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2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.196 - Schedule IV tests.

The Board shall place a substance in schedule IV if it finds that:
1. The substance has a low potential for abuse relative to substances in schedule III;
2. The substance has currently accepted medical use in treatment in the United States; and
3. Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in schedule III.
(Added to NRS by 1971, 2008)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.206 - Schedule V tests.

The Board shall place a substance in schedule V if it finds that:
1. The substance has a low potential for abuse relative to substances listed in schedule IV;
2. The substance has accepted medical use in treatment in the United States; and
3. Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances listed in schedule IV.
(Added to NRS by 1971, 2009; A 1991, 1653)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.211 - Review, revision and dissemination of schedules.

1. The Board shall:
(a) Review the schedules annually and maintain a list of current schedules.
(b) Upon the revision of a schedule, cause a copy of the revised schedule to be sent to each district attorney, public defender and judge in the State of Nevada.
(c) Make copies of the list of current schedules available to members of the public upon request. The Board may charge a reasonable fee for providing the copies.
2. Failure to publish revised schedules is not a defense in any administrative or judicial proceeding under NRS 453.011 to 453.552, inclusive.
(Added to NRS by 1971, 2009; A 1991, 1653; 1993, 635; 2001, 1056; 2003, 551)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.218 - Addition of immediate precursor to schedule.

The Board, without regard to the findings required by NRS 453.166, 453.176, 453.186, 453.196, 453.206 or subsection 4 of NRS 453.146 or the procedures prescribed by subsections 1 to 4, inclusive, of NRS 453.146, may add an immediate precursor to the same schedule in which the controlled substance of which it is an immediate precursor is included or to in any other schedule. If the Board designates a substance as an immediate precursor, substances which are precursors of the controlled precursor are not subject to control solely because they are precursors of the controlled precursor.
(Added to NRS by 1991, 1644)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.2182 - Treatment by Board when substance is designated, rescheduled or deleted as controlled substance by federal law.

If a substance is designated, rescheduled or deleted as a controlled substance pursuant to federal law, the Board shall similarly treat the substance pursuant to the provisions of NRS 453.011 to 453.552, inclusive, after the expiration of 60 days from publication in the Federal Register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance or from the date of issuance of an order of temporary scheduling under Section 508 of the federal Dangerous Drug Diversion Control Act of 1984, 21 U.S.C. § 811(h), unless within the 60-day period, the Board or an interested party objects to the treatment of the substance. If no objection is made, the Board shall adopt, without making the determinations or findings required by subsections 1 to 4, inclusive, of NRS 453.146 or NRS 453.166, 453.176, 453.186, 453.196 or 453.206, a final regulation treating the substance. If an objection is made, the Board shall make a determination with respect to the treatment of the substance as provided by subsections 1 to 4, inclusive, of NRS 453.146. Upon receipt of an objection to the treatment by the Board, the Board shall publish notice of the receipt of the objection, and action by the Board is stayed until the Board adopts a regulation as provided by subsection 4 of NRS 453.146.
(Added to NRS by 1991, 1644; A 2001, 1056; 2003, 552)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.2184 - Scheduling of substance by extraordinary regulation.

The Board, by extraordinary regulation and without regard to the requirements of subsections 1, 2 and 3 of NRS 453.146 may schedule a substance in schedule I, whether or not the substance is substantially similar to a controlled substance included in schedule I or II, if the Board finds that scheduling of the substance by extraordinary regulation is necessary to avoid an imminent hazard to the public safety and the substance is not in any other schedule and no exemption or approval is in effect for the substance under Section 505 of the federal Food, Drug, and Cosmetic Act (21 U.S.C. § 355). Upon receipt of notice under NRS 453.219 the Board shall initiate scheduling of the controlled substance analog by extraordinary regulation pursuant to this section. The scheduling of a substance under this section expires 1 year after the adoption of the extraordinary regulation. With respect to the finding of an imminent hazard to the public safety, the Board shall consider whether the substance has been scheduled on a temporary basis under federal law and the factors set forth in paragraphs (d), (e) and (f) of subsection 2 of NRS 453.146, and may also consider clandestine importation, manufacture or distribution, and if available, information concerning the other factors set forth in subsection 2 of NRS 453.146. An extraordinary regulation may not be adopted under this section until the Board initiates a proceeding to adopt a regulation pursuant to subsections 1 to 4, inclusive, of NRS 453.146 with respect to the substance. An extraordinary regulation adopted under this section lapses upon the conclusion of the proceeding initiated under subsections 1 to 4, inclusive, of NRS 453.146 with respect to the substance.
(Added to NRS by 1991, 1645)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.2186 - Board prohibited from including certain substances on schedule; exceptions; required considerations.

1. Authority to control pursuant to NRS 453.146, 453.218, 453.2182 and 453.2184 does not extend to distilled spirits, wine, malt beverages or tobacco.
2. The Board shall not include any nonnarcotic substance on any schedule if that substance is in a form suitable for final dosage and has been approved by the Food and Drug Administration for sale over the counter without a prescription, unless the Board affirmatively finds that:
(a) The substance itself or one or more of its active ingredients is an immediate precursor of a controlled substance; and
(b) The substance is materially misbranded or mislabeled, or the public interest requires the scheduling of the substance as a controlled substance in schedule I, II, III or IV.
3. In determining whether the public interest requires the scheduling of the substance, the Board shall consider:
(a) Whether the customary methods of marketing and distributing the substance are likely to lead to its unlawful distribution or use, including any relevant information with regard to a manufacturer or distributor of the substance concerning:
(1) His or her record of compliance with applicable federal, state and local statutes, ordinances and regulations;
(2) His or her past experience in the manufacture and distribution of controlled substances, and the existence in his or her establishment of effective controls against the unlawful distribution or use of the substance;
(3) Whether he or she has ever been convicted under any federal or state law relating to a controlled substance; and
(4) Whether he or she has ever furnished materially falsified or fraudulent material in any application filed pursuant to NRS 453.011 to 453.552, inclusive;
(b) Whether the substance is controlled under the federal Controlled Substances Act;
(c) The status of any pending proceeding to determine whether the substance should be controlled or exempted from control;
(d) Any history of abuse or misuse of the substance in this State; and
(e) Any other factors which are relevant to the public health and safety.
4. In determining whether a substance is misbranded or mislabeled, the Board shall consider the requirements of the federal Food, Drug, and Cosmetic Act and the Code of Federal Regulations concerning indications for its use and any advertising for a use not so indicated.
(Added to NRS by 1991, 1645)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.2188 - Placement of substance in schedule allowed if controlled by federal law pursuant to international treaty, convention or protocol.

The Board may place a substance in schedule I, II, III, IV or V without making the findings respectively required for those schedules if the substance is controlled under the corresponding schedule of the federal Controlled Substances Act by a federal agency as the result of an international treaty, convention or protocol.
(Added to NRS by 1991, 1646)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.219 - Controlled substance analog: Treatment as substance in schedule I; notice of prosecution; determination by Board.

A controlled substance analog, to the extent intended for human consumption, must be treated, for the purposes of NRS 453.011 to 453.552, inclusive, as a substance included in schedule I. Within 30 days after the initiation of prosecution with respect to a controlled substance analog by indictment or information, the district attorney shall notify the Board of information relevant to scheduling by extraordinary regulation as provided for in NRS 453.2184. If the Board finally determines that the controlled substance analog should not be scheduled, no prosecution relating to that substance as a controlled substance analog may be commenced or continued.
(Added to NRS by 1991, 1646; A 2001, 1056; 2003, 552)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.221 - Regulations; fees.

1. The Board may adopt regulations and charge reasonable fees relating to the registration and control of the dispensing of controlled substances within this State.
2. The Board may charge an additional fee for dispensing controlled substances included in schedules I to V, inclusive, to cover the cost of developing and maintaining the computerized program developed pursuant to NRS 453.162. 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)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.226 - Requirements for registration; authority of registrant; exemptions and waivers; inspections.

1. Every practitioner or other person who dispenses any controlled substance within this State or who proposes to engage in the dispensing of any controlled substance within this State shall obtain biennially a registration issued by the Board in accordance with its regulations. A person must present proof that he or she is authorized to access the database of the program established pursuant to NRS 453.162 before the Board may issue or renew a registration.
2. A person registered by the Board in accordance with the provisions of NRS 453.011 to 453.552, inclusive, to dispense or conduct research with controlled substances may possess, dispense or conduct research with those substances to the extent authorized by the registration and in conformity with the other provisions of those sections.
3. The following persons are not required to register and may lawfully possess and distribute controlled substances pursuant to the provisions of NRS 453.011 to 453.552, inclusive:
(a) An agent or employee of a registered dispenser of a controlled substance if he or she is acting in the usual course of his or her business or employment;
(b) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment;
(c) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, advanced practice registered nurse, certified registered nurse anesthetist, podiatric physician, pharmacist registered pursuant to NRS 639.28079 or veterinarian or in lawful possession of a schedule V substance; or
(d) A physician who:
(1) Holds a locum tenens license issued by the Board of Medical Examiners or a temporary license issued by the State Board of Osteopathic Medicine; and
(2) Is registered with the Drug Enforcement Administration at a location outside this State.
4. The Board may waive the requirement for registration of certain dispensers if it finds it consistent with the public health and safety.
5. A separate registration is required at each principal place of business or professional practice where the applicant dispenses controlled substances.
6. The Board may inspect the establishment of a registrant or applicant for registration in accordance with the Board’s regulations.
(Added to NRS by 1971, 2009; A 1973, 1204; 1979, 1661; 1981, 736, 1958; 1991, 1161, 1653; 1993, 2233; 1995, 296, 1718; 2001, 409, 785, 796; 2007, 1864; 2013, 2083; 2017, 4407; 2023, 1448, 2358)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.231 - Registration: Public interest; specific controlled substances; research.

1. The Board shall register an applicant to dispense controlled substances included in schedules I to V, inclusive, unless it determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the Board shall consider the following factors:
(a) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, research or industrial channels;
(b) Compliance with state and local law;
(c) Promotion of technical advances in the art of manufacturing controlled substances and the development of new substances;
(d) Convictions of the applicant pursuant to laws of another country or federal or state laws relating to a controlled substance;
(e) Past experience of the applicant in the manufacture or distribution of controlled substances, and the existence in the applicant’s establishment of effective controls against diversion of controlled substances into other than legitimate medical, scientific research or industrial channels;
(f) Furnishing by the applicant of false or fraudulent material in an application filed pursuant to the provisions of NRS 453.011 to 453.552, inclusive;
(g) Suspension or revocation of the applicant’s federal registration to manufacture, distribute, possess, administer or dispense controlled substances as authorized by federal law; and
(h) Any other factors relevant to and consistent with the public health and safety.
2. Registration pursuant to subsection 1 entitles a registrant to dispense a substance included in schedules I or II only if it is specified in the registration.
3. A practitioner must be registered before dispensing a controlled substance or conducting research with respect to a controlled substance included in schedules II to V, inclusive. The Board need not require separate registration pursuant to the provisions of NRS 453.011 to 453.552, inclusive, for practitioners engaging in research with nonnarcotic controlled substances included in schedules II to V, inclusive, if the registrant is already registered in accordance with the provisions of NRS 453.011 to 453.552, inclusive, in another capacity. A practitioner registered in accordance with federal law to conduct research with a substance included in schedule I may conduct research with the substance in this State upon furnishing the Board evidence of the federal registration.
(Added to NRS by 1971, 2010; A 1973, 1205; 1979, 1662; 1981, 737, 1959; 1991, 1161, 1654; 1995, 297)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.232 - Penalty for failure to register.

A person who dispenses a controlled substance without being registered by the Board if required by NRS 453.231 is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 1979, 1672; A 1981, 737; 1991, 1162, 1656; 1995, 298, 1280, 1329)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.233 - Notice of conviction of registered person to be furnished.

Upon the conviction of any person required to be registered under the provisions of NRS 453.011 to 453.552, inclusive, of violation of any federal or state law relating to any controlled substance, the prosecuting attorney shall cause copies of the judgment of conviction to be sent to the Board and to any other licensing agency by whom the convicted person has been licensed or registered under the laws of the State of Nevada to engage in the practice of his or her business or profession.
(Added to NRS by 1973, 579; A 2001, 1056; 2003, 552)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.241 - Administrative proceedings to deny, suspend or revoke registration.

1. Administrative proceedings by the Board to deny, suspend or revoke a registration must be initiated, conducted and concluded pursuant to the provisions of NRS 639.241 to 639.257, inclusive, without regard to any criminal prosecution or other proceeding, but instead of the methods of discipline provided in paragraphs (c) and (d) of subsection 1 of NRS 639.255, the Board shall:
(a) Suspend the right of the registrant to use his or her registration or a schedule thereof; or
(b) Revoke the registration or a schedule thereof.
2. Proceedings to refuse renewal of registration do not abate the existing registration, which remains in effect pending the outcome of the administrative hearing.
3. The Board may suspend, before the hearing, any registration with the institution of proceedings under NRS 453.236, or where renewal of registration is refused, if it finds that there is an imminent danger to the public health or safety which warrants this action. The suspension continues in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the Board or dissolved by a court of competent jurisdiction. In the event of such a suspension the Board shall conduct a hearing at the earliest possible date, but in any event, the hearing must be conducted no later than 15 days after the date of suspension unless a continuance is requested by the registrant or the registrant otherwise prevents the holding of the hearing.
(Added to NRS by 1971, 2011; A 1977, 73; 1979, 1664; 1991, 1657)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.246 - Recordkeeping and inventory requirements for registrants.

Persons registered to dispense controlled substances pursuant to the provisions of NRS 453.011 to 453.552, inclusive, shall keep records and maintain inventories in conformance with the recordkeeping and inventory requirements of state and federal law and with any additional regulations the Board issues.
(Added to NRS by 1971, 2012; A 1973, 1207; 1979, 1665; 1991, 1164, 1658; 1995, 299; 2001, 1057; 2003, 552)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.251 - Order forms.

Controlled substances listed in schedules I and II may be distributed by a registrant or licensed pharmacy to another registrant or licensed pharmacy only pursuant to an order form and may be received by a registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms shall be deemed compliance with this section.
(Added to NRS by 1971, 2012; A 1977, 670; 1979, 1318, 1665; 1987, 950)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.256 - Prescriptions; requirements for dispensing certain substances; penalty.

1. A prescription for a controlled substance must be given to a pharmacy in compliance with NRS 639.23535. A prescription for a substance included in schedule II must not be refilled. A prescription for a substance included in schedule III or IV which is a dangerous drug as determined under NRS 454.201 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.
2. A substance included in schedule V may be distributed or dispensed only for a medical purpose, including medical treatment or authorized research.
3. A practitioner may dispense or deliver a controlled substance to or for a person or animal only for medical treatment or authorized research in the ordinary course of his or her profession.
4. 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.
5. An individual practitioner may not dispense a substance included in schedule II, III or IV for the practitioner’s own personal use except in a medical emergency.
6. A person who violates this section is guilty of a category E felony and shall be punished as provided in NRS 193.130.
7. As used in this section, "medical treatment" includes dispensing or administering a narcotic drug for pain, whether or not intractable.
(Added to NRS by 1971, 2012; A 1973, 581; 1979, 1665; 1981, 1960; 1989, 1125; 1991, 1658; 1995, 299, 1280, 1329; 2011, 2039; 2019, 2213)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.257 - Filling second or subsequent prescriptions.

A pharmacist shall not fill a second or subsequent prescription for a controlled substance listed in schedule II for the same patient unless the frequency of prescriptions is in conformity with the directions for use. The need for any increased amount shall be verified by the practitioner in writing or personally by telephone.
(Added to NRS by 1977, 668; A 1979, 1665)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.261 - Administrative inspections.

1. The Division or the Board may make administrative inspections of controlled premises in accordance with the following provisions:
(a) When authorized by an administrative warrant for inspection issued pursuant to NRS 453.266, an officer, employee or other person who possesses some or all of the powers of a peace officer, designated by the Division or the Board, upon presenting the warrant and appropriate credentials to the owner, operator or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection.
(b) When authorized by an administrative warrant for inspection, an officer, employee or other person who possesses some or all of the powers of a peace officer, designated by the Division or the Board may:
(1) Inspect and copy records required to be kept by the provisions of NRS 453.011 to 453.552, inclusive;
(2) Inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and, except as provided in subsection 3, all other things therein, including records, files, papers, processes, controls and facilities bearing on any violation of the provisions of NRS 453.011 to 453.552, inclusive; and
(3) Inventory any stock of any controlled substance therein and obtain samples thereof.
2. This section does not prevent the inspection without a warrant of books and records, nor does it prevent entries and administrative inspections, including seizures of property, without a warrant:
(a) If the owner, operator or agent in charge of the controlled premises consents;
(b) In situations presenting imminent danger to health or safety;
(c) In situations involving inspection of conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;
(d) In any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; or
(e) In all other situations in which a warrant is not constitutionally required.
3. An inspection authorized by this section must not extend to financial data or sales data, other than data for shipment or pricing, unless the owner, operator or agent in charge of the controlled premises consents in writing.
4. For purposes of this section, "controlled premises" means:
(a) Places where persons registered or exempted from the requirements for registration pursuant to NRS 453.011 to 453.552, inclusive, are required to keep records;
(b) Places, including factories, warehouses, establishments and conveyances in which persons registered or exempted from the requirements for registration pursuant to NRS 453.011 to 453.552, inclusive, are permitted to hold, manufacture, compound, process, sell, deliver or otherwise dispose of any controlled substance; and
(c) Places where immediate precursors are sold, compounded, manufactured, processed or delivered.
(Added to NRS by 1971, 2012; A 1973, 581, 1207; 1981, 1960; 1985, 293; 1991, 486, 1659)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.271 - Powers of enforcement of officers and employees of Division.

Any officer or employee of the Division designated by his or her appointing authority may:
1. Carry firearms in the performance of his or her official duties;
2. Execute and serve search warrants, arrest warrants, administrative warrants for inspections, subpoenas and summonses issued under the authority of this State;
3. Make arrests without warrant for any offense under the provisions of NRS 453.011 to 453.552, inclusive, committed in the presence of the officer or employee, or if the officer or employee has probable cause to believe that the person to be arrested has committed or is committing a violation of such sections which may constitute a felony;
4. Make seizures of property pursuant to the provisions of NRS 453.011 to 453.552, inclusive; or
5. Perform other law enforcement duties as the Division designates.
(Added to NRS by 1971, 2014; A 1973, 1209; 2001, 1057; 2003, 554)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.276 - Injunctions.

The Board or the Attorney General may bring an action to enjoin any act which would be in violation of the provisions of this chapter. Such an action must be commenced in the district court for the county in which the act is to occur and must be in conformity with Rule 65 of the Nevada Rules of Civil Procedure, except that the Board or the Attorney General is not required to allege facts necessary to show or tending to show lack of adequate remedy at law or irreparable damage or loss. The action must be brought in the name of the State of Nevada.
(Added to NRS by 1971, 2014; A 1973, 1209; 1979, 1667; 2001, 1057)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.281 - Burden of proof; immunity of officers from liability.

1. It is not necessary for the State to negate any exemption or exception in the provisions of NRS 453.011 to 453.552, inclusive, in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under such sections. The burden of proof of any exemption or exception is upon the person claiming it.
2. In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under the provisions of NRS 453.011 to 453.552, inclusive:
(a) The person is presumed not to be the holder of the registration or form; and
(b) The burden of proof is upon the person to rebut the presumption.
3. No liability is imposed by the provisions of NRS 453.011 to 453.552, inclusive, upon any authorized state, county or municipal officer engaged in the lawful performance of his or her duties.
(Added to NRS by 1971, 2014; A 1973, 1209; 2001, 1057; 2003, 554)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.286 - Judicial review.

All final determinations, findings and conclusions of the Board or Division under the provisions of NRS 453.011 to 453.552, inclusive, are final and conclusive decisions of the matters involved. Any person aggrieved by the decision is entitled to judicial review of the decision in the manner provided by chapter 233B of NRS. Findings of fact by the Board or Division, if supported by substantial evidence, are conclusive.
(Added to NRS by 1971, 2015; A 1973, 1210; 1989, 1654; 2001, 1058; 2003, 554)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.305 - Forfeiture of real property or mobile home: Notices to owner.

1. Whenever a person is arrested for violating any of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, and real property or a mobile home occupied by the person as a tenant has been used to facilitate the violation, the prosecuting attorney responsible for the case shall cause to be delivered to the owner of the property or mobile home a written notice of the arrest.
2. Whenever a person is convicted of violating any of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, and real property or a mobile home occupied by the person as a tenant has been used to facilitate the violation, the prosecuting attorney responsible for the case shall cause to be delivered to the owner of the property or mobile home a written notice of the conviction.
3. The notices required by this section must:
(a) Be written in language which is easily understood;
(b) Be sent by certified or registered mail, return receipt requested, to the owner at the owner’s last known address;
(c) Be sent within 15 days after the arrest occurs or judgment of conviction is entered against the tenant, as the case may be;
(d) Identify the tenant involved and the offense for which the tenant has been arrested or convicted; and
(e) Advise the owner that:
(1) The property or mobile home is subject to forfeiture pursuant to NRS 179.1156 to 179.1205, inclusive, and 453.301 unless the tenant, if convicted, is evicted;
(2) Any similar violation by the same tenant in the future may also result in the forfeiture of the property unless the tenant has been evicted;
(3) In any proceeding for forfeiture based upon such a violation the owner will, by reason of the notice, be deemed to have known of and consented to the unlawful use of the property or mobile home; and
(4) The provisions of NRS 40.2514 and 40.254 authorize the supplemental remedy of summary eviction to facilitate the owner’s recovery of the property or mobile home upon such a violation and provide for the recovery of any reasonable attorney’s fees the owner incurs in doing so.
4. Nothing in this section shall be deemed to preclude the commencement of a proceeding for forfeiture or the forfeiture of the property or mobile home, whether or not the notices required by this section are given as required, if the proceeding and forfeiture are otherwise authorized pursuant to NRS 179.1156 to 179.1205, 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)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.311 - Controlled substances; plants; seizure and forfeiture.

1. Controlled substances listed in schedule I:
(a) That are possessed, transferred, sold or offered for sale in violation of the provisions of NRS 453.011 to 453.552, inclusive, are contraband and must be seized and summarily forfeited to the State.
(b) Which are seized or come into the possession of the State, the owners of which are unknown, are contraband and must be summarily forfeited to the State.
2. Species of plants from which controlled substances in schedules I and II may be derived which have been planted or cultivated in violation of the provisions of NRS 453.011 to 453.552, inclusive, or of which the owners or cultivators are unknown, or which are wild growths, may be seized and summarily forfeited to the State.
3. The failure, upon demand by the Division or other law enforcement agency, or the authorized agent of either, of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored, to produce an appropriate registration, or proof that the person is the holder thereof, constitutes authority for the seizure and forfeiture of the plants.
(Added to NRS by 1971, 2017; A 1973, 1212; 2001, 1060; 2003, 556)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.316 - Unlawful to open or maintain place for unlawful sale, gift or use of controlled substance; penalties; exceptions.

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 C felony and shall be punished as provided in NRS 193.130.
2. If a person convicted of violating this section has previously been convicted of violating this section, or if, in the case of a first conviction of violating this section, the person has been convicted of an offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under this section, the person is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 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.
3. This section does not apply to:
(a) Any rehabilitation clinic established or licensed by the Division of Public and Behavioral Health of the Department.
(b) Any cannabis consumption lounge, as defined in NRS 678A.087, whose activities are confined to those authorized in title 56 of NRS.
(c) Any person who opens or maintains any public place in which a person is authorized to consume cannabis, as defined in NRS 678A.085, or cannabis products, as defined in NRS 678A.120, pursuant to regulations adopted by the Cannabis Compliance Board pursuant to NRS 678B.645, and whose activities are confined to those authorized by such regulations.
(Added to NRS by 1971, 2018; A 1973, 1406; 1977, 1410; 1979, 1471; 1995, 1281; 2019, 4465; 2021, 2388)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.324 - Unlawful to possess or dispose of methamphetamine manufacturing waste; exception; penalty.

1. Except as otherwise provided in subsection 2, a person who knowingly possesses or disposes of methamphetamine manufacturing waste is guilty of a category C felony and shall be punished as provided in NRS 193.130.
2. A person does not violate subsection 1 if the person:
(a) Possesses or disposes of the methamphetamine manufacturing waste pursuant to state or federal laws regulating the storage, cleanup or disposal of waste products from unlawful methamphetamine manufacturing;
(b) Has notified a law enforcement agency of the existence of the methamphetamine manufacturing waste; or
(c) Possesses or disposes of methamphetamine manufacturing waste that had previously been disposed of by another person on the person’s property in violation of subsection 1.
3. As used in this section:
(a) "Disposes of" means to discharge, deposit, inject, spill, leak or place methamphetamine manufacturing waste into or onto land or water.
(b) "Methamphetamine manufacturing waste" means chemical waste or debris, used in or resulting from:
(1) The manufacture of any material, compound, mixture or preparation which contains any quantity of methamphetamine; or
(2) The grinding, soaking or otherwise breaking down of a substance that is a precursor for the manufacture of any material, compound, mixture or preparation which contains any quantity of methamphetamine.
(Added to NRS by 2007, 3125)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.326 - Unlawful acts relating to recordkeeping, inspections and knowingly keeping or maintaining place where controlled substances are unlawfully used, kept or sold; penalty.

1. It is unlawful for a person:
(a) To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under the provisions of NRS 453.011 to 453.552, inclusive;
(b) To refuse an entry into any premises for any inspection authorized by the provisions of NRS 453.011 to 453.552, inclusive; or
(c) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft or other structure or place which is resorted to by persons using controlled substances in violation of the provisions of NRS 453.011 to 453.552, inclusive, for the purpose of using these substances, or which is used for keeping or selling them in violation of those sections.
2. A person who violates this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 1971, 2019; A 1973, 1214; 1979, 1472; 1995, 1283; 1999, 2638; 2001, 1060; 2003, 557)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.331 - Unlawful acts relating to distribution of certain controlled substances by registrants, use of unauthorized registration number and possession of signed blank prescription forms; certain fraudulent acts prohibited; penalty.

1. It is unlawful for a person knowingly or intentionally to:
(a) Distribute as a registrant a controlled substance classified in schedule I or II, except pursuant to an order form as required by NRS 453.251;
(b) Use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended or issued to another person;
(c) Assume falsely the title of or represent himself or herself as a registrant or other person authorized to possess controlled substances;
(d) Acquire or obtain or attempt to acquire or obtain possession of a controlled substance or a prescription for a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge or alteration;
(e) Furnish false or fraudulent material information in, or omit any material information from, any application, report or other document required to be kept or filed under the provisions of NRS 453.011 to 453.552, inclusive, or any record required to be kept by those sections;
(f) Sign the name of a fictitious person or of another person on any prescription for a controlled substance or falsely make, alter, forge, utter, publish or pass, as genuine, any prescription for a controlled substance;
(g) Make, distribute or possess any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name or other identifying mark, imprint or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance;
(h) Possess prescription blanks which have been signed before being filled out; or
(i) Make a false representation to a pharmacist for the purpose of obtaining a controlled substance for which a prescription is required.
2. A person who violates this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 1971, 2019; A 1973, 1214; 1975, 988; 1979, 1318; 1981, 1962; 1985, 886; 1987, 950; 1995, 1283)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.332 - Unlawful acts relating to imitation controlled substances; penalties.

1. Except as otherwise provided in subsection 6, it is unlawful for a person to manufacture, distribute, sell or possess with the intent to distribute or sell an imitation controlled substance.
2. Except as otherwise provided in subsection 3, a person who violates subsection 1 is guilty of a misdemeanor.
3. A person who is 18 years of age or older who distributes or sells an imitation controlled substance to a person who is under the age of 18 years is guilty of a category C felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court may order the convicted person to pay restitution for any reasonable costs incurred for the participation of the person to whom he or she distributed or sold the imitation controlled substance in a program for the treatment of substance use disorders. 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,
is guilty of a gross misdemeanor upon the person’s first and second convictions, and upon a third or any further conviction, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
5. For the purposes of this section:
(a) "Distribute" means the actual, constructive or attempted transfer, delivery or dispensing to another of an imitation controlled substance.
(b) "Imitation controlled substance" means a substance, not a controlled substance, which:
(1) In the form distributed is shaped, marked or colored so as to lead a reasonable person to believe it is a controlled substance; or
(2) Is represented to be a controlled substance. In determining whether such a representation was made, the court shall consider, in addition to all other logically relevant factors:
(I) Statements made by the defendant regarding the nature of the substance, its use or effect.
(II) Statements made by the defendant regarding the recipient’s ability to resell the substance at a substantially higher price than is customary for the substance.
(III) Whether the substance is packaged in a manner normally used for illicit controlled substances.
6. This section does not apply to the manufacture, distribution, sale or possession of an imitation controlled substance for use as a placebo by a practitioner in the course of his or her professional practice or research.
(Added to NRS by 1983, 920; A 1995, 1284; 1999, 748)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.333 - Penalties for making available controlled substance which causes death.

If the death of a person is proximately caused by a controlled substance which was sold, given, traded or otherwise made available to him or her by another person in violation of this chapter, the person who sold, gave or traded or otherwise made the substance available to him or her is guilty of murder. If convicted of murder in the second degree, the person is guilty of a category A felony and shall be punished as provided in subsection 5 of NRS 200.030. If convicted of murder in the first degree, the person is guilty of a category A felony and shall be punished as provided in subsection 4 of NRS 200.030, except that the punishment of death may be imposed only if the requirements of paragraph (a) of subsection 4 of that section have been met and if the defendant is or has previously been convicted of violating NRS 453.3385, 453.3387 or 453.339 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; 2019, 4468; 2023, 2891)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.3335 - Additional penalty for failing to render or seek medical assistance for person injured or killed by use of controlled substance under certain circumstances.

1. Except as otherwise provided in NRS 193.169, a defendant who is found guilty of violating NRS 453.321 or 453.333 where:
(a) The use of the controlled substance by a person resulted in death or substantial bodily harm to the person;
(b) The defendant was in the presence of the injured person when the injured person manifested an adverse physical reaction to the controlled substance; and
(c) The defendant failed to render or seek necessary medical assistance for the injured person in a timely manner,
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)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.334 - Penalty for second or subsequent offense of sale of controlled substance to minor.

Unless a greater penalty is provided in NRS 453.333, a person who is convicted of selling a controlled substance to a minor in violation of this chapter is guilty of a category A felony and shall be punished for a second or subsequent violation by imprisonment in the state prison:
1. For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served; or
2. For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served,
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 substance use disorders. 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)