USA Statutes : nevada
Title : Title 40 - PUBLIC HEALTH AND SAFETY
Chapter : CHAPTER 453 - CONTROLLED SUBSTANCES
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
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 453.011 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)
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)
“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)
“Advanced
practitioner of nursing” means a registered nurse who holds a valid
certificate of recognition as an advanced practitioner of nursing issued
by the State Board of Nursing.
(Added to NRS by 1991, 793)
“Agent” means a pharmacist, 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)
“Board” means the State Board of
Pharmacy.
(Added to NRS by 1971, 2000; A 1977, 1221)
“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 Health Division of the
Department; or
2. Under emergency treatment in a hospital by a physician,
advanced practitioner of nursing, dentist or podiatric physician, or on
the written or oral order of a physician, physician assistant, advanced
practitioner of nursing, 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 )
“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)
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 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)
“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)
“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)
“Department” means the
Department of Health and Human Services.
(Added to NRS by 1979, 1671)
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)
“Dispenser” means a practitioner
who dispenses.
(Added to NRS by 1971, 2000)
“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)
“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)
“Division” means the
Investigation Division of the Department of Public Safety.
(Added to NRS by 1971, 2000; A 1981, 2014; 1985, 1996; 2001, 2624
)
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 man or animals;
(c) Other than food, intended to affect the structure or any
function of the body of man 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)
“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)
“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)
“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)
“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)
“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)
“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)
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, dentist, podiatric physician, advanced practitioner
of nursing or veterinarian:
(a) As an incident to his administering or dispensing of a
substance in the course of his professional practice; or
(b) By his authorized agent under his 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 )
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)
“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)
“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)
“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)
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)
“Opium poppy” means the plant
of the species Papaver somniferum L., except its seeds.
(Added to NRS by 1971, 2002)
“Person” includes a government or a
governmental subdivision or agency.
(Added to NRS by 1991, 1644)
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)
“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)
“Poppy straw” means all parts,
except the seeds, of the opium poppy, after mowing.
(Added to NRS by 1971, 2002)
“Practitioner” means:
1. A physician, dentist, veterinarian or podiatric physician who
holds a license to practice his profession in this State and is
registered pursuant to this chapter.
2. An advanced practitioner of nursing who holds a certificate
from the State Board of Nursing and a certificate from the State Board of
Pharmacy authorizing him 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 possesses or administers sodium pentobarbital pursuant
to his 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. An osteopathic physician’s assistant who:
(a) Holds a certificate 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 he
prescribes or administers therapeutic pharmaceutical agents within the
scope of his 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 )
1. “Prescription” means:
(a) An order given individually for the person for whom prescribed,
directly from a physician, osteopathic physician’s assistant, physician
assistant, dentist, podiatric physician, optometrist, advanced
practitioner of nursing or veterinarian, or his 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 is to take home upon his discharge.
2. The term does not include a chart order written for an
inpatient for use while he 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 )
“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)
“Refill” means to fill again.
(Added to NRS by 1979, 1672)
“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)
“Steroid” means any of the
compounds that contain a hydrogenated cyclopentophenanthrene-ring system,
and includes the sterols.
(Added to NRS by 1989, 1680)
“Ultimate user” means a
person who lawfully possesses a controlled substance for his own use or
the use of a member of his household or for administering to any animal
owned by him or by a member of his 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)
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 )
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)
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)
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
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)
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 Division, the Health Division
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 Division.
(c) Not infringe on the legal use of a controlled substance for the
management of severe or intractable pain.
2. 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.
3. 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.
4. Information obtained from the program relating to a
practitioner or a patient is confidential and, except as otherwise
provided by this section, 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 his behalf by his attorney; or
(b) Upon the lawful order of a court of competent jurisdiction.
5. 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 )
1. The Board or Division, in cooperation with the Health Division
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 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; and
(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.
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)
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 he 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)
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
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)
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)
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)
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)
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)
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 )
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)
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)
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 )
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)
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 record of compliance with applicable federal, state
and local statutes, ordinances and regulations;
(2) His past experience in the manufacture and distribution
of controlled substances, and the existence in his establishment of
effective controls against the unlawful distribution or use of the
substance;
(3) Whether he has ever been convicted under any federal or
state law relating to a controlled substance; and
(4) Whether he 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)
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)
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
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)
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 is acting in the usual course of his 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, osteopathic
physician’s assistant, physician assistant, dentist, advanced
practitioner of nursing, 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 )
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)
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)
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 business or profession.
(Added to NRS by 1973, 579; A 2001, 1056 ; 2003, 552 )
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 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 his successor in interest. The Board
shall notify a registrant, or his 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 his 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 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)
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 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)
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 )
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)
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) 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 Health
Division 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, such a prescription
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 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 his 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)
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
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)
1. Issuance and execution of an administrative warrant for
inspection must be as follows:
(a) A magistrate, within his 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,
he 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
)
Any officer or employee of the Division designated by his
appointing authority may:
1. Carry firearms in the performance of his 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 his presence,
or if he 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 )
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
)
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 duties.
(Added to NRS by 1971, 2014; A 1973, 1209; 2001, 1057 ; 2003, 554 )
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
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 )
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 him 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 him 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 his 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 he 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 he 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 his
recovery of the property or mobile home upon such a violation and provide
for the recovery of any reasonable attorney’s fees he 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 )
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 he 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
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, he 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, he 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 he 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 Health Division of the Department.
(Added to NRS by 1971, 2018; A 1973, 1406; 1977, 1410; 1979, 1471;
1995, 1281)
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, he 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, he 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 )
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:
(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) Methylamine, its salts, isomers and salts of isomers.
(u) 3,4-Methylenedioxy-phenyl-2-propanone.
(v) N-Methylephedrine, its salts, isomers and salts of isomers.
(w) Methyl isobutyl ketone (MIBK).
(x) N-Methylpseudoephedrine, its salts, isomers and salts of
isomers.
(y) Nitroethane, its salts, isomers and salts of isomers.
(z) Norpseudoephedrine, its salts, isomers and salts of isomers.
(aa) Phenylacetic acid, its esters and its salts.
(bb) Phenylpropanolamine, its salts, isomers and salts of isomers.
(cc) Piperidine and its salts.
(dd) Piperonal, its salts, isomers and salts of isomers.
(ee) Potassium permanganate.
(ff) Propionic anhydride, its salts, isomers and salts of isomers.
(gg) Pseudoephedrine, its salts, isomers and salts of isomers.
(hh) Red phosphorous.
(ii) Safrole, its salts, isomers and salts of isomers.
(jj) Sulfuric acid.
(kk) Toluene.
(Added to NRS by 1999, 2636 ; A 2003, 1396 )
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 )
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 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)
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 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 his 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 professional practice or
research.
(Added to NRS by 1983, 920; A 1995, 1284; 1999, 748 )
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 )
If the death of a person is proximately caused by a
controlled substance which was sold, given, traded or otherwise made
available to him by another person in violation of this chapter, the
person who sold, gave or traded or otherwise made the substance available
to him is guilty of murder. If convicted of murder in the second degree,
he 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, he 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)
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 he
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 )
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 )
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 )
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 )
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 )
1. 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, osteopathic
physician’s assistant, physician assistant, dentist, podiatric physician,
optometrist, advanced practitioner of nursing or veterinarian while
acting in the course of his 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 he is a drug addict and is likely to
be rehabilitated through treatment and, if the examination reveals that
he 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. As used in this section, “controlled substance” includes
flunitrazepam, gamma-hydroxybutyrate and each substance for which
flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.
(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 )
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 Health Division 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 )
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, 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 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 him 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. 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. He 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 him 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 him.
(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 )
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, 3 years 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
send a copy of the order 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
)
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)
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)
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)
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
)
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)
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 )
1. Except as 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 he has actually served the
mandatory minimum term of imprisonment prescribed by the section under
which he was convicted.
2. The judge, 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 he finds that the convicted person rendered substantial assistance in
the identification, arrest or conviction of any of his accomplices,
accessories, coconspirators or principals or of any other person involved
in trafficking in a controlled substance in violation of NRS 453.3385
, 453.339 or 453.3395 . 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.
(Added to NRS by 1983, 288; A 1985, 159)
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)
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 )
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 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 )
ILLEGAL INTERNET PHARMACIES
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 )
“Dangerous drug” has the
meaning ascribed to it in NRS 454.201 .
(Added to NRS by 2001, 1052 )
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 )
“Imitation
controlled substance” has the meaning ascribed to it in NRS 453.332
.
(Added to NRS by 2001, 1052 )
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 )
“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 )
” 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 )
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
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 )
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 )
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 subsection 9 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 )
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 )
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 his 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
As used in NRS 453.371 to 453.552 ,
inclusive:
1. “Advanced practitioner of nursing” means a person who holds a
certificate of recognition granted pursuant to NRS 632.237 and is registered with the Board.
2. “Medical intern” means a medical graduate acting as an
assistant in a hospital for the purpose of clinical training.
3. “Pharmacist” means a person who holds a certificate of
registration issued pursuant to NRS 639.127 and is registered with the Board.
4. “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.
5. “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 certificate issued pursuant to NRS 633.451 .
(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 )
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 practitioner of
nursing, or pursuant to a chart order, for administration to a patient at
another location.
3. An advanced emergency medical technician:
(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 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 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 an
advanced emergency medical technician, 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 an advanced emergency medical technician,
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 )
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 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 )
1. In addition to the limitations imposed by NRS 453.256 and 453.3611 to 453.3648 , inclusive, a physician, physician assistant,
dentist, advanced practitioner of nursing or podiatric physician may
prescribe or administer controlled substances only for a legitimate
medical purpose and in the usual course of his professional practice, and
he shall not prescribe, administer or dispense a controlled substance
listed in schedule II for himself, his spouse or his children except in
cases of emergency.
2. A veterinarian, in the course of his professional practice
only, and not for use by a human being, may prescribe, possess and
administer controlled substances, and he may cause them to be
administered by a veterinary technician under his direction and
supervision.
3. A euthanasia technician, within the scope of his 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 he has reason to believe that it was not issued in the
usual course of the professional practice of a physician, physician
assistant, dentist, advanced practitioner of nursing, podiatric physician
or veterinarian.
5. Any person who has obtained from a physician, physician
assistant, dentist, advanced practitioner of nursing, podiatric physician
or veterinarian any controlled substance for administration to a patient
during the absence of the physician, physician assistant, dentist,
advanced practitioner of nursing, podiatric physician or veterinarian
shall return to him 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 salesman 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 )
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 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.
(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 )
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 practitioner of nursing, 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 )
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 )
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 Health
Division 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, by
imprisonment in the county jail for not more than 1 year, 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)
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)
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 he 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 he 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
)
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)
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)
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 )
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 )
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
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
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 this section and NRS 453.5531 , 453.5532
and 453.5533 :
(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 )
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.
(Added to NRS by 1985, 2042; A 2001, 1063 ; 2003, 560 )
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)
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 )
DRUG PARAPHERNALIA
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,
injecting, 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:
1. 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;
2. Kits used, intended for use, or designed for use in
manufacturing, compounding, converting, producing or preparing controlled
substances;
3. Isomerization devices used, intended for use, or designed for
use in increasing the potency of any species of plant which is a
controlled substance;
4. Testing equipment used, intended for use, or designed for use
in identifying, or in analyzing the strength, effectiveness or purity of
controlled substances;
5. Scales and balances used, intended for use, or designed for use
in weighing or measuring controlled substances;
6. Diluents and adulterants, such as quinine hydrochloride,
mannitol, mannite, dextrose and lactose, used, intended for use, or
designed for use in cutting controlled substances;
7. 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;
8. Blenders, bowls, containers, spoons and mixing devices used,
intended for use, or designed for use in compounding controlled
substances;
9. Capsules, balloons, envelopes and other containers used,
intended for use, or designed for use in packaging small quantities of
controlled substances;
10. Containers and other objects used, intended for use, or
designed for use in storing or concealing controlled substances; and
11. 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:
(a) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes
with or without screens, permanent screens, hashish heads or punctured
metal bowls;
(b) Water pipes;
(c) Smoking masks;
(d) 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;
(e) Cocaine spoons and cocaine vials;
(f) Carburetor pipes and carburetion tubes and devices;
(g) Chamber pipes;
(h) Electric pipes;
(i) Air-driven pipes;
(j) Chillums;
(k) Bongs; and
(l) Ice pipes or chillers.
(Added to NRS by 1981, 405)
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
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)
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)
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,
inject, 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)
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 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 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 )
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)
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, inject,
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)
MISCELLANEOUS PROVISIONS
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)
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 )
1. If a defendant pleads guilty to or is found guilty of, any
violation of this chapter and an analysis of a controlled substance or
other substance or drug was performed in relation to his 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 )
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 Health
Division 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 towards 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 he
is assigned and the cost of any additional supervision required pursuant
to subsection 3, to the extent of his financial resources. 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 )
TREATMENT AND REHABILITATION OF ADDICTS
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)
The Health Division 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)
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)
The Health Division 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 Health Division 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)
1. Every person or institution authorized to dispense or
administer narcotic drugs shall furnish to the Health Division of the
Department, the Investigation Division of the Department of Public Safety
and the State Board of Pharmacy such information as the Health Division
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 Health Division 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 Health Division or the Board may require.
(Added to NRS by 1971, 651; A 1979, 1670; 1981, 2014; 1985, 1996;
2001, 2625 )
1. Any person who believes himself to be a narcotic addict may
make application to the Health Division 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 Health Division shall adopt regulations relating to the
requirements for voluntary submission under this section.
(Added to NRS by 1971, 651; A 1975, 973; 1979, 1671)
When a narcotic
addict is being treated under a program or service maintained under NRS
453.660 , his 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
Health Division of the Department.
(Added to NRS by 1971, 651; A 1979, 1671)
Unless
otherwise requested by a narcotic addict being treated, or a person who
in the past was treated, under NRS 453.660 , all information in possession of the Health
Division 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)
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)
