(a) For the first offense, for a category C
felony as provided in NRS 193.130.
(b) For a second offense, or if, in the case of a
first conviction of violating this subsection, the offender has previously been
convicted of violating this section or of any offense under the laws of the
United States or any state, territory or district which, if committed in this
State, would amount to a violation of this section, for a category B felony by
imprisonment in the state prison for a minimum term of not less than 2 years
and a maximum term of not more than 10 years, and may be further punished by a
fine of not more than $15,000.
(c) For a third or subsequent offense, or if the
offender has previously been convicted two or more times of violating this
section or of any offense under the laws of the United States or any state,
territory or district which, if committed in this State, would amount to a
violation of this section, for a category B felony by imprisonment in the state
prison for a minimum term of not less than 3 years and a maximum term of not
more than 15 years, and may be further punished by a fine of not more than
$20,000 for each offense.
5. The court shall not grant probation to
or suspend the sentence of a person convicted under subsection 4 and punishable
pursuant to paragraph (b) or (c) of subsection 4.
(Added to NRS by 1971, 2018; A 1973, 1213, 1372; 1977, 1411; 1979, 1471, 1667; 1981, 739; 1983, 510; 1995, 1281; 1999, 2637)
NRS 453.322 Offer, attempt or commission of unauthorized act relating to
manufacture or compounding of certain controlled substances unlawful; penalty;
prohibition against probation of offenders.
1. Except as authorized by the provisions
of NRS 453.011 to 453.552,
inclusive, it is unlawful for a person to knowingly or intentionally:
(a) Manufacture or compound a controlled substance
other than marijuana.
(b) Possess, with the intent to manufacture or
compound a controlled substance other than marijuana, or sell, exchange,
barter, supply, prescribe, dispense or give away, with the intent that the
chemical be used to manufacture or compound a controlled substance other than
marijuana:
(1) Any chemical identified in subsection
4; or
(2) Any other chemical which is proven by
expert testimony to be commonly used in manufacturing or compounding a
controlled substance other than marijuana. The district attorney may present
expert testimony to provide a prima facie case that any chemical, whether or
not it is a chemical identified in subsection 4, is commonly used in
manufacturing or compounding such a controlled substance.
Ê The provisions
of this paragraph do not apply to a person who, without the intent to commit an
unlawful act, possesses any chemical at a laboratory that is licensed to store
the chemical.
(c) Offer or attempt to do any act set forth in
paragraph (a) or (b).
2. Unless a greater penalty is provided in
NRS 453.3385 or 453.3395,
a person who violates any provision of subsection 1 is guilty of a category B
felony and shall be punished by imprisonment in the state prison for a minimum
term of not less than 3 years and a maximum term of not more than 15 years, and
may be further punished by a fine of not more than $100,000.
3. The court shall not grant probation to
a person convicted pursuant to this section.
4. The following chemicals are identified
for the purposes of subsection 1:
(a) Acetic anhydride.
(b) Acetone.
(c) N-Acetylanthranilic acid, its esters and its
salts.
(d) Anthranilic acid, its esters and its salts.
(e) Benzaldehyde, its salts, isomers and salts of
isomers.
(f) Benzyl chloride.
(g) Benzyl cyanide.
(h) 1,4-Butanediol.
(i) 2-Butanone (or methyl ethyl ketone or MEK).
(j) Ephedrine, its salts, isomers and salts of
isomers.
(k) Ergonovine and its salts.
(l) Ergotamine and its salts.
(m) Ethylamine, its salts, isomers and salts of
isomers.
(n) Ethyl ether.
(o) Gamma butyrolactone.
(p) Hydriodic acid, its salts, isomers and salts
of isomers.
(q) Hydrochloric gas.
(r) Iodine.
(s) Isosafrole, its salts, isomers and salts of
isomers.
(t) Lithium metal.
(u) Methylamine, its salts, isomers and salts of
isomers.
(v) 3,4-Methylenedioxy-phenyl-2-propanone.
(w) N-Methylephedrine, its salts, isomers and
salts of isomers.
(x) Methyl isobutyl ketone (MIBK).
(y) N-Methylpseudoephedrine, its salts, isomers
and salts of isomers.
(z) Nitroethane, its salts, isomers and salts of
isomers.
(aa) Norpseudoephedrine, its salts, isomers and
salts of isomers.
(bb) Phenylacetic acid, its esters and its salts.
(cc) Phenylpropanolamine, its salts, isomers and
salts of isomers.
(dd) Piperidine and its salts.
(ee) Piperonal, its salts, isomers and salts of
isomers.
(ff) Potassium permanganate.
(gg) Propionic anhydride, its salts, isomers and
salts of isomers.
(hh) Pseudoephedrine, its salts, isomers and
salts of isomers.
(ii) Red phosphorous.
(jj) Safrole, its salts, isomers and salts of
isomers.
(kk) Sodium metal.
(ll) Sulfuric acid.
(mm) Toluene.
(Added to NRS by 1999, 2636; A 2003, 1396; 2007, 3126)
NRS 453.324 Unlawful to possess or dispose of methamphetamine manufacturing
waste; exception; penalty.
1. Except as otherwise provided in
subsection 2, a person who knowingly possesses or disposes of methamphetamine
manufacturing waste is guilty of a category C felony and shall be punished as
provided in NRS 193.130.
2. A person does not violate subsection 1
if the person:
(a) Possesses or disposes of the methamphetamine
manufacturing waste pursuant to state or federal laws regulating the storage,
cleanup or disposal of waste products from unlawful methamphetamine
manufacturing;
(b) Has notified a law enforcement agency of the
existence of the methamphetamine manufacturing waste; or
(c) Possesses or disposes of methamphetamine
manufacturing waste that had previously been disposed of by another person on
the person’s property in violation of subsection 1.
3. As used in this section:
(a) “Disposes of” means to discharge, deposit,
inject, spill, leak or place methamphetamine manufacturing waste into or onto
land or water.
(b) “Methamphetamine manufacturing waste” means
chemical waste or debris, used in or resulting from:
(1) The manufacture of any material,
compound, mixture or preparation which contains any quantity of
methamphetamine; or
(2) The grinding, soaking or otherwise
breaking down of a substance that is a precursor for the manufacture of any
material, compound, mixture or preparation which contains any quantity of
methamphetamine.
(Added to NRS by 2007, 3125)
NRS 453.326 Unlawful acts relating to recordkeeping, inspections and
knowingly keeping or maintaining place where controlled substances are
unlawfully used, kept or sold; penalty.
1. It is unlawful for a person:
(a) To refuse or fail to make, keep or furnish
any record, notification, order form, statement, invoice or information
required under the provisions of NRS 453.011 to 453.552, inclusive;
(b) To refuse an entry into any premises for any
inspection authorized by the provisions of NRS 453.011
to 453.552, inclusive; or
(c) Knowingly to keep or maintain any store, shop,
warehouse, dwelling, building, vehicle, boat, aircraft or other structure or
place which is resorted to by persons using controlled substances in violation
of the provisions of NRS 453.011 to 453.552, inclusive, for the purpose of using these
substances, or which is used for keeping or selling them in violation of those
sections.
2. A person who violates this section is
guilty of a category C felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 1971, 2019; A 1973, 1214; 1979, 1472; 1995, 1283; 1999, 2638; 2001, 1060; 2003, 557)
NRS 453.331 Unlawful acts relating to distribution of certain controlled
substances by registrants, use of unauthorized registration number and
possession of signed blank prescription forms; certain fraudulent acts
prohibited; penalty.
1. It is unlawful for a person knowingly
or intentionally to:
(a) Distribute as a registrant a controlled
substance classified in schedule I or II, except pursuant to an order form as
required by NRS 453.251;
(b) Use in the course of the manufacture or
distribution of a controlled substance a registration number which is
fictitious, revoked, suspended or issued to another person;
(c) Assume falsely the title of or represent
himself or herself as a registrant or other person authorized to possess
controlled substances;
(d) Acquire or obtain or attempt to acquire or
obtain possession of a controlled substance or a prescription for a controlled
substance by misrepresentation, fraud, forgery, deception, subterfuge or
alteration;
(e) Furnish false or fraudulent material
information in, or omit any material information from, any application, report
or other document required to be kept or filed under the provisions of NRS 453.011 to 453.552,
inclusive, or any record required to be kept by those sections;
(f) Sign the name of a fictitious person or of
another person on any prescription for a controlled substance or falsely make,
alter, forge, utter, publish or pass, as genuine, any prescription for a
controlled substance;
(g) Make, distribute or possess any punch, die,
plate, stone or other thing designed to print, imprint or reproduce the
trademark, trade name or other identifying mark, imprint or device of another
or any likeness of any of the foregoing upon any drug or container or labeling
thereof so as to render the drug a counterfeit substance;
(h) Possess prescription blanks which have been
signed before being filled out; or
(i) Make a false representation to a pharmacist
for the purpose of obtaining a controlled substance for which a prescription is
required.
2. A person who violates this section is
guilty of a category C felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 1971, 2019; A 1973, 1214; 1975, 988;
1979, 1318;
1981, 1962;
1985, 886; 1987, 950; 1995, 1283)
NRS 453.332 Unlawful acts relating to imitation controlled substances;
penalties.
1. Except as otherwise provided in
subsection 6, it is unlawful for a person to manufacture, distribute, sell or
possess with the intent to distribute or sell an imitation controlled
substance.
2. Except as otherwise provided in
subsection 3, a person who violates subsection 1 is guilty of a misdemeanor.
3. A person who is 18 years of age or
older who distributes or sells an imitation controlled substance to a person
who is under the age of 18 years is guilty of a category C felony and shall be
punished as provided in NRS 193.130. In
addition to any other penalty, the court may order the convicted person to pay
restitution for any reasonable costs incurred for the participation of the
person to whom he or she distributed or sold the imitation controlled substance
in a program for the treatment of the abuse of controlled substances. If the
court orders the convicted person to make such restitution, the court shall
notify the parent, guardian or other person legally responsible for the person
to whom the imitation controlled substance was distributed or sold that such
restitution has been ordered.
4. A person who:
(a) Uses or possesses with the intent to use an
imitation controlled substance; or
(b) Advertises or solicits in any manner with
reasonable knowledge that the advertisement or solicitation is to promote the
distribution of an imitation controlled substance,
Ê is guilty of
a gross misdemeanor upon the person’s first and second convictions, and upon a
third or any further conviction, is guilty of a category C felony and shall be
punished as provided in NRS 193.130.
5. For the purposes of this section:
(a) “Distribute” means the actual, constructive
or attempted transfer, delivery or dispensing to another of an imitation
controlled substance.
(b) “Imitation controlled substance” means a
substance, not a controlled substance, which:
(1) In the form distributed is shaped,
marked or colored so as to lead a reasonable person to believe it is a
controlled substance; or
(2) Is represented to be a controlled
substance. In determining whether such a representation was made, the court
shall consider, in addition to all other logically relevant factors:
(I) Statements made by the defendant
regarding the nature of the substance, its use or effect.
(II) Statements made by the
defendant regarding the recipient’s ability to resell the substance at a
substantially higher price than is customary for the substance.
(III) Whether the substance is
packaged in a manner normally used for illicit controlled substances.
6. This section does not apply to the
manufacture, distribution, sale or possession of an imitation controlled
substance for use as a placebo by a practitioner in the course of his or her
professional practice or research.
(Added to NRS by 1983, 920; A 1995, 1284; 1999, 748)
NRS 453.3325 Unlawful to allow child to be present during commission of
certain violations which involve controlled substances other than marijuana;
penalties; probation or suspended sentence prohibited.
1. A person shall not intentionally allow
a child to be present in any conveyance or upon any premises wherein a
controlled substance other than marijuana:
(a) Is being used in violation of the provisions
of NRS 453.011 to 453.552,
inclusive, if the person in any manner knowingly engages in or conspires with,
aids or abets another person to engage in such activity;
(b) Is being sold, exchanged, bartered, supplied,
prescribed, dispensed, given away or administered in violation of the
provisions of NRS 453.011 to 453.552,
inclusive, if the person in any manner knowingly engages in or conspires with,
aids or abets another person to engage in such activity; or
(c) Is being or has been manufactured or
compounded in violation of the provisions of NRS
453.011 to 453.552, inclusive, if the person in
any manner knowingly engages in or conspires with, aids or abets another person
to engage in such activity.
2. Unless a greater penalty is provided by
specific statute:
(a) A person who violates the provisions of
paragraph (a) of subsection 1:
(1) If the violation does not proximately
cause substantial bodily harm or death to the child, is guilty of a category C
felony and shall be punished as provided in NRS
193.130.
(2) If the violation proximately causes
substantial bodily harm to the child other than death, is guilty of a category
B felony and shall be punished by imprisonment in the state prison for a
minimum term of not less than 6 years and a maximum term of not more than 20
years, and shall be further punished by a fine of not more than $20,000.
(3) If the violation proximately causes the
death of the child, is guilty of murder, which is a category A felony, and
shall be punished as provided in NRS
200.030.
(b) A person who violates the provisions of
paragraph (b) of subsection 1:
(1) If the violation does not proximately
cause substantial bodily harm or death to the child, is guilty of a category B
felony and shall be punished by imprisonment in the state prison for a minimum
term of not less than 3 years and a maximum term of not more than 15 years, and
shall be further punished by a fine of not more than $10,000.
(2) If the violation proximately causes
substantial bodily harm to the child other than death, is guilty of a category
B felony and shall be punished by imprisonment in the state prison for a
minimum term of not less than 6 years and a maximum term of not more than 20
years, and shall be further punished by a fine of not more than $20,000.
(3) If the violation proximately causes
the death of the child, is guilty of murder, which is a category A felony, and
shall be punished as provided in NRS
200.030.
(c) A person who violates the provisions of
paragraph (c) of subsection 1:
(1) If the violation does not proximately
cause substantial bodily harm or death to the child, is guilty of a category B
felony and shall be punished by imprisonment in the state prison for a minimum
term of not less than 5 years and a maximum term of not more than 20 years, and
shall be further punished by a fine of not more than $15,000.
(2) If the violation proximately causes
substantial bodily harm to the child other than death, is guilty of a category
A felony and shall be punished by imprisonment in the state prison:
(I) For life with the possibility of
parole, with eligibility for parole beginning when a minimum of 10 years has
been served; or
(II) For a definite term of 40
years, with eligibility for parole beginning when a minimum of 10 years has
been served,
Ê and shall be
further punished by a fine of not more than $50,000.
(3) If the violation proximately causes
the death of the child, is guilty of murder, which is a category A felony, and
shall be punished as provided in NRS
200.030.
3. Except as otherwise provided in NRS 453.3363, the court shall not grant probation to
or suspend the sentence of a person convicted pursuant to this section.
4. As used in this section:
(a) “Child” means a person who is less than 18
years of age.
(b) “Conveyance” means any vessel, boat, vehicle,
airplane, glider, house trailer, travel trailer, motor home or railroad car, or
other means of conveyance.
(c) “Premises” means any temporary or permanent
structure, including, without limitation, any building, house, room, apartment,
tenement, shed, carport, garage, shop, warehouse, store, mill, barn, stable,
outhouse or tent, whether located aboveground or underground and whether
inhabited or not.
(Added to NRS by 2005, 1056)
NRS 453.333 Penalties for making available controlled substance which causes
death. If the death of a person is
proximately caused by a controlled substance which was sold, given, traded or
otherwise made available to him or her by another person in violation of this
chapter, the person who sold, gave or traded or otherwise made the substance
available to him or her is guilty of murder. If convicted of murder in the
second degree, the person is guilty of a category A felony and shall be
punished as provided in subsection 5 of NRS
200.030. If convicted of murder in the first degree, the person is guilty
of a category A felony and shall be punished as provided in subsection 4 of NRS 200.030, except that the punishment of
death may be imposed only if the requirements of paragraph (a) of subsection 4
of that section have been met and if the defendant is or has previously been
convicted of violating NRS 453.3385, 453.339 or 453.3395 or a
law of any other jurisdiction which prohibits the same conduct.
(Added to NRS by 1983, 510; A 1985, 1598; 1987, 1462; 1995, 1285)
NRS 453.3335 Additional penalty for failing to render or seek medical
assistance for person injured or killed by use of controlled substance under
certain circumstances.
1. Except as otherwise provided in NRS 193.169, a defendant who is found
guilty of violating NRS 453.321 or 453.333 where:
(a) The use of the controlled substance by a
person resulted in death or substantial bodily harm to the person;
(b) The defendant was in the presence of the
injured person when the injured person manifested an adverse physical reaction
to the controlled substance; and
(c) The defendant failed to render or seek
necessary medical assistance for the injured person in a timely manner,
Ê shall be
punished by imprisonment in the state prison for a term equal to and in
addition to the term of imprisonment prescribed by statute for the crime. The
sentence prescribed by this section runs consecutively with the sentence
prescribed by statute for the crime.
2. This section does not create a separate
offense but provides an additional penalty for the primary offense, whose
imposition is contingent upon the finding of the prescribed fact.
(Added to NRS by 2003, 871)
NRS 453.334 Penalty for second or subsequent offense of sale of controlled
substance to minor. Unless a
greater penalty is provided in NRS 453.333, a
person who is convicted of selling a controlled substance to a minor in
violation of this chapter is guilty of a category A felony and shall be
punished for a second or subsequent violation by imprisonment in the state
prison:
1. For life with the possibility of
parole, with eligibility for parole beginning when a minimum of 5 years has
been served; or
2. For a definite term of 15 years, with
eligibility for parole beginning when a minimum of 5 years has been served,
Ê and may be
further punished by a fine of not more than $20,000. In addition to any other
penalty, the court may order a person who is 18 years of age or older who is
convicted of selling a controlled substance to a minor in violation of this
chapter to pay restitution for any reasonable costs incurred for the
participation of the minor in a program for the treatment of the abuse of
controlled substances. If the court orders the convicted person to make such
restitution, the court shall notify the parent, guardian or other person
legally responsible for the minor that such restitution has been ordered.
(Added to NRS by 1983, 510; A 1995, 1285; 1999, 749)
NRS 453.3345 Additional penalty for commission of certain violations at or
near school, school bus stop, recreational facilities for minors or public
park.
1. Unless a greater penalty is provided in
NRS 453.333 or 453.334,
and except as otherwise provided in NRS
193.169, any person who violates NRS 453.321 or
453.322:
(a) On the grounds of a public or private school,
a playground, public park, public swimming pool, recreational center for youths
or a video arcade;
(b) On a campus of the Nevada System of Higher
Education;
(c) Within 1,000 feet of the perimeter of such a
school ground or campus, playground, park, pool, recreational center or arcade;
or
(d) Within 1,000 feet of a school bus stop from 1
hour before school begins until 1 hour after school ends during scheduled
school days,
Ê must be
punished by imprisonment in the state prison for a term equal to and in
addition to the term of imprisonment prescribed by statute for the crime. The
sentence prescribed by this section runs consecutively with the sentence
prescribed by statute for the crime.
2. This section does not create a separate
offense but provides an additional penalty for the primary offense, whose
imposition is contingent upon the finding of the prescribed fact.
3. For the purposes of this section:
(a) “Playground” means any outdoor facility,
intended for recreation, open to the public and in any portion thereof
containing one or more apparatus intended for the recreation of children, such
as a sliding board, teeterboard, sandbox or swingset.
(b) “Recreational center for youths” means a
recreational facility or gymnasium which regularly provides athletic, civic or
cultural activities for persons under 18 years of age.
(c) “School bus” has the meaning ascribed to it
in NRS 483.160.
(d) “Video arcade” means a facility legally
accessible to persons under 18 years of age, intended primarily for the use of
pinball and video machines for amusement and which contains a minimum of 10
such machines.
(Added to NRS by 1989, 2066; A 1991, 1060; 1993, 406; 1999, 731, 2639; 2001, 193, 194; 2003, 383)
NRS 453.3351 Additional penalty for commission of certain violations which
involve methamphetamine under certain circumstances.
1. Unless a greater penalty is provided by
law, and except as otherwise provided in NRS
193.169, any person who violates NRS 453.322, 453.3385 or 453.3395
where the violation included the manufacture of any material, compound, mixture
or preparation which contains any quantity of methamphetamine:
(a) Within 500 feet of a residence, business,
church, synagogue or other place of religious worship, public or private
school, campus of the Nevada System of Higher Education, playground, public
park, public swimming pool or recreational center for youths; or
(b) In a manner which creates a great risk of
death or substantial bodily harm to another person,
Ê shall be
punished by imprisonment in the state prison for a term equal to and in
addition to the term of imprisonment prescribed by statute for the crime. The
sentence prescribed by this section runs consecutively with the sentence
prescribed by statute for the crime.
2. This section does not create a separate
offense but provides an additional penalty for the primary offense, whose
imposition is contingent upon the finding of the prescribed fact.
3. For the purposes of this section:
(a) “Playground” has the meaning ascribed to it
in NRS 453.3345.
(b) “Recreational center for youths” has the
meaning ascribed to it in NRS 453.3345.
(c) “Residence” means any house, room, apartment,
tenement, manufactured home as defined in NRS
489.113, or mobile home as defined in NRS
489.120, that is designed or intended for occupancy.
(Added to NRS by 2003, 339; A 2005, 1058)
NRS 453.3353 Additional and alternative penalties for commission of certain
violations which involve controlled substances other than marijuana and result
in death or substantial bodily harm to another person.
1. Unless a greater penalty is provided by
law, and except as otherwise provided in this section and NRS 193.169, if:
(a) A person violates NRS
453.322, 453.3385 or 453.3395,
and the violation involves the manufacturing or compounding of any controlled
substance other than marijuana; and
(b) During the discovery or cleanup of the
premises at, on or in which the controlled substance was manufactured or
compounded, another person suffers substantial bodily harm other than death as
the proximate result of the manufacturing or compounding of the controlled
substance,
Ê the person
who committed the offense shall be punished by imprisonment in the state prison
for a term equal to and in addition to the term of imprisonment prescribed by
statute for the offense. The sentence prescribed by this subsection runs
consecutively with the sentence prescribed by statute for the offense.
2. Unless a greater penalty is provided by
law, and except as otherwise provided in NRS
193.169, if:
(a) A person violates NRS
453.322, 453.3385 or 453.3395,
and the violation involves the manufacturing or compounding of any controlled
substance other than marijuana; and
(b) During the discovery or cleanup of the
premises at, on or in which the controlled substance was manufactured or
compounded, another person suffers death as the proximate result of the
manufacturing or compounding of the controlled substance,
Ê the offense
shall be deemed a category A felony and the person who committed the offense
shall be punished by imprisonment in the state prison:
(1) For life without the possibility of
parole;
(2) For life with the possibility of
parole, with eligibility for parole beginning when a minimum of 20 years has
been served; or
(3) For a definite term of 50 years, with
eligibility for parole beginning when a minimum of 20 years has been served.
3. Subsection 1 does not create a separate
offense but provides an additional penalty for the primary offense, the
imposition of which is contingent upon the finding of the prescribed fact.
Subsection 2 does not create a separate offense but provides an alternative
penalty for the primary offense, the imposition of which is contingent upon the
finding of the prescribed fact.
4. As used in this section, “premises”
means:
(a) Any temporary or permanent structure,
including, without limitation, any building, house, room, apartment, tenement,
shed, carport, garage, shop, warehouse, store, mill, barn, stable, outhouse or
tent; or
(b) Any conveyance, including, without
limitation, any vessel, boat, vehicle, airplane, glider, house trailer, travel
trailer, motor home or railroad car,
Ê whether
located aboveground or underground and whether inhabited or not.
(Added to NRS by 2005, 945)
NRS 453.336 Unlawful possession not for purpose of sale: Prohibition;
penalties; exception.
1. Except as otherwise provided in
subsection 5, a person shall not knowingly or intentionally possess a
controlled substance, unless the substance was obtained directly from, or
pursuant to, a prescription or order of a physician, physician assistant
licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician,
optometrist, advanced practice registered nurse or veterinarian while acting in
the course of his or her professional practice, or except as otherwise
authorized by the provisions of NRS 453.005 to 453.552, inclusive.
2. Except as otherwise provided in
subsections 3 and 4 and in NRS 453.3363, and
unless a greater penalty is provided in NRS
212.160, 453.3385, 453.339
or 453.3395, a person who violates this section
shall be punished:
(a) For the first or second offense, if the
controlled substance is listed in schedule I, II, III or IV, for a category E
felony as provided in NRS 193.130.
(b) For a third or subsequent offense, if the
controlled substance is listed in schedule I, II, III or IV, or if the offender
has previously been convicted two or more times in the aggregate of any
violation of the law of the United States or of any state, territory or
district relating to a controlled substance, for a category D felony as
provided in NRS 193.130, and may be
further punished by a fine of not more than $20,000.
(c) For the first offense, if the controlled
substance is listed in schedule V, for a category E felony as provided in NRS 193.130.
(d) For a second or subsequent offense, if the
controlled substance is listed in schedule V, for a category D felony as
provided in NRS 193.130.
3. Unless a greater penalty is provided in
NRS 212.160, 453.337
or 453.3385, a person who is convicted of the
possession of flunitrazepam or gamma-hydroxybutyrate, or any substance for
which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor, is
guilty of a category B felony and shall be punished by imprisonment in the
state prison for a minimum term of not less than 1 year and a maximum term of not
more than 6 years.
4. Unless a greater penalty is provided
pursuant to NRS 212.160, a person who
is convicted of the possession of 1 ounce or less of marijuana:
(a) For the first offense, is guilty of a
misdemeanor and shall be:
(1) Punished by a fine of not more than
$600; or
(2) Examined by an approved facility for
the treatment of abuse of drugs to determine whether the person is a drug
addict and is likely to be rehabilitated through treatment and, if the
examination reveals that the person is a drug addict and is likely to be
rehabilitated through treatment, assigned to a program of treatment and
rehabilitation pursuant to NRS 453.580.
(b) For the second offense, is guilty of a
misdemeanor and shall be:
(1) Punished by a fine of not more than
$1,000; or
(2) Assigned to a program of treatment and
rehabilitation pursuant to NRS 453.580.
(c) For the third offense, is guilty of a gross
misdemeanor and shall be punished as provided in NRS 193.140.
(d) For a fourth or subsequent offense, is guilty
of a category E felony and shall be punished as provided in NRS 193.130.
5. It is not a violation of this section
if a person possesses a trace amount of a controlled substance and that trace
amount is in or on a hypodermic device obtained from a sterile hypodermic
device program pursuant to NRS 439.985
to 439.994, inclusive.
6. As used in this section:
(a) “Controlled substance” includes
flunitrazepam, gamma-hydroxybutyrate and each substance for which flunitrazepam
or gamma-hydroxybutyrate is an immediate precursor.
(b) “Sterile hypodermic device program” has the
meaning ascribed to it in NRS 439.943.
(Added to NRS by 1971, 2019; A 1973, 1214; 1977, 1413; 1979, 1473; 1981, 740, 1210, 1962; 1983, 289; 1987, 759; 1991, 1660; 1993, 2234; 1995, 1285, 1719; 1997, 521, 525, 903; 1999, 1917; 2001, 410, 785, 797, 3067; 2007, 1864; 2013, 2084,
3173)
NRS 453.3361 Unlawful possession not for purpose of sale: Local ordinances
adopting penalties for certain similar offenses; allocation of fines collected
for violation of local ordinance.
1. A local authority may enact an
ordinance adopting the penalties set forth for misdemeanors in NRS 453.336 for similar offenses under a local
ordinance. The ordinance must set forth the manner in which money collected
from fines imposed by a court for a violation of the ordinance must be
disbursed in accordance with subsection 2.
2. Money collected from fines imposed by a
court for a violation of an ordinance enacted pursuant to subsection 1 must be
evenly allocated among:
(a) Nonprofit programs for the treatment of abuse
of alcohol or drugs that are certified by the Division of Public and Behavioral
Health of the Department;
(b) A program of treatment and rehabilitation
established by a court pursuant to NRS 453.580, if
any; and
(c) Local law enforcement agencies,
Ê in a manner
determined by the court.
3. As used
in this section, “local authority” means the governing board of a county, city
or other political subdivision having authority to enact ordinances.
(Added to NRS by 2001, 3066)
NRS 453.3363 Suspension of proceedings and probation of accused under certain
conditions; effect of discharge and dismissal.
1. If a person who has not previously been
convicted of any offense pursuant to NRS 453.011 to
453.552, inclusive, or pursuant to any statute of
the United States or of any state relating to narcotic drugs, marijuana, or
stimulant, depressant or hallucinogenic substances tenders a plea of guilty,
guilty but mentally ill, nolo contendere or similar plea to a charge pursuant
to subparagraph (1) of paragraph (a) of subsection 2 of NRS
453.3325, subsection 2 or 3 of NRS 453.336, NRS 453.411 or 454.351,
or is found guilty or guilty but mentally ill of one of those charges, the
court, without entering a judgment of conviction and with the consent of the
accused, may suspend further proceedings and place the person on probation upon
terms and conditions that must include attendance and successful completion of
an educational program or, in the case of a person dependent upon drugs, of a
program of treatment and rehabilitation pursuant to NRS
453.580.
2. Upon violation of a term or condition,
the court may enter a judgment of conviction and proceed as provided in the
section pursuant to which the accused was charged. Notwithstanding the
provisions of paragraph (e) of subsection 2 of NRS 193.130, upon violation of a term or
condition, the court may order the person to the custody of the Department of
Corrections.
3. Upon fulfillment of the terms and
conditions, the court shall discharge the accused and dismiss the proceedings
against him or her. A nonpublic record of the dismissal must be transmitted to
and retained by the Division of Parole and Probation of the Department of
Public Safety solely for the use of the courts in determining whether, in later
proceedings, the person qualifies under this section.
4. Except as otherwise provided in
subsection 5, discharge and dismissal under this section is without
adjudication of guilt and is not a conviction for purposes of this section or
for purposes of employment, civil rights or any statute or regulation or
license or questionnaire or for any other public or private purpose, but is a
conviction for the purpose of additional penalties imposed for second or
subsequent convictions or the setting of bail. Discharge and dismissal restores
the person discharged, in the contemplation of the law, to the status occupied
before the arrest, indictment or information. The person may not be held
thereafter under any law to be guilty of perjury or otherwise giving a false
statement by reason of failure to recite or acknowledge that arrest,
indictment, information or trial in response to an inquiry made of the person
for any purpose. Discharge and dismissal under this section may occur only once
with respect to any person.
5. A professional licensing board may
consider a proceeding under this section in determining suitability for a
license or liability to discipline for misconduct. Such a board is entitled for
those purposes to a truthful answer from the applicant or licensee concerning
any such proceeding with respect to the applicant or licensee.
(Added to NRS by 1991, 1647; A 1993, 1234, 1622; 1995, 557, 2468; 1997, 1189; 2001, 1061, 2624, 3068; 2001
Special Session, 241; 2003, 289, 306, 557, 1486; 2005, 1058; 2007, 1446)
NRS 453.3365 Sealing of record of person convicted of possession of
controlled substance not for purpose of sale; conditions.
1. Three years after a person is convicted
and sentenced pursuant to subsection 3 of NRS 453.336,
the court may order sealed all documents, papers and exhibits in that person’s
record, minute book entries and entries on dockets, and other documents
relating to the case in the custody of such other agencies and officers as are
named in the court’s order, if the:
(a) Person fulfills the terms and conditions
imposed by the court and the parole and probation officer; and
(b) Court, after a hearing, is satisfied that the
person is rehabilitated.
2. Except as limited by subsection 4,
after an accused is discharged from probation pursuant to NRS 453.3363, the court shall order sealed all
documents, papers and exhibits in that person’s record, minute book entries and
entries on dockets, and other documents relating to the case in the custody of
such other agencies and officers as are named in the court’s order if the
person fulfills the terms and conditions imposed by the court and the Division
of Parole and Probation of the Department of Public Safety. The court shall
order those records sealed without a hearing unless the Division of Parole and
Probation petitions the court, for good cause shown, not to seal the records and
requests a hearing thereon.
3. If the court orders sealed the record
of a person discharged pursuant to NRS 453.3363,
it shall cause a copy of the order to be sent to each agency or officer named
in the order. Each such agency or officer shall notify the court in writing of
its compliance with the order.
4. A professional licensing board is
entitled, for the purpose of determining suitability for a license or liability
to discipline for misconduct, to inspect and to copy from a record sealed
pursuant to this section.
(Added to NRS by 1987, 759; A 1991, 1662; 1993, 1624; 2001, 2625; 2009, 421)
NRS 453.337 Unlawful possession for sale of flunitrazepam,
gamma-hydroxybutyrate and schedule I or II substances; penalties.
1. Except as otherwise authorized by the
provisions of NRS 453.011 to 453.552,
inclusive, it is unlawful for a person to possess for the purpose of sale
flunitrazepam, gamma-hydroxybutyrate, any substance for which flunitrazepam or
gamma-hydroxybutyrate is an immediate precursor or any controlled substance
classified in schedule I or II.
2. Unless a greater penalty is provided in
NRS 453.3385, 453.339
or 453.3395, a person who violates this section
shall be punished:
(a) For the first offense, for a category D
felony as provided in NRS 193.130.
(b) For a second offense, or if, in the case of a
first conviction of violating this section, the offender has previously been convicted
of a felony under the Uniform Controlled Substances Act or of an offense under
the laws of the United States or any state, territory or district which, if
committed in this State, would amount to a felony under the Uniform Controlled
Substances Act, for a category C felony as provided in NRS 193.130.
(c) For a third or subsequent offense, or if the
offender has previously been convicted two or more times of a felony under the
Uniform Controlled Substances Act or of any offense under the laws of the
United States or any state, territory or district which, if committed in this
State, would amount to a felony under the Uniform Controlled Substances Act,
for a category B felony by imprisonment in the state prison for a minimum term
of not less than 3 years and a maximum term of not more than 15 years, and may
be further punished by a fine of not more than $20,000 for each offense.
3. The court shall not grant probation to
or suspend the sentence of a person convicted of violating this section and
punishable pursuant to paragraph (b) or (c) of subsection 2.
(Added to NRS by 1977, 1407; A 1981, 742; 1983, 291; 1995, 1287; 1997, 904)
NRS 453.338 Unlawful possession for sale of substances classified in
schedule III, IV or V; penalties.
1. Except as authorized by the provisions
of NRS 453.011 to 453.552,
inclusive, it is unlawful for a person to possess for the purpose of sale any
controlled substance classified in schedule III, IV or V.
2. A person who violates this section
shall be punished:
(a) For the first and second offense, for a
category D felony as provided in NRS
193.130, and may be further punished by a fine of not more than $10,000.
(b) For a third or subsequent offense, or if the
offender has been previously convicted two or more times of a felony under the
Uniform Controlled Substances Act or of any offense under the laws of the
United States or any state, territory or district which, if committed in this
State, would amount to a felony under the Uniform Controlled Substances Act,
for a category C felony as provided in NRS
193.130.
3. The court shall not grant probation to
or suspend the sentence of a person convicted of violating this section and
punishable under paragraph (b) of subsection 2.
(Added to NRS by 1977, 1407; A 1979, 1474; 1981, 743; 1995, 1287; 1997, 523)
NRS 453.3383 Determination of weight of controlled substance for purposes of NRS
453.3385, 453.339 and 453.3395. For the purposes of NRS
453.3385, 453.339 and 453.3395,
the weight of the controlled substance as represented by the person selling or
delivering it is determinative if the weight as represented is greater than the
actual weight of the controlled substance.
(Added to NRS by 1985, 159)
NRS 453.3385 Trafficking in controlled substances: Flunitrazepam,
gamma-hydroxybutyrate and schedule I substances, except marijuana. Except as otherwise authorized by the
provisions of NRS 453.011 to 453.552,
inclusive, a person who knowingly or intentionally sells, manufactures, delivers
or brings into this State or who is knowingly or intentionally in actual or
constructive possession of flunitrazepam, gamma-hydroxybutyrate, any substance
for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor or
any controlled substance which is listed in schedule I, except marijuana, or
any mixture which contains any such controlled substance, shall be punished,
unless a greater penalty is provided pursuant to NRS
453.322, if the quantity involved:
1. Is 4 grams or more, but less than 14
grams, for a category B felony by imprisonment in the state prison for a
minimum term of not less than 1 year and a maximum term of not more than 6
years and by a fine of not more than $50,000.
2. Is 14 grams or more, but less than 28
grams, for a category B felony by imprisonment in the state prison for a
minimum term of not less than 2 years and a maximum term of not more than 15
years and by a fine of not more than $100,000.
3. Is 28 grams or more, for a category A
felony by imprisonment in the state prison:
(a) For life with the possibility of parole, with
eligibility for parole beginning when a minimum of 10 years has been served; or
(b) For a definite term of 25 years, with eligibility
for parole beginning when a minimum of 10 years has been served,
Ê and by a
fine of not more than $500,000.
(Added to NRS by 1983, 287; A 1995, 1288; 1997, 905; 1999, 2639)
NRS 453.339 Trafficking in controlled substances: Marijuana.
1. Except as otherwise provided in NRS 453.011 to 453.552,
inclusive, a person who knowingly or intentionally sells, manufactures,
delivers or brings into this State or who is knowingly or intentionally in
actual or constructive possession of marijuana shall be punished, if the
quantity involved:
(a) Is 100 pounds or more, but less than 2,000
pounds, for a category C felony as provided in NRS 193.130 and by a fine of not more than
$25,000.
(b) Is 2,000 pounds or more, but less than 10,000
pounds, for a category B felony by imprisonment in the state prison for a
minimum term of not less than 2 years and a maximum term of not more than 10
years and by a fine of not more than $50,000.
(c) Is 10,000 pounds or more, for a category A
felony by imprisonment in the state prison:
(1) For life with the possibility of
parole, with eligibility for parole beginning when a minimum of 5 years has
been served; or
(2) For a definite term of 15 years, with
eligibility for parole beginning when a minimum of 5 years has been served,
Ê and by a
fine of not more than $200,000.
2. For the purposes of this section:
(a) “Marijuana” means all parts of any plant of
the genus Cannabis, whether growing or not.
(b) The weight of marijuana is its weight when
seized or as soon as practicable thereafter.
(Added to NRS by 1983, 287; A 1989, 661; 1995, 1288)
NRS 453.3393 Unlawful to produce or process marijuana; exception; penalties.
1. A person shall not knowingly or
intentionally manufacture, grow, plant, cultivate, harvest, dry, propagate or
process marijuana, except as specifically authorized by the provisions of this
chapter or chapter 453A of NRS.
2. Unless a greater penalty is provided in
NRS 453.339, a person who violates subsection 1, if
the quantity involved is more than 12 marijuana plants, irrespective of whether
the marijuana plants are mature or immature, is guilty of a category E felony
and shall be punished as provided in NRS
193.130.
3. In addition to any punishment imposed
pursuant to subsection 2, the court shall order a person convicted of a
violation of subsection 1 to pay all costs associated with any necessary
cleanup and disposal related to the manufacturing, growing, planting,
cultivation, harvesting, drying, propagation or processing of the marijuana.
(Added to NRS by 2013, 3700)
NRS 453.3395 Trafficking in controlled substances: Schedule II substances. Except as otherwise provided in NRS 453.011 to 453.552,
inclusive, a person who knowingly or intentionally sells, manufactures,
delivers or brings into this State or who is knowingly or intentionally in
actual or constructive possession of any controlled substance which is listed
in schedule II or any mixture which contains any such controlled substance
shall be punished, unless a greater penalty is provided pursuant to NRS 453.322, if the quantity involved:
1. Is 28 grams or more, but less than 200
grams, for a category C felony as provided in NRS 193.130 and by a fine of not more than
$50,000.
2. Is 200 grams or more, but less than 400
grams, for a category B felony by imprisonment in the state prison for a
minimum term of not less than 2 years and a maximum term of not more than 10
years and by a fine of not more than $100,000.
3. Is 400 grams or more, for a category A
felony by imprisonment in the state prison:
(a) For life with the possibility of parole, with
eligibility for parole beginning when a minimum of 5 years has been served; or
(b) For a definite term of 15 years, with
eligibility for parole beginning when a minimum of 5 years has been served,
Ê and by a
fine of not more than $250,000.
(Added to NRS by 1983, 288; A 1995, 1289; 1999, 2640)
NRS 453.3405 Trafficking in controlled substances: Suspended sentence
limited; eligibility for parole; reduction or suspension of sentence of person
assisting in investigation or prosecution of any offense; consideration of
factors by court.
1. Except as otherwise provided in
subsection 2, the adjudication of guilt and imposition of sentence of a person
found guilty of trafficking in a controlled substance in violation of NRS 453.3385, 453.339 or 453.3395 must not be suspended and the person is not
eligible for parole until the person has actually served the mandatory minimum
term of imprisonment prescribed by the section under which the person was
convicted.
2. The court, upon an appropriate motion,
may reduce or suspend the sentence of any person convicted of violating any of
the provisions of NRS 453.3385, 453.339 or 453.3395 if
the court finds that the convicted person rendered substantial assistance in
the investigation or prosecution of any offense. The arresting agency must be
given an opportunity to be heard before the motion is granted. Upon good cause
shown, the motion may be heard in camera.
3. Any appropriate reduction or suspension
of a sentence pursuant to subsection 2 must be determined by the court, for
reasons stated by the court that may include, without limitation, consideration
of the following:
(a) The court’s evaluation of the significance
and usefulness of the convicted person’s assistance, taking into consideration
the prosecuting attorney’s evaluation of the assistance rendered;
(b) The truthfulness, completeness and
reliability of any information or testimony provided by the convicted person;
(c) The nature and extent of the convicted
person’s assistance;
(d) Any injury suffered or any danger or risk of
injury to the convicted person or his or her family resulting from his or her
assistance; and
(e) The timeliness of the convicted person’s
assistance.
(Added to NRS by 1983, 288; A 1985, 159; 2009, 370)
NRS 453.341 Prosecution or proceeding under prior law unaffected.
1. Prosecution for any violation of law
occurring before January 1, 1972, is not affected or abated by the provisions
of NRS 453.011 to 453.552,
inclusive. If the offense being prosecuted is similar to one set out in NRS 453.321 to 453.552,
inclusive, then the penalties under NRS 453.321 to 453.552, inclusive, apply if they are less than those
under prior law.
2. Civil seizures or forfeitures and
injunctive proceedings commenced before January 1, 1972, are not affected by
the provisions of NRS 453.011 to 453.552, inclusive.
3. All administrative proceedings pending
under prior laws which are superseded by NRS 453.011
to 453.552, inclusive, must be continued and
brought to a final determination in accord with the laws and rules in effect
before January 1, 1972. Any substance controlled under prior law which is not
listed within schedules I to V, inclusive, is automatically controlled without
further proceedings and must be listed in the appropriate schedule.
4. The Board shall initially permit
persons to register who own or operate any establishment engaged in the
dispensing of any controlled substance before January 1, 1972, and who are
registered or licensed by the State.
5. NRS 453.011
to 453.552, inclusive, apply to violations of law,
seizures and forfeiture, injunctive proceedings, administrative proceedings and
investigations which occur on or after January 1, 1972.
(Added to NRS by 1971, 2021; A 1973, 1216; 1995, 300; 1997, 510)
NRS 453.346 Effect of conviction or acquittal under federal or other state
laws.
1. If a violation of NRS 453.011 to 453.552,
inclusive, is a violation of a federal law or the law of another state, a
conviction or acquittal under federal law or the law of another state for the
same act is a bar to prosecution in this State.
2. The provisions of subsection 1 do not
prohibit any licensing board within this State from proceeding administratively
to suspend or revoke any certificate, license or permit held by any person who
has been convicted of a violation of any federal or state controlled substance
law.
(Added to NRS by 1971, 2021; A 2001, 1061; 2003, 558)
NRS 453.348 Previous convictions. In
any proceeding brought under NRS 453.316, 453.321, 453.322, 453.333, 453.334, 453.337, 453.338 or 453.401, any previous convictions of the offender for
a felony relating to controlled substances must be alleged in the indictment or
information charging the primary offense, but the conviction may not be alluded
to on the trial of the primary offense nor may any evidence of the previous
offense be produced in the presence of the jury except as otherwise prescribed
by law. If the offender pleads guilty or guilty but mentally ill to, or is
convicted of, the primary offense but denies any previous conviction charged,
the court shall determine the issue after hearing all relevant evidence. A
certified copy of a conviction of a felony is prima facie evidence of the
conviction.
(Added to NRS by 1977, 1408; A 1981, 1647; 1983, 511; 1995, 2468; 1999, 2640; 2003, 1487; 2007, 1447)
METHAMPHETAMINE PRECURSORS
NRS 453.352 Definitions. As
used in NRS 453.352 to 453.359,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 453.3525, 453.353
and 453.3535 have the meanings ascribed to them in
those sections.
(Added to NRS by 2007, 775, 3123)
NRS 453.3525 “Logbook” defined. “Logbook”
means a written or electronic list of each sale or transfer of a product that
is a precursor to methamphetamine.
(Added to NRS by 2007, 775, 3123)
NRS 453.353 “Product that is a precursor to methamphetamine” defined. “Product that is a precursor to
methamphetamine” means a product that contains ephedrine, pseudoephedrine or
phenylpropanolamine or the salts, optical isomers or salts of optical isomers
of such chemicals and may be marketed or distributed lawfully in the United States
under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 301 et seq., as a
nonprescription drug.
(Added to NRS by 2007, 775, 3123)
NRS 453.3535 “Retail distributor” defined. “Retail
distributor” means a grocery store, general merchandise store, drugstore,
pharmacy or other entity or person whose activities as a distributor of a
product that is a precursor to methamphetamine are limited exclusively or
almost exclusively to sales for personal use by an ultimate user, both in number
of sales and volume of sales, either directly to walk-in customers or in
face-to-face transactions by direct sales.
(Added to NRS by 2007, 775, 3123)
NRS 453.354 Manner of keeping, storing or placing methamphetamine precursor. A retail distributor shall keep, store or
place a product that is a precursor to methamphetamine in a locked case or
cabinet or behind a counter so that the public does not have direct access to
the product before a sale or transfer is made.
(Added to NRS by 2007, 775, 3123)
NRS 453.355 Limitations on sale or transfer of methamphetamine precursor by
retail distributor; exception.
1. Except as otherwise provided in
subsection 2, a retail distributor shall not:
(a) Sell or transfer to the same person during
any calendar day, without regard to the number of transactions, more than 3.6
grams of ephedrine base, pseudoephedrine base or phenylpropanolamine base or
the salts, optical isomers or salts of optical isomers of such chemicals in a
product that is a precursor to methamphetamine.
(b) Sell or transfer to the same person during
any 30-day period, without regard to the number of transactions, more than 9
grams of ephedrine base, pseudoephedrine base or phenylpropanolamine base or
the salts, optical isomers or salts of optical isomers of such chemicals in a
product that is a precursor to methamphetamine.
(c) Sell at retail and in nonliquid form a
product that is a precursor to methamphetamine, including, without limitation,
gel caps, unless:
(1) The product is packaged in blister
packs, each blister containing not more than two dosage units; or
(2) If the use of blister packs is
technically infeasible, the product is packaged in unit dosage packets or
pouches.
2. The provisions of subsection 1 do not
apply if:
(a) Pursuant to 21 U.S.C. § 830(e)(3), the
Attorney General of the United States has determined that a product that is a
precursor to methamphetamine cannot be used to manufacture methamphetamine and
provided by regulation that the product is exempt from the provisions of 21
U.S.C. § 830(d).
(b) The person who seeks to obtain a product that
is a precursor to methamphetamine has a valid prescription for the product.
(Added to NRS by 2007, 775, 3123; A 2013, 378)
NRS 453.357 Retail distributor required to maintain logbook; information
required to be entered in logbook at time of sale or transfer of
methamphetamine precursor; requirements for sale or transfer of methamphetamine
precursor; notice concerning entering false statement or representation in
logbook; maintenance of entries in logbook; limitation on accessing, using,
sharing or disclosing information in logbook.
1. A retail distributor shall maintain a
logbook.
2. At the time of the sale or transfer of
a product that is a precursor to methamphetamine, a retail distributor shall
ensure that the following information is entered in the logbook:
(a) The name of the product sold or transferred;
(b) The quantity of the product sold or
transferred;
(c) The name and address of the purchaser or
transferee;
(d) The date and time of the sale or transfer;
and
(e) The type and number of the identification
presented by the purchaser or transferee pursuant to paragraph (a) of
subsection 3.
3. A retail distributor shall not sell or
transfer a product that is a precursor to methamphetamine unless:
(a) The prospective purchaser or transferee:
(1) Presents an identification card which
provides a photograph and which is issued by the Federal Government, this State
or any other state, or a document that, with respect to identification, is
considered acceptable pursuant to 21 U.S.C. § 830(e)(1); and
(2) Signs his or her name in the logbook.
(b) The retail distributor:
(1) Determines that the name entered in
the logbook corresponds to the name provided on the identification presented by
the prospective purchaser or transferee; and
(2) Has consulted the real-time, stop sale
system, if required pursuant to NRS 639.440.
4. The retail distributor must include in
the logbook or otherwise post or provide to a prospective purchaser or
transferee a notice that entering a false statement or representation in the
logbook may subject the prospective purchaser or transferee to criminal
penalties under state law, as set forth in NRS 453.359,
and under federal law, as set forth in 18 U.S.C. § 1001.
5. A retail distributor shall maintain
each entry in the logbook for not less than 2 years after the date on which the
entry is made.
6. A retail distributor shall not access,
use or share the information in the logbook unless the accessing, using or
sharing of the information is allowed by federal law or unless the purpose of
accessing, using or sharing the information is to ensure compliance with this
chapter or to facilitate a product recall to protect the health and safety of
the public.
7. Upon a request, which is made for the
purpose of enforcing the provisions of NRS 453.352
to 453.359, inclusive, or 639.400 to 639.450, inclusive, by a law enforcement
agency of this State or a political subdivision thereof or a law enforcement
agency of the Federal Government, a retail distributor shall disclose the
information in the logbook to the law enforcement agency.
(Added to NRS by 2007, 776, 3124; A 2013, 378)
NRS 453.358 Civil penalty for violation. If
a retail distributor violates any provision of NRS
453.354, 453.355 or 453.357,
the retail distributor is subject to a civil penalty pursuant to the provisions
of NRS 453.553 to 453.5533,
inclusive.
(Added to NRS by 2007, 776, 3124)
NRS 453.3585 Limitations on acquisition of methamphetamine precursor;
exception; penalties.
1. Except as otherwise provided in
subsection 2, a person shall not knowingly or intentionally purchase, receive
or otherwise acquire:
(a) During any calendar day more than 3.6 grams
of ephedrine base, pseudoephedrine base or phenylpropanolamine base or the
salts, optical isomers or salts of optical isomers of such chemicals in a
product that is a precursor to methamphetamine; or
(b) During any 30-day period, more than 9 grams
of ephedrine base, pseudoephedrine base or phenylpropanolamine base or the
salts, optical isomers or salts of optical isomers of such chemicals in a
product that is a precursor to methamphetamine.
2. The provisions of this section do not
apply if the person purchasing, receiving or otherwise acquiring a product that
is a precursor to methamphetamine is a pharmacy, practitioner, retail
distributor, wholesale distributor or dispenser that is purchasing, receiving
or otherwise acquiring the product for the purpose of administering,
distributing or dispensing it in a lawful manner.
3. A person who violates any of the
provisions of this section is guilty of a misdemeanor, except that:
(a) If the person violates any of the provisions
of this section after a prior conviction under this chapter or the law of the
United States or of any state, territory or district relating to a controlled
substance has become final, the person is guilty of a gross misdemeanor; and
(b) If the person violates any of the provisions
of this section after two or more prior convictions under this chapter or the
law of the United States or of any state, territory or district relating to a
controlled substance, or a combination of two or more such prior convictions,
have become final, the person is guilty of a category D felony and shall be
punished as provided in NRS 193.130.
(Added to NRS by 2007, 776, 3125)
NRS 453.359 Penalty for entering false statement or representation in
logbook. Any person who knowingly
or intentionally enters a false statement or representation in a logbook is
guilty of a category D felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 2007, 777, 3125)
ILLEGAL INTERNET PHARMACIES
NRS 453.3611 Definitions. As
used in NRS 453.3611 to 453.3648,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 453.3615 to 453.3628,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2001, 1052)
NRS 453.3615 “Dangerous drug” defined. “Dangerous
drug” has the meaning ascribed to it in NRS
454.201.
(Added to NRS by 2001, 1052)
NRS 453.3618 “Illegal Internet pharmacy” defined.
1. “Illegal Internet pharmacy” means a
person located within or outside this State who is not licensed and certified
by the Board pursuant to chapter 639 of NRS
to engage in the practice of pharmacy via the Internet and who knowingly:
(a) Uses or attempts to use the Internet, in
whole or in part, to communicate with or obtain information from another
person; and
(b) Uses or attempts to use such communication or
information, in whole or in part, to:
(1) Fill or refill a prescription for a
prescription drug for the other person; or
(2) Deliver or cause, allow or aid in the
delivery of a controlled substance, imitation controlled substance, counterfeit
substance or prescription drug to the other person.
2. The term does not include a person who
is authorized by the provisions of NRS 453.011 to 453.552, inclusive, to dispense or distribute, unless
the person is acting outside of that authorization.
(Added to NRS by 2001, 1052)
NRS 453.3621 “Imitation controlled substance” defined. “Imitation controlled substance” has the
meaning ascribed to it in NRS 453.332.
(Added to NRS by 2001, 1052)
NRS 453.3625 “Internet” defined.
1. “Internet” means:
(a) The computer network commonly known as the
Internet and any other computer network that is similar to or is a predecessor
or successor of the Internet; and
(b) Any identifiable site on the Internet or such
other computer network.
2. The term includes, without limitation:
(a) A website or other similar site on the World
Wide Web;
(b) A site that is identifiable through a Uniform
Resource Location;
(c) A site on a computer network that is owned,
operated, administered or controlled by a provider of Internet service;
(d) An electronic bulletin board;
(e) A list server;
(f) A newsgroup; or
(g) A chat room.
(Added to NRS by 2001, 1052)
NRS 453.3628 “Prescription drug” defined. “Prescription
drug” means:
1. A controlled substance or dangerous
drug that may be dispensed to an ultimate user only pursuant to a lawful
prescription; and
2. Any other substance or drug substituted
for such a controlled substance or dangerous drug.
(Added to NRS by 2001, 1053)
NRS 453.3633 Circumstances under which person has “reasonable cause to
believe.” For the purposes of NRS 453.3611 to 453.3648,
inclusive, a person has “reasonable cause to believe” if, in light of all the
surrounding facts and circumstances which are known or which reasonably should
be known to the person at the time, a reasonable person would believe, under
those facts and circumstances, that an act, transaction, event, situation or
condition exists, is occurring or has occurred.
(Added to NRS by 2001, 1053)
NRS 453.3635 Applicability.
1. The provisions of NRS 453.3611 to 453.3648,
inclusive, do not apply to a person who is:
(a) A common or contract carrier or warehouseman,
or an employee thereof, unless the person is acting outside of the usual course
of his or her business or employment and knows or has reasonable cause to
believe that the act or transaction is unlawful.
(b) The intended recipient of a substance or
drug, unless the intended recipient knows or has reasonable cause to believe
that the act or transaction is unlawful.
2. The provisions of NRS 453.3611 to 453.3648,
inclusive, do not prohibit a person from filling or refilling a prescription
for a prescription drug during the period in which the prescription is valid
pursuant to NRS 453.256 if the person is otherwise
authorized by the provisions of NRS 453.011 to 453.552, inclusive, to dispense or distribute the
prescription drug.
(Added to NRS by 2001, 1053; A 2003, 558)
NRS 453.3638 Unlawful acts relating to filling or refilling prescription or
delivering certain substances or drugs; aiding unlawful act prohibited;
penalties; multiple punishments authorized.
1. A person who is located within this
State and who owns, operates, controls, profits from or is employed or paid by
an illegal Internet pharmacy shall not:
(a) Fill or refill a prescription for a
prescription drug for another person located within or outside this State; or
(b) Deliver or cause, allow or aid in the delivery
of a controlled substance, imitation controlled substance, counterfeit
substance or prescription drug to another person located within or outside this
State.
2. A person who is located outside this
State, who owns, operates, controls, profits from or is employed or paid by an
illegal Internet pharmacy and who knows or has reasonable cause to believe that
another person is located within this State shall not:
(a) Fill or refill a prescription for a
prescription drug for the other person; or
(b) Deliver or cause, allow or aid in the
delivery of a controlled substance, imitation controlled substance, counterfeit
substance or prescription drug to the other person.
3. A person shall not knowingly aid
another person in any act or transaction that violates the provisions of this
section.
4. Except as otherwise provided in
subsection 5, a person who violates the provisions of this section is guilty of
a category C felony and shall be punished as provided in NRS 193.130.
5. A person who violates the provisions of
this section is guilty of a category B felony and shall be punished by
imprisonment in the state prison for a minimum term of not less than 3 years
and a maximum term of not more than 15 years, and may be further punished by a
fine of not more than $100,000, if the substance or drug involved:
(a) Is classified in schedule I; or
(b) Proximately causes substantial bodily harm to
or the death of the intended recipient of the substance or drug or any other
person.
6. The court shall not grant probation to
or suspend the sentence of a person punished pursuant to subsection 5.
7. A person may be prosecuted, convicted
and punished for a violation of this section whether or not the person is
prosecuted, convicted or punished for a violation of any other statute based
upon the same act or transaction.
(Added to NRS by 2001, 1053)
NRS 453.3639 Unlawful acts relating to filling or refilling prescription via
Internet; exception; aiding unlawful act prohibited; penalties; penalty not
exclusive.
1. Except as otherwise provided in
subsection 3, a person who is located within or outside this State shall not,
via the Internet, fill or refill a prescription drug if:
(a) The person has reasonable cause to believe
that the prescription is being filled or refilled for a person in this State;
and
(b) The prescription drug has not been lawfully
imported into the United States.
2. Except as otherwise provided in
subsection 3, a person who is located within or outside this State shall not,
via the Internet, fill or refill a prescription drug if:
(a) The person has reasonable cause to believe
that the prescription is being filled or refilled for a person in this State;
and
(b) The prescription was not delivered to the
person in accordance with all applicable state and federal laws, regulations
and standards.
3. The provisions of this section do not
prohibit a Canadian pharmacy which is licensed by the Board and which has been
recommended by the Board pursuant to subsection 4 of NRS 639.2328 for inclusion on the
Internet website established and maintained pursuant to paragraph (i) of
subsection 1 of NRS 223.560 from
providing prescription drugs through mail order service to residents of Nevada
in the manner set forth in NRS 639.2328
to 639.23286, inclusive.
4. A person shall not knowingly aid another
person in any act or transaction that violates any provision of this section.
5. Except as otherwise provided in
subsection 6, a person who violates any provision of this section is guilty of
a category C felony and shall be punished as provided in NRS 193.130.
6. A person who violates any provision of
this section is guilty of a category B felony and shall be punished by
imprisonment in the state prison for a minimum term of not less than 3 years
and a maximum term of not more than 15 years, and may be further punished by a
fine of not more than $100,000, if the substance or drug involved:
(a) Is classified in schedule I; or
(b) Proximately causes substantial bodily harm to
or the death of the intended recipient of the substance or drug or any other
person.
7. The court shall not grant probation to
or suspend the sentence of a person punished pursuant to subsection 6.
8. A person may be prosecuted, convicted
and punished for a violation of this section whether or not the person is
prosecuted, convicted or punished for violating any other specific statute
based upon the same act or transaction.
(Added to NRS by 2003, 550; A 2005,
22nd Special Session, 157; 2011, 591)
NRS 453.3643 Unlawful acts relating to issuance of prescription;
circumstances under which practitioner or person licensed by another
jurisdiction is prohibited from prescribing prescription drug; aiding unlawful
act prohibited; penalties; multiple punishments authorized.
1. A practitioner who is located within
this State shall not prescribe a prescription drug for another person located
within or outside this State if:
(a) The practitioner has not physically examined
the other person within the 6 months immediately preceding the date on which
the prescription is issued; and
(b) The practitioner knows or has reasonable
cause to believe that an illegal Internet pharmacy will fill the prescription
or otherwise use the prescription to deliver or cause, allow or aid in the
delivery of the prescription drug to the other person.
2. A practitioner who is located outside
this State and who knows or has reasonable cause to believe that another person
is located within this State shall not prescribe a prescription drug for the
other person if:
(a) The practitioner has not physically examined
the other person within the 6 months immediately preceding the date on which
the prescription is issued; and
(b) The practitioner knows or has reasonable
cause to believe that an illegal Internet pharmacy will fill the prescription
or otherwise use the prescription to deliver or cause, allow or aid in the
delivery of the prescription drug to the other person.
3. A person who is located outside this
State, who is licensed by another jurisdiction to prescribe prescription drugs
and who knows or has reasonable cause to believe that another person is located
within this State shall not prescribe a prescription drug for the other person
if:
(a) The person has not physically examined the
other person within the 6 months immediately preceding the date on which the
prescription is issued; and
(b) The person knows or has reasonable cause to
believe that an illegal Internet pharmacy will fill the prescription or
otherwise use the prescription to deliver or cause, allow or aid in the
delivery of the prescription drug to the other person.
4. A person shall not knowingly aid
another person in any act or transaction that violates the provisions of this
section.
5. Except as otherwise provided in
subsection 6, a practitioner or any other person who violates the provisions of
this section is guilty of a category C felony and shall be punished as provided
in NRS 193.130.
6. A practitioner or any other person who
violates the provisions of this section is guilty of a category B felony and
shall be punished by imprisonment in the state prison for a minimum term of not
less than 3 years and a maximum term of not more than 15 years, and may be
further punished by a fine of not more than $100,000, if the substance or drug
involved:
(a) Is classified in schedule I; or
(b) Proximately causes substantial bodily harm to
or the death of the intended recipient of the substance or drug or any other
person.
7. The court shall not grant probation to
or suspend the sentence of a practitioner or any other person punished pursuant
to subsection 6.
8. A practitioner or any other person may
be prosecuted, convicted and punished for a violation of this section whether
or not the practitioner or person is prosecuted, convicted or punished for
violating any other specific statute based upon the same act or transaction.
(Added to NRS by 2001, 1054)
NRS 453.3648 Concurrent jurisdiction of Attorney General and district
attorneys to prosecute violations.
1. The Attorney General has concurrent
jurisdiction with the district attorneys of this State for the enforcement of
the provisions of NRS 453.3611 to 453.3648, inclusive.
2. The Attorney General may investigate
and prosecute a practitioner or any other person who violates the provisions
of:
(a) NRS 453.3611 to 453.3648, inclusive; and
(b) Any other statute if the violation is
committed by the practitioner or person in the course of committing a violation
described in paragraph (a).
3. When acting pursuant to this section,
the Attorney General may commence an investigation and file a criminal action
without leave of court, and the Attorney General has exclusive charge of the
conduct of the prosecution.
(Added to NRS by 2001, 1055; A 2003, 558)
FURTHER REGULATION AND PROHIBITIONS
NRS 453.371 Definitions. As
used in NRS 453.371 to 453.552,
inclusive:
1. “Medical intern” means a medical
graduate acting as an assistant in a hospital for the purpose of clinical
training.
2. “Pharmacist” means a person who holds a
certificate of registration issued pursuant to NRS 639.127 and is registered with the
Board.
3. “Physician,” “dentist,” “podiatric
physician,” “veterinarian” and “euthanasia technician” mean persons authorized
by a license to practice their respective professions in this State who are
registered with the Board.
4. “Physician assistant” means a person
who is registered with the Board and:
(a) Holds a license issued pursuant to NRS 630.273; or
(b) Holds a license issued pursuant to NRS 633.433.
(Added to NRS by 1971, 2022; A 1973, 584; 1977, 964; 1979, 1668; 1981, 743; 1985, 295; 1989, 539; 1993, 2235; 1995, 1720; 2001, 411, 786, 798; 2007, 1865; 2013, 2085)
NRS 453.375 Authority to possess and administer controlled substances. A controlled substance may be possessed and
administered by the following persons:
1. A practitioner.
2. A registered nurse licensed to practice
professional nursing or licensed practical nurse, at the direction of a physician,
physician assistant, dentist, podiatric physician or advanced practice
registered nurse, or pursuant to a chart order, for administration to a patient
at another location.
3. A paramedic:
(a) As authorized by regulation of:
(1) The State Board of Health in a county
whose population is less than 100,000; or
(2) A county or district board of health
in a county whose population is 100,000 or more; and
(b) In accordance with any applicable regulations
of:
(1) The State Board of Health in a county whose
population is less than 100,000;
(2) A county board of health in a county
whose population is 100,000 or more; or
(3) A district board of health created
pursuant to NRS 439.362 or 439.370 in any county.
4. A respiratory therapist, at the
direction of a physician or physician assistant.
5. A medical student, student in training
to become a physician assistant or student nurse in the course of his or her
studies at an approved college of medicine or school of professional or
practical nursing, at the direction of a physician or physician assistant and:
(a) In the presence of a physician, physician
assistant or a registered nurse; or
(b) Under the supervision of a physician,
physician assistant or a registered nurse if the student is authorized by the
college or school to administer the substance outside the presence of a
physician, physician assistant or nurse.
Ê A medical
student or student nurse may administer a controlled substance in the presence
or under the supervision of a registered nurse alone only if the circumstances
are such that the registered nurse would be authorized to administer it
personally.
6. An ultimate user or any person whom the
ultimate user designates pursuant to a written agreement.
7. Any person designated by the head of a
correctional institution.
8. A veterinary technician at the
direction of his or her supervising veterinarian.
9. In accordance with applicable
regulations of the State Board of Health, an employee of a residential facility
for groups, as defined in NRS 449.017,
pursuant to a written agreement entered into by the ultimate user.
10. In accordance with applicable
regulations of the State Board of Pharmacy, an animal control officer, a
wildlife biologist or an employee designated by a federal, state or local
governmental agency whose duties include the control of domestic, wild and
predatory animals.
11. A person who is enrolled in a training
program to become a paramedic, respiratory therapist or veterinary technician
if the person possesses and administers the controlled substance in the same
manner and under the same conditions that apply, respectively, to a paramedic,
respiratory therapist or veterinary technician who may possess and administer
the controlled substance, and under the direct supervision of a person licensed
or registered to perform the respective medical art or a supervisor of such a
person.
(Added to NRS by 1979, 1672; A 1981, 59, 743; 1983, 1219, 1513; 1987, 1654, 2214; 1991, 1662, 1954; 1993, 571, 1215, 2838; 1995, 725, 1689, 1720; 1997, 545; 1999, 2719; 2001, 786; 2003, 2294; 2005, 2475; 2013, 948, 2085)
NRS 453.377 Authority to dispense controlled substances. A controlled substance may be dispensed by:
1. A registered pharmacist upon a legal
prescription from a practitioner or to a pharmacy in a correctional institution
upon the written order of the prescribing practitioner in charge.
2. A pharmacy in a correctional institution,
in case of emergency, upon a written order signed by the chief medical officer.
3. A practitioner.
4. A registered nurse, when the state,
county, city or district health officer has declared a state of emergency.
5. A medical intern in the course of his
or her internship.
6. A pharmacy in an institution of the
Department of Corrections to a person designated by the Director of the
Department of Corrections to administer a lethal injection to a person who has
been sentenced to death.
7. A registered pharmacist from an
institutional pharmacy, pursuant to regulations adopted by the Board.
(Added to NRS by 1979, 1673; A 1981, 744; 1983, 1514; 1987, 1655, 2239; 1991, 794; 1995, 1721; 2001, 411; 2001
Special Session, 242, 250)
NRS 453.381 Limitations on prescribing, possessing, administering,
transporting and dispensing controlled substances.
1. In addition to the limitations imposed
by NRS 453.256 and 453.3611
to 453.3648, inclusive, a physician, physician
assistant, dentist, advanced practice registered nurse or podiatric physician
may prescribe or administer controlled substances only for a legitimate medical
purpose and in the usual course of his or her professional practice, and he or
she shall not prescribe, administer or dispense a controlled substance listed
in schedule II for himself or herself, his or her spouse or his or her children
except in cases of emergency.
2. A veterinarian, in the course of his or
her professional practice only, and not for use by a human being, may
prescribe, possess and administer controlled substances, and the veterinarian
may cause them to be administered by a veterinary technician under the
direction and supervision of the veterinarian.
3. A euthanasia technician, within the
scope of his or her license, and not for use by a human being, may possess and
administer sodium pentobarbital.
4. A pharmacist shall not fill an order
which purports to be a prescription if the pharmacist has reason to believe
that it was not issued in the usual course of the professional practice of a
physician, physician assistant, dentist, advanced practice registered nurse,
podiatric physician or veterinarian.
5. Any person who has obtained from a
physician, physician assistant, dentist, advanced practice registered nurse,
podiatric physician or veterinarian any controlled substance for administration
to a patient during the absence of the physician, physician assistant, dentist,
advanced practice registered nurse, podiatric physician or veterinarian shall
return to him or her any unused portion of the substance when it is no longer
required by the patient.
6. A manufacturer, wholesale supplier or
other person legally able to furnish or sell any controlled substance listed in
schedule II shall not provide samples of such a controlled substance to
registrants.
7. A salesperson of any manufacturer or
wholesaler of pharmaceuticals shall not possess, transport or furnish any
controlled substance listed in schedule II.
8. A person shall not dispense a
controlled substance in violation of a regulation adopted by the Board.
(Added to NRS by 1971, 2022; A 1973, 1406; 1975, 989;
1977, 670; 1979, 1668; 1981, 562, 745, 1964; 1987, 806; 1989, 539; 1991, 1164, 1663; 1993, 2235; 1995, 1690, 1722; 1997, 546; 2001, 412, 787, 1062, 1069; 2003, 559; 2013, 2086)
NRS 453.385 Adoption of regulations governing prescriptions for controlled
substances; compliance with federal law.
1. Each prescription for a controlled
substance must comply with the regulations of the Board adopted pursuant to
subsection 2.
2. The Board shall, by regulation, adopt
requirements for:
(a) The form and content of a prescription for a
controlled substance. The requirements may vary depending upon the schedule of
the controlled substance.
(b) Transmitting a prescription for a controlled
substance to a pharmacy. The requirements may vary depending upon the schedule
of the controlled substance.
(c) The form and contents of an order for a
controlled substance given for a patient in a medical facility and the
requirements for keeping records of such orders.
3. Except as otherwise provided in this
subsection, the regulations adopted pursuant to subsection 2 must:
(a) Ensure compliance with, but may be more stringent
than required by, applicable federal law governing controlled substances and
the rules, regulations and orders of any federal agency administering such law.
The regulations adopted pursuant to paragraph (b) of subsection 2 for the
electronic transmission or transmission by a facsimile machine of a
prescription for a controlled substance must not be more stringent than federal
law governing the electronic transmission or transmission by a facsimile
machine of a prescription for a controlled substance or the rules, regulations
or orders of any federal agency administering such law; and
(b) Be consistent with the provisions of NRS 439.581 to 439.595, inclusive, and the regulations
adopted pursuant thereto.
(Added to NRS by 1979, 1673; A 1981, 745, 1965; 1983, 1514; 1987, 1656; 1991, 1955; 1993, 635; 1995, 300; 1997, 691; 1999, 246; 2001, 837, 1629; 2011, 1760)
NRS 453.391 Unlawful taking or obtaining of controlled substance or
prescription. A person shall not:
1. Unlawfully take, obtain or attempt to
take or obtain a controlled substance or a prescription for a controlled
substance from a manufacturer, wholesaler, pharmacist, physician, physician
assistant, dentist, advanced practice registered nurse, veterinarian or any
other person authorized to administer, dispense or possess controlled
substances.
2. While undergoing treatment and being
supplied with any controlled substance or a prescription for any controlled
substance from one practitioner, knowingly obtain any controlled substance or a
prescription for a controlled substance from another practitioner without
disclosing this fact to the second practitioner.
(Added to NRS by 1971, 2023; A 1973, 1217; 1981, 1965; 1985, 336; 1993, 636; 1995, 1722; 2001, 412, 788, 799; 2013, 2087)
NRS 453.401 Penalties for conspiracy.
1. Except as otherwise provided in
subsections 3 and 4, if two or more persons conspire to commit an offense which
is a felony under the Uniform Controlled Substances Act or conspire to defraud
the State of Nevada or an agency of the State in connection with its
enforcement of the Uniform Controlled Substances Act, and one of the
conspirators does an act in furtherance of the conspiracy, each conspirator:
(a) For a first offense, is guilty of a category
C felony and shall be punished as provided in NRS 193.130.
(b) For a second offense, or if, in the case of a
first conviction of violating this subsection, the conspirator has previously
been convicted of a felony under the Uniform Controlled Substances Act or of an
offense under the laws of the United States or of any state, territory or
district which if committed in this State, would amount to a felony under the
Uniform Controlled Substances Act, is guilty of a category B felony and shall
be punished by imprisonment in the state prison for a minimum term of not less
than 2 years and a maximum term of not more than 10 years, and may be further
punished by a fine of not more than $10,000.
(c) For a third or subsequent offense, or if the
conspirator has previously been convicted two or more times of a felony under the
Uniform Controlled Substances Act or of an offense under the laws of the United
States or any state, territory or district which, if committed in this State,
would amount to a felony under the Uniform Controlled Substances Act, is guilty
of a category B felony and shall be punished by imprisonment in the state
prison for a minimum term of not less than 3 years and a maximum term of not
more than 15 years, and may be further punished by a fine of not more than
$20,000 for each offense.
2. Except as otherwise provided in
subsection 3, if two or more persons conspire to commit an offense in violation
of the Uniform Controlled Substances Act and the offense does not constitute a
felony, and one of the conspirators does an act in furtherance of the conspiracy,
each conspirator shall be punished by imprisonment, or by imprisonment and
fine, for not more than the maximum punishment provided for the offense which
they conspired to commit.
3. If two or more persons conspire to
possess more than 1 ounce of marijuana unlawfully, except for the purpose of
sale, and one of the conspirators does an act in furtherance of the conspiracy,
each conspirator is guilty of a gross misdemeanor.
4. If the conspiracy subjects the
conspirators to criminal liability under NRS
207.400, the persons so conspiring shall be punished in the manner provided
in NRS 207.400.
5. The court shall not grant probation to
or suspend the sentence of a person convicted of violating this section and
punishable pursuant to paragraph (b) or (c) of subsection 1.
(Added to NRS by 1971, 2023; A 1973, 1217; 1977, 153, 1415; 1983, 1502; 1995, 1289; 2001, 3069)
NRS 453.411 Unlawful use of controlled substance; penalties.
1. It is unlawful for a person knowingly
to use or be under the influence of a controlled substance except in accordance
with a lawfully issued prescription.
2. It is unlawful for a person knowingly
to use or be under the influence of a controlled substance except when
administered to the person at a rehabilitation clinic established or licensed
by the Division of Public and Behavioral Health of the Department, or a
hospital certified by the Department.
3. Unless a greater penalty is provided in
NRS 212.160, a person who violates this
section shall be punished:
(a) If the controlled substance is listed in
schedule I, II, III or IV, for a category E felony as provided in NRS 193.130.
(b) If the controlled substance is listed in
schedule V, for a gross misdemeanor by imprisonment in the county jail for not
more than 364 days, and may be further punished by a fine of not more than
$1,000.
(Added to NRS by 1971, 2023; A 1973, 1406; 1979, 1475; 1981, 745; 1993, 2236; 1995, 1290, 1723; 1997, 546; 2013, 987)
NRS 453.421 Penalty for violation of NRS 453.371 to 453.391,
inclusive. A person who violates
any provision of NRS 453.371 to 453.391, inclusive, is guilty of a category C felony
and shall be punished as provided in NRS
193.130.
(Added to NRS by 1971, 2023; A 1977, 1416; 1979, 1475; 1995, 1291)
NRS 453.431 Unlawful acts relating to filling and refilling prescriptions
and obtaining controlled substance or prescription; authorization to request
proper identification from person requesting controlled substance.
1. A pharmacist shall not knowingly fill
or refill any prescription for a controlled substance for use by a person other
than the person for whom the prescription was originally issued.
2. A person shall not furnish a false name
or address while attempting to obtain a controlled substance or a prescription
for a controlled substance. A person prescribing, administering or dispensing a
controlled substance may request proper identification from a person requesting
controlled substances.
3. A pharmacist shall not fill a
prescription for a controlled substance if the prescription shows evidence of
alteration, erasure or addition, unless the pharmacist obtains approval of the
practitioner who issued the prescription.
4. A pharmacist shall not fill a
prescription for a controlled substance classified in schedule II unless it is
tendered on or before the 14th day after the date of issue. This subsection
does not prohibit a practitioner from issuing a prescription on which the
practitioner indicates that the prescription may not be filled until the date
indicated on the prescription, which must not be later than 6 months after the
date the prescription is issued.
5. A person who violates this section is
guilty of a category C felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 1971, 2023; A 1981, 1965; 1995, 1291; 2003, 2295)
NRS 453.505 Controlled substance for which prescription is not required:
Violation of regulation by pharmacist; misrepresentation to pharmacist to
obtain controlled substance; penalties.
1. Any pharmacist who violates any
regulation of the Board regulating the dispensing of a controlled substance for
which a prescription is not required is guilty of a gross misdemeanor.
2. Any person who knowingly or
intentionally makes a false representation to a pharmacist for the purpose of
obtaining a controlled substance for which a prescription is not required is
guilty of a gross misdemeanor.
(Added to NRS by 1985, 886)
NRS 453.521 Unlawful possession or sale of nasal inhaler; exception. It is unlawful for any person within this
State to possess, sell, offer to sell or hold for the purpose of sale or resale
any nasal inhaler which contains any controlled substance capable of causing
stimulation to the central nervous system unless:
1. The product contains a denaturant in
sufficient quantity to render it unfit for internal use; and
2. The product is among such products
listed as approved by the Board in the regulations officially adopted by the
Board.
(Added to NRS by 1971, 2025; A 1973, 1217)
NRS 453.541 Sacramental use of peyote permitted. The
criminal sanction provided in NRS 453.011 to 453.552, inclusive, does not apply to that plant of
the genus Lophophora commonly known as peyote when such drug is used as
the sacrament in religious rites of any bona fide religious organization.
(Added to NRS by 1971, 2025; A 1973, 1217; 2001, 1062; 2003, 559)
NRS 453.551 Immunity for acts in performance of official duties. All agents or inspectors of the Board or
Division, peace officers, and the Attorney General, district attorneys and
their deputies while investigating violations of the provisions of NRS 453.011 to 453.552,
inclusive, in performance of their official duties, and any person working
under their immediate direction, supervision or instruction are immune from
prosecution under the provisions of such sections for acts which would
otherwise be unlawful under such provisions but which are reasonably necessary
in the performance of their official duties.
(Added to NRS by 1971, 2025; A 1973, 1217; 2001, 1062; 2003, 559)
NRS 453.552 Criminal penalties additional to civil penalties or sanctions.
1. Any penalty imposed for violation of NRS 453.011 to 453.551,
inclusive, is in addition to, and not in lieu of, any civil or administrative
penalty or sanction otherwise authorized by law.
2. Any violation of the provisions of NRS 453.011 to 453.551,
inclusive, where no other penalty is specifically provided, is a misdemeanor.
(Added to NRS by 1971, 2022; A 1973, 583; 2001, 1063; 2003, 560)
CIVIL PENALTIES
NRS 453.553 Action to recover civil penalty: Persons liable for civil
penalty; action to be brought by Attorney General or district attorney;
definitions.
1. In addition to any criminal penalty
imposed for a violation of the provisions of NRS 453.011
to 453.552, inclusive, any person who violates NRS 453.324, 453.354, 453.355 or 453.357,
unlawfully sells, manufactures, delivers or brings into this State, possesses
for sale or participates in any way in a sale of a controlled substance listed
in schedule I, II or III or who engages in any act or transaction in violation
of the provisions of NRS 453.3611 to 453.3648, inclusive, is subject to a civil penalty
for each violation. This penalty must be recovered in a civil action, brought
in the name of the State of Nevada by the Attorney General or by any district
attorney in a court of competent jurisdiction.
2. As used in NRS
453.553 to 453.5533, inclusive:
(a) “Each violation” includes a continuous or
repetitive violation arising out of the same act.
(b) “Sell” includes exchange, barter,
solicitation or receipt of an order, transfer to another for sale or resale and
any other transfer for any consideration or a promise obtained directly or
indirectly.
(c) “Substitute” means a substance which:
(1) Was manufactured by a person who at
the time was not currently registered with the Secretary of Health and Human
Services; and
(2) Is an imitation of or intended for use
as a substitute for a substance listed in schedule I, II or III.
(Added to NRS by 1985, 2042; A 1999, 2640; 2001, 1063; 2003, 560; 2007, 777, 3127)
NRS 453.5531 Action to recover civil penalty: Amount of money recoverable as
civil penalty.
1. The State of Nevada is entitled, in a
civil action brought pursuant to NRS 453.553
involving marijuana, to a civil penalty in an amount:
(a) Not to exceed $350,000, if the quantity
involved is 100 pounds or more, but less than 2,000 pounds.
(b) Not to exceed $700,000, if the quantity
involved is 2,000 pounds or more, but less than 10,000 pounds.
(c) Not to exceed $1,000,000, if the quantity
involved is 10,000 pounds or more.
2. The State of Nevada is entitled, in a
civil action brought pursuant to NRS 453.553
involving a controlled substance, except marijuana, which is listed in schedule
I or a substitute therefor, to a civil penalty in an amount:
(a) Not to exceed $350,000, if the quantity
involved is 4 grams or more, but less than 14 grams.
(b) Not to exceed $700,000, if the quantity
involved is 14 grams or more, but less than 28 grams.
(c) Not to exceed $1,000,000, if the quantity
involved is 28 grams or more.
3. The State of Nevada is entitled, in a
civil action brought pursuant to NRS 453.553
involving a controlled substance which is listed in schedule II or III or a
substitute therefor, to a civil penalty in an amount:
(a) Not to exceed $350,000, if the quantity
involved is 28 grams or more, but less than 200 grams.
(b) Not to exceed $700,000, if the quantity involved
is 200 grams or more, but less than 400 grams.
(c) Not to exceed $1,000,000, if the quantity
involved is 400 grams or more.
4. Unless a greater civil penalty is
authorized by another provision of this section, the State of Nevada is
entitled, in a civil action brought pursuant to NRS
453.553 involving any act or transaction in violation of the provisions of NRS 453.3611 to 453.3648,
inclusive, to a civil penalty in an amount not to exceed $350,000.
5. The State of Nevada is entitled, in a
civil action brought pursuant to NRS 453.553
involving any act or transaction in violation of the provisions of NRS 453.324, 453.354, 453.355 or 453.357, to a
civil penalty in an amount not to exceed $250,000 for each violation.
(Added to NRS by 1985, 2042; A 2001, 1063; 2003, 560; 2007, 777, 3127)
NRS 453.5532 Money collected as civil penalty: Limitations on use.
1. Any money collected as a civil penalty
pursuant to NRS 453.5531 must be used to pay the
actual cost of prosecution, court costs and costs incurred for the disposal of
any hazardous waste pursuant to NRS 459.400
to 459.600, inclusive, in connection
with the violation for which the penalty was imposed. Any amount remaining from
the penalty must be deposited with the State Treasurer for credit to the State
General Fund.
2. The money deposited in the State
General Fund pursuant to subsection 1 must be accounted for separately.
One-half of the money must be used only for the enforcement of chapter
453 of NRS and the other half must be used for rehabilitation of persons
who are addicted to controlled substances.
(Added to NRS by 1985, 2043; A 1987, 546)
NRS 453.5533 Limitation on action to recover civil penalty; effect of
criminal proceeding on civil action.
1. A civil action brought pursuant to NRS 453.553 must be brought within 3 years after the
conduct in violation of the provisions of NRS 453.011
to 453.552, inclusive, occurs.
2. Such a civil action is not barred by a
prior acquittal of the defendant in a criminal action arising out of the same
act, transaction or occurrence. A final judgment or decree rendered in favor of
the State in any criminal proceeding arising out of the same act, transaction
or occurrence estops the defendant in a subsequent civil action from denying
the essential allegations of the criminal offense.
(Added to NRS by 1985, 2043; A 2001, 1064; 2003, 561; 2007, 778, 3128)
DRUG PARAPHERNALIA
NRS 453.554 “Drug paraphernalia” defined.
1. Except as otherwise provided in
subsection 2, as used in NRS 453.554 to 453.566, inclusive, unless the context otherwise
requires, “drug paraphernalia” means all equipment, products and materials of
any kind which are used, intended for use, or designed for use in planting,
propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, ingesting, inhaling or otherwise introducing
into the human body a controlled substance in violation of this chapter. The
term includes, but is not limited to:
(a) Kits used, intended for use, or designed for
use in planting, propagating, cultivating, growing or harvesting of any species
of plant which is a controlled substance or from which a controlled substance
can be derived;
(b) Kits used, intended for use, or designed for
use in manufacturing, compounding, converting, producing or preparing
controlled substances;
(c) Isomerization devices used, intended for use,
or designed for use in increasing the potency of any species of plant which is
a controlled substance;
(d) Testing equipment used, intended for use, or
designed for use in identifying, or in analyzing the strength, effectiveness or
purity of controlled substances;
(e) Scales and balances used, intended for use,
or designed for use in weighing or measuring controlled substances;
(f) Diluents and adulterants, such as quinine
hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use,
or designed for use in cutting controlled substances;
(g) Separation gins and sifters used, intended
for use, or designed for use in removing twigs and seeds from, or in otherwise
cleaning or refining marijuana;
(h) Blenders, bowls, containers, spoons and
mixing devices used, intended for use, or designed for use in compounding
controlled substances;
(i) Capsules, balloons, envelopes and other
containers used, intended for use, or designed for use in packaging small
quantities of controlled substances;
(j) Containers and other objects used, intended
for use, or designed for use in storing or concealing controlled substances;
and
(k) Objects used, intended for use, or designed
for use in ingesting, inhaling or otherwise introducing marijuana, cocaine,
hashish or hashish oil into the human body, such as:
(1) Metal, wooden, acrylic, glass, stone,
plastic or ceramic pipes with or without screens, permanent screens, hashish
heads or punctured metal bowls;
(2) Water pipes;
(3) Smoking masks;
(4) Roach clips, which are objects used to
hold burning material, such as a marijuana cigarette, that has become too small
or too short to be held in the hand;
(5) Cocaine spoons and cocaine vials;
(6) Carburetor pipes and carburetion tubes
and devices;
(7) Chamber pipes;
(8) Electric pipes;
(9) Air-driven pipes;
(10) Chillums;
(11) Bongs; and
(12) Ice pipes or chillers.
2. The term does not include any type of
hypodermic syringe, needle, instrument, device or implement intended or capable
of being adapted for the purpose of administering drugs by subcutaneous,
intramuscular or intravenous injection.
(Added to NRS by 1981, 405; A 2013, 3174)
NRS 453.556 Factors for identifying object as item of drug paraphernalia. In determining whether an object is an item of
drug paraphernalia, a court or other authority, as the case may be, shall
consider, in addition to all other logically relevant factors, the following:
1. Statements by an owner or by anyone in
control of the object concerning its use;
2. Prior convictions, if any, of an owner,
or of anyone in control of the object, under any state or federal law relating
to any controlled substance;
3. The proximity of the object, in time
and space, to a direct violation of this chapter;
4. The proximity of the object to
controlled substances;
5. The existence of any residue of
controlled substances on the object;
6. Direct or circumstantial evidence of
the intent of any owner, or of anyone in control of the object, to deliver it
to persons whom he or she knows, or should reasonably know, intend to use the
object to facilitate a violation of this chapter;
7. Instructions, oral or written, provided
with the object concerning its use;
8. Descriptive materials accompanying the
object which explain or depict its use;
9. National and local advertising
concerning its use;
10. The manner in which the object is displayed
for sale;
11. Direct or circumstantial evidence of
the ratio of sales of the object to the total sales of the business enterprise;
and
12. Expert testimony concerning its use.
Ê The
innocence of an owner or of anyone in control of the object as to a direct
violation of this chapter does not prevent a finding that the object is
intended for use or designed for use as an item of drug paraphernalia.
(Added to NRS by 1981, 407)
NRS 453.558 Injunctions. The
district attorney or city attorney of any county or city, respectively, in
which there is drug paraphernalia, may file a complaint in the district court
seeking to enjoin the possessor and owner of the drug paraphernalia from
delivering or selling, or possessing with intent to deliver or sell, any drug
paraphernalia.
(Added to NRS by 1981, 408)
NRS 453.560 Unlawful delivery, sale, possession or manufacture. Unless a greater penalty is provided in NRS 212.160, a person who delivers or
sells, possesses with the intent to deliver or sell, or manufactures with the
intent to deliver or sell any drug paraphernalia, knowing, or under
circumstances where one reasonably should know, that it will be used to plant,
propagate, cultivate, grow, harvest, manufacture, compound, convert, produce,
prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale
or otherwise introduce into the human body a controlled substance in violation
of this chapter is guilty of a category E felony and shall be punished as
provided in NRS 193.130.
(Added to NRS by 1981, 407; A 1995, 1291; 2013, 3175)
NRS 453.562 Unlawful delivery to minor. A
person 18 years of age or older who violates NRS
453.560 by delivering drug paraphernalia to a person under 18 years of age
who is at least 3 years his or her junior is guilty of a category C felony and
shall be punished as provided in NRS
193.130. In addition to any other penalty, the court may order the
convicted person to pay restitution for any reasonable costs incurred for the
participation of the person to whom he or she delivered the paraphernalia in a
program for the treatment of the abuse of controlled substances. If the court
orders the convicted person to make such restitution, the court shall notify
the parent, guardian or other person legally responsible for the person to whom
the paraphernalia was delivered that such restitution has been ordered.
(Added to NRS by 1981, 407; A 1995, 1292; 1999, 749)
NRS 453.564 Unlawful advertising. Any
person who places in any printed publication any advertisement, knowing, or
under circumstances where one reasonably should know, that the purpose of the
advertisement, in whole or in part, is to promote the sale of objects designed
or intended for use as drug paraphernalia is guilty of a misdemeanor.
(Added to NRS by 1981, 408)
NRS 453.566 Unlawful use or possession. Any
person who uses, or possesses with intent to use, drug paraphernalia to plant,
propagate, cultivate, grow, harvest, manufacture, compound, convert, produce,
prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale
or otherwise introduce into the human body a controlled substance in violation
of this chapter is guilty of a misdemeanor.
(Added to NRS by 1981, 407; A 2013, 3176)
MISCELLANEOUS PROVISIONS
NRS 453.568 Report of loss or theft of controlled substance. All loss or theft of controlled substances
must be reported on forms provided by the Division to the Board and Division
within 10 days after the date of discovery of the theft or loss.
(Added to NRS by 1981, 1957)
NRS 453.570 Amount of controlled substance needed to sustain conviction for
prohibited offense. The amount of
a controlled substance needed to sustain a conviction of a person for an
offense prohibited by the provisions of NRS 453.011
to 453.552, inclusive, is that amount necessary for
identification as a controlled substance by a witness qualified to make such
identification.
(Added to NRS by 1971, 359; A 1973, 1218; 2001, 1064; 2003, 561)
NRS 453.575 Fee for analysis of controlled substance or other substance or
drug: Inclusion in sentence of offender; distribution and use of proceeds.
1. If a defendant pleads guilty or guilty
but mentally ill to, or is found guilty or guilty but mentally ill of, any
violation of this chapter and an analysis of a controlled substance or other
substance or drug was performed in relation to the defendant’s case, the court
shall include in the sentence an order that the defendant pay the sum of $60 as
a fee for the analysis of the controlled substance or other substance or drug.
2. Except as otherwise provided in this
subsection, any money collected for such an analysis must not be deducted from,
and is in addition to, any fine otherwise imposed by the court and must be:
(a) Collected from the defendant before or at the
same time that the fine is collected.
(b) Stated separately in the judgment of the
court or on the court’s docket.
3. The money collected pursuant to
subsection 1 in any district, municipal or justice court must be paid by the
clerk of the court to the county or city treasurer, as appropriate, on or
before the fifth day of each month for the preceding month.
4. The board of county commissioners of
each county shall by ordinance create in the county treasury a fund to be
designated as the fund for forensic services. The governing body of each city
shall create in the city treasury a fund to be designated as the fund for
forensic services. Upon receipt, the county or city treasurer, as appropriate,
shall deposit any fee for the analyses of controlled substances or other substances
or drugs in the fund. The money from such deposits must be accounted for
separately within the fund.
5. Except as otherwise provided in
subsection 6, each month the treasurer shall, from the money credited to the
fund pursuant to subsection 3, pay any amount owed for forensic services and
deposit any remaining money in the county or city general fund, as appropriate.
6. In counties which do not receive
forensic services under a contract with the State, the money deposited in the
fund for forensic services pursuant to subsection 4 must be expended, except as
otherwise provided in this subsection:
(a) To pay for the analyses of controlled
substances or other substances or drugs performed in connection with criminal
investigations within the county;
(b) To purchase and maintain equipment to conduct
these analyses; and
(c) For the training and continuing education of
the employees who conduct these analyses.
Ê Money from
the fund must not be expended to cover the costs of analyses conducted by,
equipment used by or training for employees of an analytical laboratory not
registered with the Drug Enforcement Administration of the United States
Department of Justice.
(Added to NRS by 1987, 1397; A 1989, 1479; 1991, 272; 1993, 2464; 1995, 2469; 2001, 1064; 2003, 1488; 2007, 1447)
NRS 453.580 Program for treatment of certain offenders: Powers and duties of
court; contents; payment of costs.
1. A court may establish an appropriate
treatment program to which it may assign a person pursuant to subsection 4 of NRS 453.336, NRS 453.3363
or 458.300, or it may assign such a
person to an appropriate facility for the treatment of abuse of alcohol or
drugs which is certified by the Division of Public and Behavioral Health of the
Department. The assignment must include the terms and conditions for successful
completion of the program and provide for progress reports at intervals set by
the court to ensure that the person is making satisfactory progress toward
completion of the program.
2. A program to which a court assigns a
person pursuant to subsection 1 must include:
(a) Information and encouragement for the
participant to cease abusing alcohol or using controlled substances through
educational, counseling and support sessions developed with the cooperation of
various community, health, substance abuse, religious, social service and youth
organizations;
(b) The opportunity for the participant to
understand the medical, psychological and social implications of substance
abuse; and
(c) Alternate courses within the program based on
the different substances abused and the addictions of participants.
3. If the offense with which the person
was charged involved the use or possession of a controlled substance, in
addition to the program or as a part of the program, the court must also
require frequent urinalysis to determine that the person is not using a
controlled substance. The court shall specify how frequent such examinations
must be and how many must be successfully completed, independently of other
requisites for successful completion of the program.
4. Before the court assigns a person to a
program pursuant to this section, the person must agree to pay the cost of the
program to which the person is assigned and the cost of any additional
supervision required pursuant to subsection 3, to the extent of the financial
resources of the person. If the person does not have the financial resources to
pay all of the related costs, the court shall, to the extent practicable,
arrange for the person to be assigned to a program at a facility that receives
a sufficient amount of federal or state funding to offset the remainder of the
costs.
(Added to NRS by 1993, 1233; A 1995, 557; 1999, 1872; 2001, 418, 3070; 2013, 3062)
TREATMENT AND REHABILITATION OF ADDICTS
NRS 453.600 Declaration of legislative purpose. It
is the purpose of NRS 453.600 to 453.730, inclusive, to protect and promote the health,
welfare and safety of the people of this State by combating the effects of the
disease of narcotic addiction and by assisting the rehabilitation of certain
narcotic addicts through a comprehensive program of treatment, research and
investigation.
(Added to NRS by 1971, 650)
NRS 453.660 Experimental and clinical programs; personnel; regulations. The Division of Public and Behavioral Health
of the Department shall:
1. Within the limits of available funds,
including, but not limited to, legislative appropriation, develop and implement
experimental and investigational pilot clinic programs for the treatment of
narcotic addicts through the administration, under medical supervision and
control, of maintenance dosages of methadone, or other addicting drugs, and
provide other rehabilitation services as needed in support of a methadone
maintenance program.
2. Employ such personnel as may be
necessary to carry out the duties imposed by NRS
453.600 to 453.730, inclusive, subject to the
legislative appropriation available for such purpose.
3. Adopt such regulations as are necessary
to carry out the purpose of NRS 453.600 to 453.730, inclusive.
(Added to NRS by 1971, 651; A 1979, 1670)
NRS 453.670 Local governments may assist programs and services. A county or city may extend funds for the
purpose of establishing or maintaining any program or service provided for in NRS 453.660.
(Added to NRS by 1971, 651)
NRS 453.680 Cooperative agreements. The
Division of Public and Behavioral Health of the Department may cooperate and
contract with:
1. Any agency of the Federal Government;
2. Other states;
3. Any political subdivision; or
4. Any local addiction treatment clinic
whose program meets the requirements of the Food and Drug Administration and the
Drug Enforcement Administration, and which is approved by the Division of
Public and Behavioral Health of the Department,
Ê in carrying
out the purposes of NRS 453.600 to 453.730, inclusive.
(Added to NRS by 1971, 651; A 1973, 194; 1979, 623, 1670; 1991, 487)
NRS 453.690 Information to be furnished.
1. Every person or institution authorized
to dispense or administer narcotic drugs shall furnish to the Division of
Public and Behavioral Health of the Department, the Investigation Division of
the Department of Public Safety and the State Board of Pharmacy such
information as the Division of Public and Behavioral Health or the Board may
require by regulation.
2. Every public official or employee
having duties to perform with respect to narcotic drugs shall furnish to the
Division of Public and Behavioral Health of the Department, the Investigation
Division of the Department of Public Safety and the State Board of Pharmacy
such information as the regulations of the Division of Public and Behavioral
Health or the Board may require.
(Added to NRS by 1971, 651; A 1979, 1670; 1981, 2014; 1985, 1996; 2001, 2625)
NRS 453.700 Application for treatment; regulations relating to voluntary
submission.
1. Any person who believes himself or
herself to be a narcotic addict may make application to the Division of Public
and Behavioral Health of the Department for voluntary submission to treatment
maintained under the provisions of NRS 453.660 or NRS 458.290 to 458.350, inclusive.
2. The Division of Public and Behavioral
Health shall adopt regulations relating to the requirements for voluntary
submission under this section.
(Added to NRS by 1971, 651; A 1975, 973; 1979, 1671)
NRS 453.710 Liability for costs of treatment. When
a narcotic addict is being treated under a program or service maintained under NRS 453.660, his or her estate or legally responsible
relatives, if of sufficient ability, are liable for payment of such portion of
the cost of care, treatment, rehabilitation or aftercare furnished pursuant to NRS 453.660 as may be established by a regulation of
the Division of Public and Behavioral Health of the Department.
(Added to NRS by 1971, 651; A 1979, 1671)
NRS 453.720 Confidential and privileged information. Unless otherwise requested by a narcotic
addict being treated, or a person who in the past was treated, under NRS 453.660, and except as otherwise provided in NRS 239.0115, all information in
possession of the Division of Public and Behavioral Health of the Department,
any rehabilitation clinic or any certified hospital concerning such person is
confidential and privileged.
(Added to NRS by 1971, 652; A 1979, 1671; 2007, 2111)
NRS 453.730 Emergency treatment authorized without notification to law
enforcement officer or agency. Notwithstanding
any other provision of law, any physician may render emergency treatment for
narcotic or dangerous drug abuse without notifying a law enforcement official
or agency.
(Added to NRS by 1971, 652)
