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2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.371 - Definitions.

As used in NRS 453.371 to 453.552, inclusive:
1. "Medical intern" means a medical graduate acting as an assistant in a hospital for the purpose of clinical training.
2. "Pharmacist" means a person who holds a certificate of registration issued pursuant to NRS 639.127 and is registered with the Board.
3. "Physician," "dentist," "podiatric physician," "veterinarian" and "euthanasia technician" mean persons authorized by a license to practice their respective professions in this State who are registered with the Board.
4. "Physician assistant" means a person who is registered with the Board and:
(a) Holds a license issued pursuant to NRS 630.273; or
(b) Holds a license issued pursuant to NRS 633.433.
(Added to NRS by 1971, 2022; A 1973, 584; 1977, 964; 1979, 1668; 1981, 743; 1985, 295; 1989, 539; 1993, 2235; 1995, 1720; 2001, 411, 786, 798; 2007, 1865; 2013, 2085)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.377 - Authority to dispense controlled substances.

A controlled substance may be dispensed by:
1. A registered pharmacist upon a legal prescription from a practitioner or to a pharmacy in a correctional institution upon the written order of the prescribing practitioner in charge.
2. A pharmacy in a correctional institution, in case of emergency, upon a written order signed by the chief medical officer.
3. A practitioner.
4. A registered nurse, when the state, county, city or district health officer has declared a state of emergency.
5. A medical intern in the course of his or her internship.
6. A pharmacy in an institution of the Department of Corrections to a person designated by the Director of the Department of Corrections to administer a lethal injection to a person who has been sentenced to death.
7. A registered pharmacist from an institutional pharmacy, pursuant to regulations adopted by the Board.
(Added to NRS by 1979, 1673; A 1981, 744; 1983, 1514; 1987, 1655, 2239; 1991, 794; 1995, 1721; 2001, 411; 2001 Special Session, 242, 250)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.381 - Limitations on prescribing, possessing, administering, transporting and dispensing controlled substances.

1. In addition to the limitations imposed by NRS 453.256 and 453.3611 to 453.3648, inclusive, a physician, physician assistant, dentist, advanced practice registered nurse, certified registered nurse anesthetist, podiatric physician or pharmacist registered pursuant to NRS 639.28079 may prescribe or administer controlled substances only for a legitimate medical purpose and in the usual course of his or her professional practice, and he or she shall not prescribe, administer or dispense a controlled substance listed in schedule II for himself or herself, his or her spouse or his or her children except in cases of emergency.
2. A veterinarian, in the course of his or her professional practice only, and not for use by a human being, may prescribe, possess and administer controlled substances, and the veterinarian may cause them to be administered by a veterinary technician under the direction and supervision of the veterinarian.
3. A euthanasia technician, within the scope of his or her license, and not for use by a human being, may possess and administer sodium pentobarbital.
4. A pharmacist shall not fill an order which purports to be a prescription if the pharmacist has reason to believe that it was not issued in the usual course of the professional practice of a physician, physician assistant, dentist, advanced practice registered nurse, certified registered nurse anesthetist, podiatric physician, pharmacist registered pursuant to NRS 639.28079 or veterinarian.
5. Any person who has obtained from a physician, physician assistant, dentist, advanced practice registered nurse, certified registered nurse anesthetist, podiatric physician, pharmacist registered pursuant to NRS 639.28079 or veterinarian any controlled substance for administration to a patient during the absence of the physician, physician assistant, dentist, advanced practice registered nurse, certified registered nurse anesthetist, podiatric physician, pharmacist or veterinarian shall return to him or her any unused portion of the substance when it is no longer required by the patient.
6. A manufacturer, wholesale supplier or other person legally able to furnish or sell any controlled substance listed in schedule II shall not provide samples of such a controlled substance to registrants.
7. A salesperson of any manufacturer or wholesaler of pharmaceuticals shall not possess, transport or furnish any controlled substance listed in schedule II.
8. A person shall not dispense a controlled substance in violation of a regulation adopted by the Board.
(Added to NRS by 1971, 2022; A 1973, 1406; 1975, 989; 1977, 670; 1979, 1668; 1981, 562, 745, 1964; 1987, 806; 1989, 539; 1991, 1164, 1663; 1993, 2235; 1995, 1690, 1722; 1997, 546; 2001, 412, 787, 1062, 1069; 2003, 559; 2013, 2086; 2023, 1451, 2360)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.385 - Adoption of regulations governing prescriptions for controlled substances; compliance with federal law.

1. Each prescription for a controlled substance must comply with the regulations of the Board adopted pursuant to subsection 2.
2. The Board shall, by regulation, adopt requirements for:
(a) The form and content of a prescription for a controlled substance. The requirements may vary depending upon the schedule of the controlled substance.
(b) Transmitting a prescription for a controlled substance to a pharmacy. The requirements may vary depending upon the schedule of the controlled substance.
(c) The form and contents of an order for a controlled substance given for a patient in a medical facility and the requirements for keeping records of such orders.
3. Except as otherwise provided in this subsection, the regulations adopted pursuant to subsection 2 must:
(a) Ensure compliance with, but may be more stringent than required by, applicable federal law governing controlled substances and the rules, regulations and orders of any federal agency administering such law. The regulations adopted pursuant to paragraph (b) of subsection 2 for the electronic transmission or transmission by a facsimile machine of a prescription for a controlled substance must not be more stringent than federal law governing the electronic transmission or transmission by a facsimile machine of a prescription for a controlled substance or the rules, regulations or orders of any federal agency administering such law; and
(b) Be consistent with the provisions of NRS 439.581 to 439.597, inclusive, and 639.23535 and the regulations adopted pursuant thereto.
(Added to NRS by 1979, 1673; A 1981, 745, 1965; 1983, 1514; 1987, 1656; 1991, 1955; 1993, 635; 1995, 300; 1997, 691; 1999, 246; 2001, 837, 1629; 2011, 1760; 2019, 2214)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.391 - Unlawful taking or obtaining of controlled substance or prescription.

A person shall not:
1. Unlawfully take, obtain or attempt to take or obtain a controlled substance or a prescription for a controlled substance from a manufacturer, wholesaler, pharmacist, physician, physician assistant, dentist, advanced practice registered nurse, certified registered nurse anesthetist, veterinarian or any other person authorized to administer, dispense or possess controlled substances.
2. While undergoing treatment and being supplied with any controlled substance or a prescription for any controlled substance from one practitioner, knowingly obtain any controlled substance or a prescription for a controlled substance from another practitioner without disclosing this fact to the second practitioner.
(Added to NRS by 1971, 2023; A 1973, 1217; 1981, 1965; 1985, 336; 1993, 636; 1995, 1722; 2001, 412, 788, 799; 2013, 2087; 2023, 1451)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.401 - Penalties for conspiracy.

1. Except as otherwise provided in subsections 3 and 4, if two or more persons conspire to commit an offense which is a felony under the Uniform Controlled Substances Act or conspire to defraud the State of Nevada or an agency of the State in connection with its enforcement of the Uniform Controlled Substances Act, and one of the conspirators does an act in furtherance of the conspiracy, each conspirator:
(a) For a first offense, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
(b) For a second offense, or if, in the case of a first conviction of violating this subsection, the conspirator has previously been convicted of a felony under the Uniform Controlled Substances Act or of an offense under the laws of the United States or of any state, territory or district which if committed in this State, would amount to a felony under the Uniform Controlled Substances Act, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
(c) For a third or subsequent offense, or if the conspirator has previously been convicted two or more times of a felony under the Uniform Controlled Substances Act or of an offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under the Uniform Controlled Substances Act, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $20,000 for each offense.
2. Except as otherwise provided in subsection 3, if two or more persons conspire to commit an offense in violation of the Uniform Controlled Substances Act and the offense does not constitute a felony, and one of the conspirators does an act in furtherance of the conspiracy, each conspirator shall be punished by imprisonment, or by imprisonment and fine, for not more than the maximum punishment provided for the offense which they conspired to commit.
3. If two or more persons conspire to possess more than 1 ounce of marijuana unlawfully, except for the purpose of sale, and one of the conspirators does an act in furtherance of the conspiracy, each conspirator is guilty of a gross misdemeanor.
4. If the conspiracy subjects the conspirators to criminal liability under NRS 207.400, the persons so conspiring shall be punished in the manner provided in NRS 207.400.
5. The court shall not grant probation to or suspend the sentence of a person convicted of violating this section and punishable pursuant to paragraph (b) or (c) of subsection 1.
6. As used in this section, "marijuana" does not include concentrated cannabis.
(Added to NRS by 1971, 2023; A 1973, 1217; 1977, 153, 1415; 1983, 1502; 1995, 1289; 2001, 3069; 2015, 3090)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.411 - Unlawful use of controlled substance; penalty.

1. It is unlawful for a person knowingly to use or be under the influence of a controlled substance except in accordance with a lawfully issued prescription.
2. It is unlawful for a person knowingly to use or be under the influence of a controlled substance except when administered to the person at a rehabilitation clinic established or licensed by the Division of Public and Behavioral Health of the Department, or a hospital certified by the Department.
3. Unless a greater penalty is provided in NRS 212.160, a person who violates this section shall be punished for a misdemeanor.
(Added to NRS by 1971, 2023; A 1973, 1406; 1979, 1475; 1981, 745; 1993, 2236; 1995, 1290, 1723; 1997, 546; 2013, 987; 2019, 4475)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.421 - Penalty for violation of NRS 453.371 to 453.391, inclusive.

A person who violates any provision of NRS 453.371 to 453.391, inclusive, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 1971, 2023; A 1977, 1416; 1979, 1475; 1995, 1291)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.431 - Unlawful acts relating to filling and refilling prescriptions and obtaining controlled substance or prescription; authorization to request proper identification from person requesting controlled substance.

1. A pharmacist shall not knowingly fill or refill any prescription for a controlled substance for use by a person other than the person for whom the prescription was originally issued.
2. A person shall not furnish a false name or address while attempting to obtain a controlled substance or a prescription for a controlled substance. A person prescribing, administering or dispensing a controlled substance may request proper identification from a person requesting controlled substances.
3. A pharmacist shall not fill a prescription for a controlled substance if the prescription shows evidence of alteration, erasure or addition, unless the pharmacist obtains approval of the practitioner who issued the prescription.
4. A pharmacist shall not fill a prescription for a controlled substance classified in schedule II unless it is tendered on or before the 14th day after the date of issue. This subsection does not prohibit a practitioner from issuing a prescription on which the practitioner indicates that the prescription may not be filled until the date indicated on the prescription, which must not be later than 6 months after the date the prescription is issued.
5. A person who violates this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 1971, 2023; A 1981, 1965; 1995, 1291; 2003, 2295)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.505 - Controlled substance for which prescription is not required: Violation of regulation by pharmacist; misrepresentation to pharmacist to obtain controlled substance; penalties.

1. Any pharmacist who violates any regulation of the Board regulating the dispensing of a controlled substance for which a prescription is not required is guilty of a gross misdemeanor.
2. Any person who knowingly or intentionally makes a false representation to a pharmacist for the purpose of obtaining a controlled substance for which a prescription is not required is guilty of a gross misdemeanor.
(Added to NRS by 1985, 886)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.521 - Unlawful possession or sale of nasal inhaler; exception.

It is unlawful for any person within this State to possess, sell, offer to sell or hold for the purpose of sale or resale any nasal inhaler which contains any controlled substance capable of causing stimulation to the central nervous system unless:
1. The product contains a denaturant in sufficient quantity to render it unfit for internal use; and
2. The product is among such products listed as approved by the Board in the regulations officially adopted by the Board.
(Added to NRS by 1971, 2025; A 1973, 1217)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.541 - Sacramental use of peyote permitted.

The criminal sanction provided in NRS 453.011 to 453.552, inclusive, does not apply to that plant of the genus
Lophophora
commonly known as peyote when such drug is used as the sacrament in religious rites of any bona fide religious organization.
(Added to NRS by 1971, 2025; A 1973, 1217; 2001, 1062; 2003, 559)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.551 - Immunity for acts in performance of official duties.

All agents or inspectors of the Board or Division, peace officers, and the Attorney General, district attorneys and their deputies while investigating violations of the provisions of NRS 453.011 to 453.552, inclusive, in performance of their official duties, and any person working under their immediate direction, supervision or instruction are immune from prosecution under the provisions of such sections for acts which would otherwise be unlawful under such provisions but which are reasonably necessary in the performance of their official duties.
(Added to NRS by 1971, 2025; A 1973, 1217; 2001, 1062; 2003, 559)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.552 - Criminal penalties additional to civil penalties or sanctions.

1. Any penalty imposed for violation of NRS 453.011 to 453.551, inclusive, is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.
2. Any violation of the provisions of NRS 453.011 to 453.551, inclusive, where no other penalty is specifically provided, is a misdemeanor.
(Added to NRS by 1971, 2022; A 1973, 583; 2001, 1063; 2003, 560; 2015, 1559; 2017, 1180)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.553 - Action to recover civil penalty: Persons liable for civil penalty; action to be brought by Attorney General or district attorney; definitions.

1. In addition to any criminal penalty imposed for a violation of the provisions of NRS 453.011 to 453.552, inclusive, any person who violates NRS 453.324, 453.354, 453.355 or 453.357, unlawfully sells, manufactures, delivers or brings into this State, possesses for sale or participates in any way in a sale of a controlled substance listed in schedule I, II or III or who engages in any act or transaction in violation of the provisions of NRS 453.3611 to 453.3648, inclusive, is subject to a civil penalty for each violation. This penalty must be recovered in a civil action, brought in the name of the State of Nevada by the Attorney General or by any district attorney in a court of competent jurisdiction.
2. As used in NRS 453.553 to 453.5533, inclusive:
(a) "Each violation" includes a continuous or repetitive violation arising out of the same act.
(b) "Sell" includes exchange, barter, solicitation or receipt of an order, transfer to another for sale or resale and any other transfer for any consideration or a promise obtained directly or indirectly.
(c) "Substitute" means a substance which:
(1) Was manufactured by a person who at the time was not currently registered with the Secretary of Health and Human Services; and
(2) Is an imitation of or intended for use as a substitute for a substance listed in schedule I, II or III.
(Added to NRS by 1985, 2042; A 1999, 2640; 2001, 1063; 2003, 560; 2007, 777, 3127)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.5531 - Action to recover civil penalty: Amount of money recoverable as civil penalty.

1. The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving marijuana, to a civil penalty in an amount:
(a) Not to exceed $350,000, if the quantity involved is 100 pounds or more, but less than 2,000 pounds.
(b) Not to exceed $700,000, if the quantity involved is 2,000 pounds or more, but less than 10,000 pounds.
(c) Not to exceed $1,000,000, if the quantity involved is 10,000 pounds or more.
2. The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving a controlled substance, except marijuana, which is listed in schedule I or a substitute therefor, to a civil penalty in an amount not to exceed $1,000,000, if the quantity involved is 100 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 not to exceed $1,000,000, if the quantity involved is 400 grams or more.
4. Unless a greater civil penalty is authorized by another provision of this section, the State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving any act or transaction in violation of the provisions of NRS 453.3611 to 453.3648, inclusive, to a civil penalty in an amount not to exceed $350,000.
5. The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving any act or transaction in violation of the provisions of NRS 453.324, 453.354, 453.355 or 453.357, to a civil penalty in an amount not to exceed $250,000 for each violation.
6. As used in this section, "marijuana" does not include concentrated cannabis.
(Added to NRS by 1985, 2042; A 2001, 1063; 2003, 560; 2007, 777, 3127; 2015, 3090; 2019, 4475)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.5532 - Money collected as civil penalty: Limitations on use.

1. Any money collected as a civil penalty pursuant to NRS 453.5531 must be used to pay the actual cost of prosecution, court costs and costs incurred for the disposal of any hazardous waste pursuant to NRS 459.400 to 459.600, inclusive, in connection with the violation for which the penalty was imposed. Any amount remaining from the penalty must be deposited with the State Treasurer for credit to the State General Fund.
2. The money deposited in the State General Fund pursuant to subsection 1 must be accounted for separately. One-half of the money must be used only for the enforcement of chapter 453 of NRS and the other half must be used for rehabilitation of persons who have substance use disorders relating to controlled substances.
(Added to NRS by 1985, 2043; A 1987, 546)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.5533 - Limitation on action to recover civil penalty; effect of criminal proceeding on civil action.

1. A civil action brought pursuant to NRS 453.553 must be brought within 3 years after the conduct in violation of the provisions of NRS 453.011 to 453.552, inclusive, occurs.
2. Such a civil action is not barred by a prior acquittal of the defendant in a criminal action arising out of the same act, transaction or occurrence. A final judgment or decree rendered in favor of the State in any criminal proceeding arising out of the same act, transaction or occurrence estops the defendant in a subsequent civil action from denying the essential allegations of the criminal offense.
(Added to NRS by 1985, 2043; A 2001, 1064; 2003, 561; 2007, 778, 3128)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.556 - Factors for identifying object as item of drug paraphernalia.

In determining whether an object is an item of drug paraphernalia, a court or other authority, as the case may be, shall consider, in addition to all other logically relevant factors, the following:
1. Statements by an owner or by anyone in control of the object concerning its use;
2. Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;
3. The proximity of the object, in time and space, to a direct violation of this chapter;
4. The proximity of the object to controlled substances;
5. The existence of any residue of controlled substances on the object;
6. Direct or circumstantial evidence of the intent of any owner, or of anyone in control of the object, to deliver it to persons whom he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter;
7. Instructions, oral or written, provided with the object concerning its use;
8. Descriptive materials accompanying the object which explain or depict its use;
9. National and local advertising concerning its use;
10. The manner in which the object is displayed for sale;
11. Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise; and
12. Expert testimony concerning its use.
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)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.557 - Provision, administration or use of testing product not unlawful; immunity from professional sanction or civil liability.

1. It is not unlawful to provide, administer or use a testing product to assist a person in determining whether a controlled substance contains chemicals, toxic substances or hazardous compounds.
2. A person or entity who, acting in good faith and with reasonable care, provides, administers or uses a testing product to assist another person in determining whether a controlled substance contains chemicals, toxic substances or hazardous compounds is immune from sanction under any professional licensing statute and civil liability for such an act.
3. As used in this section, "testing product" has the meaning ascribed to it in NRS 453.554.
(Added to NRS by 2021, 894)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.558 - Injunctions.

The district attorney or city attorney of any county or city, respectively, in which there is drug paraphernalia, may file a complaint in the district court seeking to enjoin the possessor and owner of the drug paraphernalia from delivering or selling, or possessing with intent to deliver or sell, any drug paraphernalia.
(Added to NRS by 1981, 408)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.560 - Unlawful delivery, sale, possession or manufacture.

Unless a greater penalty is provided in NRS 212.160, a person who delivers or sells, possesses with the intent to deliver or sell, or manufactures with the intent to deliver or sell any drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this chapter is guilty of a category E felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 1981, 407; A 1995, 1291; 2013, 3175)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.562 - Unlawful delivery to minor.

A person 18 years of age or older who violates NRS 453.560 by delivering drug paraphernalia to a person under 18 years of age who is at least 3 years his or her junior is guilty of a category C felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court may order the convicted person to pay restitution for any reasonable costs incurred for the participation of the person to whom he or she delivered the paraphernalia in a program for the treatment of 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 paraphernalia was delivered that such restitution has been ordered.
(Added to NRS by 1981, 407; A 1995, 1292; 1999, 749)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.564 - Unlawful advertising.

Any person who places in any printed publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia is guilty of a misdemeanor.
(Added to NRS by 1981, 408)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.566 - Unlawful use or possession.

Any person who uses, or possesses with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this chapter is guilty of a misdemeanor.
(Added to NRS by 1981, 407; A 2013, 3176)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.570 - Amount of controlled substance needed to sustain conviction for prohibited offense.

The amount of a controlled substance needed to sustain a conviction of a person for an offense prohibited by the provisions of NRS 453.011 to 453.552, inclusive, is that amount necessary for identification as a controlled substance by a witness qualified to make such identification.
(Added to NRS by 1971, 359; A 1973, 1218; 2001, 1064; 2003, 561)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.572 - Prohibition on production, distribution, sale or offering to sell synthetic cannabinoid.

1. A person shall not produce, distribute, sell or offer to sell in this State any synthetic cannabinoid.
2. As used in this section, "synthetic cannabinoid" has the meaning ascribed to it in NRS 678A.239.
(Added to NRS by 2021, 3155)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.575 - Fee for analysis of controlled substance or other substance or drug: Inclusion in sentence of offender; distribution and use of proceeds.

1. If a defendant pleads guilty or guilty but mentally ill to, or is found guilty or guilty but mentally ill of, any violation of this chapter and an analysis of a controlled substance or other substance or drug was performed in relation to the defendant’s case, the court shall include in the sentence an order that the defendant pay the sum of $60 as a fee for the analysis of the controlled substance or other substance or drug.
2. Except as otherwise provided in this subsection, any money collected for such an analysis must not be deducted from, and is in addition to, any fine otherwise imposed by the court and must be:
(a) Collected from the defendant before or at the same time that the fine is collected.
(b) Stated separately in the judgment of the court or on the court’s docket.
3. The money collected pursuant to subsection 1 in any district, municipal or justice court must be paid by the clerk of the court to the county or city treasurer, as appropriate, on or before the fifth day of each month for the preceding month.
4. The board of county commissioners of each county shall by ordinance create in the county treasury a fund to be designated as the fund for forensic services. The governing body of each city shall create in the city treasury a fund to be designated as the fund for forensic services. Upon receipt, the county or city treasurer, as appropriate, shall deposit any fee for the analyses of controlled substances or other substances or drugs in the fund. The money from such deposits must be accounted for separately within the fund.
5. Except as otherwise provided in subsection 6, each month the treasurer shall, from the money credited to the fund pursuant to subsection 3, pay any amount owed for forensic services and deposit any remaining money in the county or city general fund, as appropriate.
6. In counties which do not receive forensic services under a contract with the State, the money deposited in the fund for forensic services pursuant to subsection 4 must be expended, except as otherwise provided in this subsection:
(a) To pay for the analyses of controlled substances or other substances or drugs performed in connection with criminal investigations within the county;
(b) To purchase and maintain equipment to conduct these analyses; and
(c) For the training and continuing education of the employees who conduct these analyses.
Money from the fund must not be expended to cover the costs of analyses conducted by, equipment used by or training for employees of an analytical laboratory not registered with the Drug Enforcement Administration of the United States Department of Justice.
(Added to NRS by 1987, 1397; A 1989, 1479; 1991, 272; 1993, 2464; 1995, 2469; 2001, 1064; 2003, 1488; 2007, 1447)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.577 - Authority of Board not limited by authority of other regulatory bodies.

The authority of the Board to take disciplinary action to enforce the provisions of this chapter is not limited by the authority of any other regulatory body that may be authorized or required to take disciplinary action for the same conduct with respect to any license, registration, certificate or other professional designation issued and regulated by that regulatory body.
(Added to NRS by 2019, 2140)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.578 - Reporting of certain information relating to fentanyl.

1. On or before March 1 and October 1 of each even-numbered year, each law enforcement agency and the Nevada Sentencing Commission, with the assistance of the Department of Sentencing Policy, shall submit to the Joint Interim Standing Committee on the Judiciary a report which must contain the following information, to the extent that such information is in the possession of the agency:
(a) The number of persons that were charged with a violation of NRS 453.3355 or 453.3387 in the period since the last report;
(b) For each person who has ever been charged with a violation of NRS 453.3355 or 453.3387, the following information, if the information has not been included in a previous report:
(1) The race, gender, zip code, employment status and age of the person;
(2) Whether another criminal charge was filed in the person’s case and, if so, what charge;
(3) Whether the person was represented by court-appointed counsel or otherwise determined to be indigent;
(4) The disposition of the case, including, without limitation, any sentence imposed on the person;
(5) Whether any portion of the sentence of the person was suspended or the person was granted probation and, if so:
(I) Whether the person has successfully completed the suspended sentence or probation; and
(II) Whether the suspension of sentence or probation has been revoked and, if so, whether the revocation was a result of a technical violation or a new criminal case; and
(6) Whether the court ordered the person to complete treatment for a substance use disorder and, if so, the type of treatment so ordered;
(c) The number of deaths in the period since the last report caused by a drug overdose due to fentanyl or a controlled substance analog for fentanyl that occurred in the state prison or any county or city jail or detention facility or other correctional facility in this State or while the deceased person was under a suspended sentence or on probation, parole or pretrial release; and
(d) Any significant developments in the period since the last report concerning any program of treatment implemented for the treatment of persons incarcerated in the state prison or any county, city or town jail or detention facility or other correctional facility in this State who have a substance use disorder using medication-assisted treatment and other appropriate withdrawal management care.
2. As used in this section, "law enforcement agency" means an agency, office or bureau of this State or a political subdivision of this State, the primary duty of which is to enforce the law.
(Added to NRS by 2023, 2887)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.600 - Declaration of legislative purpose.

It is the purpose of NRS 453.600 to 453.730, inclusive, to protect and promote the health, welfare and safety of the people of this State by combating the effects of narcotic use disorder and by assisting the rehabilitation of certain persons with narcotic use disorders through a comprehensive program of treatment, research and investigation.
(Added to NRS by 1971, 650)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.660 - Experimental and clinical programs; personnel; regulations.

The Division of Public and Behavioral Health of the Department shall:
1. Within the limits of available funds, including, but not limited to, legislative appropriation, develop and implement experimental and investigational pilot clinic programs for the treatment of persons with narcotic use disorders 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)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.680 - Cooperative agreements.

The Division of Public and Behavioral Health of the Department may cooperate and contract with:
1. Any agency of the Federal Government;
2. Other states;
3. Any political subdivision; or
4. Any local clinic for the treatment of narcotic use disorders whose program meets the requirements of the Food and Drug Administration and the Drug Enforcement Administration, and which is approved by the Division of Public and Behavioral Health of the Department,
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)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.690 - Information to be furnished.

1. Every person or institution authorized to dispense or administer narcotic drugs shall furnish to the Division of Public and Behavioral Health of the Department, the Investigation Division of the Department of Public Safety and the State Board of Pharmacy such information as the Division of Public and Behavioral Health or the Board may require by regulation.
2. Every public official or employee having duties to perform with respect to narcotic drugs shall furnish to the Division of Public and Behavioral Health of the Department, the Investigation Division of the Department of Public Safety and the State Board of Pharmacy such information as the regulations of the Division of Public and Behavioral Health or the Board may require.
(Added to NRS by 1971, 651; A 1979, 1670; 1981, 2014; 1985, 1996; 2001, 2625)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.700 - Application for treatment; regulations relating to voluntary submission.

1. Any person who believes himself or herself to be a person with a narcotic use disorder may make application to the Division of Public and Behavioral Health of the Department for voluntary submission to treatment maintained under the provisions of NRS 453.660.
2. The Division of Public and Behavioral Health shall adopt regulations relating to the requirements for voluntary submission under this section.
(Added to NRS by 1971, 651; A 1975, 973; 1979, 1671; 2019, 4476)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.710 - Liability for costs of treatment.

When a person with a narcotic use disorder is being treated under a program or service maintained under NRS 453.660, his or her estate or legally responsible relatives, if of sufficient ability, are liable for payment of such portion of the cost of care, treatment, rehabilitation or aftercare furnished pursuant to NRS 453.660 as may be established by a regulation of the Division of Public and Behavioral Health of the Department.
(Added to NRS by 1971, 651; A 1979, 1671)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.720 - Confidential and privileged information.

Unless otherwise requested by a person with a narcotic use disorder being treated, or a person who in the past was treated, under NRS 453.660, and except as otherwise provided in NRS 239.0115, all information in possession of the Division of Public and Behavioral Health of the Department, any rehabilitation clinic or any certified hospital concerning such person is confidential and privileged.
(Added to NRS by 1971, 652; A 1979, 1671; 2007, 2111)
2023 Nevada Revised Statutes › Chapter 453B - HIV/AIDS Drug Donation Program › NRS 453B.010 - Definitions.

As used in NRS 453B.010 to 453B.130, inclusive, unless the context otherwise requires, the words and terms defined in NRS 453B.020 to 453B.070, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2013, 2257)
2023 Nevada Revised Statutes › Chapter 453B - HIV/AIDS Drug Donation Program › NRS 453B.080 - Establishment of Program; handling fee; conditions for acceptance, distribution and dispensing of donated drugs; certain restrictions; prescription drug without lot number deemed recalled.

1. The Board shall establish and maintain the Prescription Drug Donation Program to accept, distribute and dispense prescription drugs donated to the Program.
2. Except as otherwise provided in this section, a person or governmental entity may donate any prescription drug to the Program.
3. A prescription drug may be donated to the Program at a pharmacy, medical facility, health clinic or provider of health care that participates in the Program.
4. A pharmacy, medical facility, health clinic or provider of health care that participates in the Program may charge a patient who receives a donated prescription drug a handling fee in accordance with the regulations adopted by the Board pursuant to NRS 453B.120.
5. A pharmacy, medical facility, health clinic or provider of health care that participates in the Program must establish written procedures for receiving and inspecting donated prescription drugs.
6. A prescription drug may be accepted, distributed or dispensed pursuant to the Program only if the drug:
(a) Is in its original, unopened, sealed and tamper-evident unit dose packaging or, if packaged in single-unit doses, the single-unit dose packaging is unopened;
(b) Is not adulterated or misbranded; and
(c) Bears an expiration date that is 60 days or more after the date on which the drug is donated.
7. A prescription drug donated to the Program may not be:
(a) Resold; or
(b) Designated by the donor for a specific person.
8. The provisions of this section do not require a pharmacy, medical facility, health clinic or provider of health care to participate in the Program.
9. Marijuana, as defined in NRS 453.096, or any drug that may only be dispensed to a patient registered with the manufacturer of the drug pursuant to requirements of the United States Food and Drug Administration may not be donated, accepted, distributed or dispensed pursuant to the Program.
10. A prescription drug donated to the Program that does not include a lot number shall be deemed to have been recalled if the prescription drug has the same National Drug Code assigned by the United States Food and Drug Administration as a recalled prescription drug.
(Added to NRS by 2013, 2257; A 2017, 685)
2023 Nevada Revised Statutes › Chapter 453B - HIV/AIDS Drug Donation Program › NRS 453B.090 - Maintenance and content of records; storage of drugs.

A pharmacy, medical facility, health clinic or provider of health care that participates in the Program shall:
1. Maintain the records for any prescription drug that is donated to the Program separate from all other records kept by the pharmacy, medical facility, health clinic or provider of health care. Records for any prescription drug donated to the Program must include, without limitation:
(a) The date the pharmacy, medical facility, health clinic or provider of health care received the drug;
(b) If donated by the person for whom the drug was prescribed, the date the drug was dispensed pursuant to the original prescription;
(c) If donated by the person for whom the drug was prescribed, the original prescription number of the drug;
(d) The name of the drug;
(e) The dosage of the drug;
(f) The quantity of the drug that is donated;
(g) The date of expiration of the drug;
(h) If donated by the person for whom the drug was prescribed, the name, address and telephone number of the person who originally dispensed the drug;
(i) The name, address and telephone number of the person who donated the drug; and
(j) The lot number of the drug.
2. Maintain the record of a donated prescription drug that is distributed to another pharmacy, medical facility, health clinic or provider of health care which is participating in the Program separate from all other records kept by the pharmacy, medical facility, health clinic or provider of health care. The records for any donated prescription drug distributed to another pharmacy, medical facility, health clinic or provider of health care must include, without limitation:
(a) The information required by subsection 1;
(b) The name, address and telephone number of the pharmacy, medical facility, health clinic or provider of health care that is distributing the drug;
(c) The quantity of the drug that is being distributed; and
(d) The name, address and telephone number of the pharmacy, medical facility, health clinic or provider of health care to which the drug is distributed.
3. Record and retain the name and telephone number of any person to whom a donated prescription drug is dispensed.
4. Store a prescription drug that is donated to the Program:
(a) Pursuant to the recommendations of the manufacturer of the drug concerning the storage conditions;
(b) Separate from all other drugs; and
(c) In a locked storage area.
(Added to NRS by 2013, 2258; A 2017, 686)
2023 Nevada Revised Statutes › Chapter 453B - HIV/AIDS Drug Donation Program › NRS 453B.100 - Dispensing of donated drug.

A prescription drug donated for use in the Program may only be dispensed:
1. By a pharmacist who is registered pursuant to chapter 639 of NRS;
2. Pursuant to a prescription written by a person who is authorized to write prescriptions; and
3. To a person who is eligible to receive prescription drugs dispensed pursuant to the Program.
(Added to NRS by 2013, 2259; A 2017, 687)
2023 Nevada Revised Statutes › Chapter 453B - HIV/AIDS Drug Donation Program › NRS 453B.110 - Compliance with applicable laws; authority to distribute donated drug to another participant in Program.

A pharmacy, medical facility, health clinic or provider of health care that participates in the Program:
1. Shall comply with all applicable state and federal laws concerning the storage, distribution and dispensing of any prescription drugs donated to the Program; and
2. May distribute a prescription drug donated to the Program to another pharmacy, medical facility, health clinic or provider of health care for use in the Program.
(Added to NRS by 2013, 2259; A 2017, 687)
2023 Nevada Revised Statutes › Chapter 453B - HIV/AIDS Drug Donation Program › NRS 453B.120 - Regulations.

The Board shall adopt regulations to carry out the provisions of this chapter. The regulations must prescribe, without limitation:
1. The requirements for the participation of pharmacies, medical facilities, health clinics and providers of health care in the Program. For medical facilities or providers of health care who participate in the Program by accepting, distributing or dispensing a prescription drug used to treat cancer, the requirements prescribed pursuant to this subsection must include a requirement that any such medical facility or provider of health care provide, as a regular course of practice, medical services and goods to persons with cancer.
2. The criteria for determining the eligibility of persons to receive prescription drugs dispensed pursuant to the Program.
3. The maximum fee that a pharmacy, medical facility, health clinic or provider of health care may charge to distribute or dispense prescription drugs pursuant to the Program.
4. The requirements for the written procedures established by a pharmacy, medical facility, health clinic or provider of health care for receiving and inspecting prescription drugs donated to the Program and the manner in which a pharmacy, medical facility, health clinic or provider of health care must submit such procedures for approval, including, without limitation, a requirement that a pharmacy, medical facility, health clinic or provider of health care that dispenses prescription drugs donated to the Program verify and record the eligibility of persons to receive such prescription drugs in the manner set forth in regulations adopted pursuant to subsection 2.
(Added to NRS by 2013, 2259; A 2017, 687)