reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.3345 - Additional penalty for commission of certain violations at or near school, school bus stop, recreational facilities for minors or public park.

1. Unless a greater penalty is provided in NRS 453.333 or 453.334, and except as otherwise provided in NRS 193.169, any person who violates NRS 453.321 or 453.322:
(a) On the grounds of a public or private school, a playground, public park, public swimming pool, recreational center for youths or a video arcade;
(b) On a campus of the Nevada System of Higher Education;
(c) Within 1,000 feet of the perimeter of such a school ground or campus, playground, park, pool, recreational center or arcade; or
(d) Within 1,000 feet of a school bus stop from 1 hour before school begins until 1 hour after school ends during scheduled school days,
must be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section runs consecutively with the sentence prescribed by statute for the crime.
2. This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
3. For the purposes of this section:
(a) "Playground" means any outdoor facility, intended for recreation, open to the public and in any portion thereof containing one or more apparatus intended for the recreation of children, such as a sliding board, teeterboard, sandbox or swingset.
(b) "Recreational center for youths" means a recreational facility or gymnasium which regularly provides athletic, civic or cultural activities for persons under 18 years of age.
(c) "School bus" has the meaning ascribed to it in NRS 483.160.
(d) "Video arcade" means a facility legally accessible to persons under 18 years of age, intended primarily for the use of pinball and video machines for amusement and which contains a minimum of 10 such machines.
(Added to NRS by 1989, 2066; A 1991, 1060; 1993, 406; 1999, 731, 2639; 2001, 193, 194; 2003, 383)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.3351 - Additional penalty for commission of certain violations which involve methamphetamine under certain circumstances.

1. Unless a greater penalty is provided by law, and except as otherwise provided in NRS 193.169, any person who violates NRS 453.322 or 453.3385 where the violation included the manufacture of any material, compound, mixture or preparation which contains any quantity of methamphetamine:
(a) Within 500 feet of a residence, business, church, synagogue or other place of religious worship, public or private school, campus of the Nevada System of Higher Education, playground, public park, public swimming pool or recreational center for youths; or
(b) In a manner which creates a great risk of death or substantial bodily harm to another person,
shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section runs consecutively with the sentence prescribed by statute for the crime.
2. This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
3. For the purposes of this section:
(a) "Playground" has the meaning ascribed to it in NRS 453.3345.
(b) "Recreational center for youths" has the meaning ascribed to it in NRS 453.3345.
(c) "Residence" means any house, room, apartment, tenement, manufactured home as defined in NRS 489.113, or mobile home as defined in NRS 489.120, that is designed or intended for occupancy.
(Added to NRS by 2003, 339; A 2005, 1058; 2019, 4468)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.3353 - Additional and alternative penalties for commission of certain violations which involve controlled substances other than marijuana and result in death or substantial bodily harm to another person.

1. Unless a greater penalty is provided by law, and except as otherwise provided in this section and NRS 193.169, if:
(a) A person violates NRS 453.322, 453.3385 or 453.3387, and the violation involves the manufacturing or compounding of any controlled substance other than marijuana; and
(b) During the discovery or cleanup of the premises at, on or in which the controlled substance was manufactured or compounded, another person suffers substantial bodily harm other than death as the proximate result of the manufacturing or compounding of the controlled substance,
the person who committed the offense shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the offense. The sentence prescribed by this subsection runs consecutively with the sentence prescribed by statute for the offense.
2. Unless a greater penalty is provided by law, and except as otherwise provided in NRS 193.169, if:
(a) A person violates NRS 453.322, 453.3385 or 453.3387, and the violation involves the manufacturing or compounding of any controlled substance other than marijuana; and
(b) During the discovery or cleanup of the premises at, on or in which the controlled substance was manufactured or compounded, another person suffers death as the proximate result of the manufacturing or compounding of the controlled substance,
the offense shall be deemed a category A felony and the person who committed the offense shall be punished by imprisonment in the state prison:
(1) For life without the possibility of parole;
(2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or
(3) For a definite term of 50 years, with eligibility for parole beginning when a minimum of 20 years has been served.
3. Subsection 1 does not create a separate offense but provides an additional penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact. Subsection 2 does not create a separate offense but provides an alternative penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact.
4. As used in this section:
(a) "Marijuana" does not include concentrated cannabis.
(b) "Premises" means:
(1) Any temporary or permanent structure, including, without limitation, any building, house, room, apartment, tenement, shed, carport, garage, shop, warehouse, store, mill, barn, stable, outhouse or tent; or
(2) Any conveyance, including, without limitation, any vessel, boat, vehicle, airplane, glider, house trailer, travel trailer, motor home or railroad car,
whether located aboveground or underground and whether inhabited or not.
(Added to NRS by 2005, 945; A 2015, 3086; 2019, 4469; 2023, 2891)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.3355 - Intentional misrepresentation of fentanyl product; penalties.

Unless a greater penalty is provided pursuant to NRS 453.333 or 453.334, a person who sells to another person a mixture containing fentanyl and another controlled substance and who:
1. Knows that the mixture contains fentanyl; and
2. Intentionally fails to inform the purchaser that the mixture contains fentanyl,
is guilty of intentional misrepresentation of a fentanyl product and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and by a fine of not more than $50,000.
(Added to NRS by 2023, 2887)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.3361 - Unlawful possession not for purpose of sale: Local ordinances adopting penalties for certain similar offenses; allocation of fines collected for violation of local ordinance.

1. A local authority may enact an ordinance adopting the penalties set forth for misdemeanors in NRS 453.336 for similar offenses under a local ordinance. The ordinance must set forth the manner in which money collected from fines imposed by a court for a violation of the ordinance must be disbursed in accordance with subsection 2.
2. Money collected from fines imposed by a court for a violation of an ordinance enacted pursuant to subsection 1 must be evenly allocated among:
(a) Nonprofit programs for the treatment of substance use disorders that are certified by the Division of Public and Behavioral Health of the Department;
(b) A program of treatment and rehabilitation established by a court pursuant to NRS 176A.230, if any; and
(c) Local law enforcement agencies,
in a manner determined by the court.
3. As used in this section, "local authority" means the governing board of a county, city or other political subdivision having authority to enact ordinances.
(Added to NRS by 2001, 3066; A 2019, 4471)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.3365 - Sealing of record of person convicted of possession of controlled substance not for purpose of sale; conditions.

1. Three years after a person is convicted and sentenced pursuant to subsection 3 of NRS 453.336, the court may order sealed all documents, papers and exhibits in that person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order, if the:
(a) Person fulfills the terms and conditions imposed by the court and the parole and probation officer; and
(b) Court, after a hearing, is satisfied that the person is rehabilitated.
2. Except as limited by subsection 4, after an accused is discharged from probation pursuant to NRS 453.3363, the court shall order sealed all documents, papers and exhibits in that person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order if the person fulfills the terms and conditions imposed by the court and the Division of Parole and Probation of the Department of Public Safety. The court shall order those records sealed without a hearing unless the Division of Parole and Probation petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.
3. If the court orders sealed the record of a person discharged pursuant to NRS 453.3363, it shall cause a copy of the order to be sent to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.
4. A professional licensing board is entitled, for the purpose of determining suitability for a license or liability to discipline for misconduct, to inspect and to copy from a record sealed pursuant to this section.
(Added to NRS by 1987, 759; A 1991, 1662; 1993, 1624; 2001, 2625; 2009, 421)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.337 - Unlawful possession for sale of flunitrazepam, gamma-hydroxybutyrate and schedule I or II substances; penalties.

1. Except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to possess for the purpose of sale flunitrazepam, gamma-hydroxybutyrate, any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor or any controlled substance classified in schedule I or II.
2. Unless a greater penalty is provided in NRS 453.3385, 453.3387 or 453.339, a person who violates this section shall be punished:
(a) For the first offense, for a category D felony as provided in NRS 193.130.
(b) For a second offense, or if, in the case of a first conviction of violating this section, the offender has previously been convicted of a felony under the Uniform Controlled Substances Act or of an offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under the Uniform Controlled Substances Act, for a category C felony as provided in NRS 193.130.
(c) For a third or subsequent offense, or if the offender has previously been convicted two or more times of a felony under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under the Uniform Controlled Substances Act, for a category B felony by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $20,000 for each offense.
3. Except as otherwise provided in this subsection, unless mitigating circumstances exist that warrant the granting of probation, the court shall not grant probation to or suspend the sentence of a person convicted of violating this section and punishable pursuant to paragraph (b) or (c) of subsection 2. The court shall not grant probation to or suspend the sentence of a person convicted of violating this section, even if mitigating circumstances exist that would otherwise warrant the granting of probation, if the person violated this section by possessing flunitrazepam, gamma-hydroxybutyrate or any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.
(Added to NRS by 1977, 1407; A 1981, 742; 1983, 291; 1995, 1287; 1997, 904; 2019, 4473; 2023, 2894)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.338 - Unlawful possession for sale of substances classified in schedule III, IV or V; penalties.

1. Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to possess for the purpose of sale any controlled substance classified in schedule III, IV or V.
2. A person who violates this section shall be punished:
(a) For the first and second offense, for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $10,000.
(b) For a third or subsequent offense, or if the offender has been previously convicted two or more times of a felony under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under the Uniform Controlled Substances Act, for a category C felony as provided in NRS 193.130.
3. Unless mitigating circumstances exist that warrant the granting of probation, the court shall not grant probation to or suspend the sentence of a person convicted of violating this section and punishable under paragraph (b) of subsection 2.
(Added to NRS by 1977, 1407; A 1979, 1474; 1981, 743; 1995, 1287; 1997, 523; 2019, 4473)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.3383 - Determination of weight of controlled substance for purposes of NRS 453.3385, 453.3387 and 453.339.

For the purposes of NRS 453.3385, 453.3387 and 453.339, the weight of the controlled substance as represented by the person selling or delivering it is determinative if the weight as represented is greater than the actual weight of the controlled substance.
(Added to NRS by 1985, 159; A 2019, 4474; 2023, 2894)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.3385 - Trafficking in controlled substances: Flunitrazepam, gamma-hydroxybutyrate and schedule I or II substances, except marijuana.

1. Except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, a person who knowingly or intentionally sells, manufactures, delivers or brings into this State or who is knowingly or intentionally in actual or constructive possession of flunitrazepam, gamma-hydroxybutyrate, any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor or any controlled substance which is listed in schedule I or II, except marijuana, or any mixture which contains any such controlled substance, unless a greater penalty is provided pursuant to NRS 453.322, if the quantity involved:
(a) Is 100 grams or more, but less than 400 grams, is guilty of low-level trafficking and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and by a fine of not more than $100,000.
(b) Is 400 grams or more, is guilty of high-level trafficking and shall be punished for a category A felony by imprisonment in the state prison:
(1) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or
(2) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served,
and by a fine of not more than $500,000.
2. As used in this section, "marijuana" does not include concentrated cannabis.
(Added to NRS by 1983, 287; A 1995, 1288; 1997, 905; 1999, 2639; 2015, 3088; 2019, 4474)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.3387 - Trafficking in controlled substances: Fentanyl.

Except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, a person who knowingly or intentionally sells, manufactures, delivers or brings into this State or who is knowingly or intentionally in actual or constructive possession of illicitly manufactured fentanyl, any derivative of fentanyl or any mixture which contains illicitly manufactured fentanyl or any derivative of fentanyl, unless a greater penalty is provided pursuant to NRS 453.322, if the quantity involved:
1. Is 28 grams or more, but less than 42 grams, is guilty of trafficking and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years.
2. Is 42 grams or more, but less than 100 grams, is guilty of high-level trafficking and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years.
(Added to NRS by 2023, 2887)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.339 - Trafficking in controlled substances: Marijuana or concentrated cannabis.

1. Except as otherwise provided in NRS 453.011 to 453.552, inclusive, a person who knowingly or intentionally sells, manufactures, delivers or brings into this State or who is knowingly or intentionally in actual or constructive possession of marijuana or concentrated cannabis shall be punished, if the quantity involved:
(a) Is 50 pounds or more, but less than 1,000 pounds, of marijuana or 1 pound or more, but less than 20 pounds, of concentrated cannabis, for a category C felony as provided in NRS 193.130 and by a fine of not more than $25,000.
(b) Is 1,000 pounds or more, but less than 5,000 pounds, of marijuana or 20 pounds or more, but less than 100 pounds, of concentrated cannabis, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years and by a fine of not more than $50,000.
(c) Is 5,000 pounds or more of marijuana or 100 pounds or more of concentrated cannabis, for a category A felony by imprisonment in the state prison:
(1) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served; or
(2) For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served,
and by a fine of not more than $200,000.
2. For the purposes of this section:
(a) "Marijuana" means all parts of any plant of the genus
Cannabis
, whether growing or not, except for hemp, as defined in NRS 557.160, which is grown or cultivated pursuant to the provisions of chapter 557 of NRS or any commodity or product made using such hemp. The term does not include concentrated cannabis.
(b) The weight of marijuana or concentrated cannabis is its weight when seized or as soon as practicable thereafter. If marijuana and concentrated cannabis are seized together, each must be weighed separately and treated as separate substances.
(Added to NRS by 1983, 287; A 1989, 661; 1995, 1288; 2015, 1974, 3089; 2019, 2355, 2589)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.3393 - Unlawful to produce or process marijuana or extract concentrated cannabis; exception; penalties.

1. A person shall not knowingly or intentionally manufacture, grow, plant, cultivate, harvest, dry, propagate or process marijuana, except as specifically authorized by the provisions of this chapter or title 56 of NRS.
2. Unless a greater penalty is provided in subsection 3 or NRS 453.339, a person who violates subsection 1, if the quantity involved is more than 12 marijuana plants, irrespective of whether the marijuana plants are mature or immature, is guilty of a category E felony and shall be punished as provided in NRS 193.130.
3. A person shall not knowingly or intentionally extract concentrated cannabis, except as specifically authorized by the provisions of title 56 of NRS. Unless a greater penalty is provided in NRS 453.339, a person who violates this subsection is guilty of a category D felony and shall be punished as provided in NRS 193.130.
4. If a person violates:
(a) Subsection 1 by manufacturing, growing, planting, cultivating, harvesting, drying, propagating or processing marijuana; or
(b) Subsection 3 by extracting concentrated cannabis,
and the violation causes a fire or explosion, the person shall, in addition to the term of imprisonment prescribed in this section for the underlying violation, 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 4 years.
5. In determining the length of the additional penalty imposed pursuant to subsection 4, the court shall consider the following information:
(a) The facts and circumstances of the violation;
(b) The criminal history of the person;
(c) The impact of the violation on any victim;
(d) Any mitigating factors presented by the person; and
(e) Any other relevant information.
The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.
6. The sentence prescribed by subsection 4:
(a) Must not exceed the sentence imposed for the underlying violation of subsection 1 or 3, as applicable; and
(b) Must run consecutively with the sentence imposed for the underlying violation of subsection 1 or 3, as applicable.
7. The provisions of subsection 4 do not create any separate offense but provide an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.
8. In addition to any punishment imposed pursuant to this section, the court shall order a person convicted of a violation of this section to pay all costs associated with any necessary cleanup and disposal related to the manufacturing, growing, planting, cultivation, harvesting, drying, propagation or processing of the marijuana or the extraction of concentrated cannabis.
(Added to NRS by 2013, 3700; A 2015, 3089; 2019, 3875; 2021, 1740)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.3405 - Trafficking in controlled substances: Suspended sentence limited; eligibility for parole; reduction or suspension of sentence of person assisting in investigation or prosecution of any offense; consideration of factors by court; suspension of sentence of person convicted of trafficking in fentanyl.

1. Except as otherwise provided in subsections 2 and 4, the adjudication of guilt and imposition of sentence of a person found guilty of trafficking in a controlled substance in violation of NRS 453.3385, 453.3387 or 453.339 must not be suspended and the person is not eligible for parole until the person has actually served the mandatory minimum term of imprisonment prescribed by the section under which the person was convicted.
2. The court, upon an appropriate motion, may reduce or suspend the sentence of any person convicted of violating any of the provisions of NRS 453.3385, 453.3387 or 453.339 if the court finds that the convicted person rendered substantial assistance in the investigation or prosecution of any offense. The arresting agency must be given an opportunity to be heard before the motion is granted. Upon good cause shown, the motion may be heard in camera.
3. Any appropriate reduction or suspension of a sentence pursuant to subsection 2 must be determined by the court, for reasons stated by the court that may include, without limitation, consideration of the following:
(a) The court’s evaluation of the significance and usefulness of the convicted person’s assistance, taking into consideration the prosecuting attorney’s evaluation of the assistance rendered;
(b) The truthfulness, completeness and reliability of any information or testimony provided by the convicted person;
(c) The nature and extent of the convicted person’s assistance;
(d) Any injury suffered or any danger or risk of injury to the convicted person or his or her family resulting from his or her assistance; and
(e) The timeliness of the convicted person’s assistance.
4. The court may suspend the sentence of any person convicted of violating any provision of NRS 453.3387 if the person establishes, by a preponderance of the evidence, that the person did not know that the mixture at issue contained illicitly manufactured fentanyl. If a person convicted of violating any provision of NRS 453.3387 claims that he or she did not know that the mixture at issue contained illicitly manufactured fentanyl, the court shall, at sentencing, make findings of fact and state its reasoning on the record as to whether the person has met the burden of proof pursuant to this subsection.
(Added to NRS by 1983, 288; A 1985, 159; 2009, 370; 2019, 4474; 2023, 2894)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.341 - Prosecution or proceeding under prior law unaffected.

1. Prosecution for any violation of law occurring before January 1, 1972, is not affected or abated by the provisions of NRS 453.011 to 453.552, inclusive. If the offense being prosecuted is similar to one set out in NRS 453.321 to 453.552, inclusive, then the penalties under NRS 453.321 to 453.552, inclusive, apply if they are less than those under prior law.
2. Civil seizures or forfeitures and injunctive proceedings commenced before January 1, 1972, are not affected by the provisions of NRS 453.011 to 453.552, inclusive.
3. All administrative proceedings pending under prior laws which are superseded by NRS 453.011 to 453.552, inclusive, must be continued and brought to a final determination in accord with the laws and rules in effect before January 1, 1972. Any substance controlled under prior law which is not listed within schedules I to V, inclusive, is automatically controlled without further proceedings and must be listed in the appropriate schedule.
4. The Board shall initially permit persons to register who own or operate any establishment engaged in the dispensing of any controlled substance before January 1, 1972, and who are registered or licensed by the State.
5. NRS 453.011 to 453.552, inclusive, apply to violations of law, seizures and forfeiture, injunctive proceedings, administrative proceedings and investigations which occur on or after January 1, 1972.
(Added to NRS by 1971, 2021; A 1973, 1216; 1995, 300; 1997, 510)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.346 - Effect of conviction or acquittal under federal or other state laws.

1. If a violation of NRS 453.011 to 453.552, inclusive, is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this State.
2. The provisions of subsection 1 do not prohibit any licensing board within this State from proceeding administratively to suspend or revoke any certificate, license or permit held by any person who has been convicted of a violation of any federal or state controlled substance law.
(Added to NRS by 1971, 2021; A 2001, 1061; 2003, 558)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.348 - Previous convictions.

In any proceeding brought under NRS 453.316, 453.321, 453.322, 453.333, 453.334, 453.337, 453.338 or 453.401, any previous convictions of the offender for a felony relating to controlled substances must be alleged in the indictment or information charging the primary offense, but the conviction may not be alluded to on the trial of the primary offense nor may any evidence of the previous offense be produced in the presence of the jury except as otherwise prescribed by law. If the offender pleads guilty or guilty but mentally ill to, or is convicted of, the primary offense but denies any previous conviction charged, the court shall determine the issue after hearing all relevant evidence. A certified copy of a conviction of a felony is prima facie evidence of the conviction.
(Added to NRS by 1977, 1408; A 1981, 1647; 1983, 511; 1995, 2468; 1999, 2640; 2003, 1487; 2007, 1447)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.352 - Definitions.

As used in NRS 453.352 to 453.359, inclusive, unless the context otherwise requires, the words and terms defined in NRS 453.3525, 453.353 and 453.3535 have the meanings ascribed to them in those sections.
(Added to NRS by 2007, 775, 3123)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.353 - "Product that is a precursor to methamphetamine" defined.

"Product that is a precursor to methamphetamine" means a product that contains ephedrine, pseudoephedrine or phenylpropanolamine or the salts, optical isomers or salts of optical isomers of such chemicals and may be marketed or distributed lawfully in the United States under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 301 et seq., as a nonprescription drug.
(Added to NRS by 2007, 775, 3123)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.3535 - "Retail distributor" defined.

"Retail distributor" means a grocery store, general merchandise store, drugstore, pharmacy or other entity or person whose activities as a distributor of a product that is a precursor to methamphetamine are limited exclusively or almost exclusively to sales for personal use by an ultimate user, both in number of sales and volume of sales, either directly to walk-in customers or in face-to-face transactions by direct sales.
(Added to NRS by 2007, 775, 3123)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.354 - Manner of keeping, storing or placing methamphetamine precursor.

A retail distributor shall keep, store or place a product that is a precursor to methamphetamine in a locked case or cabinet or behind a counter so that the public does not have direct access to the product before a sale or transfer is made.
(Added to NRS by 2007, 775, 3123)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.355 - Limitations on sale or transfer of methamphetamine precursor by retail distributor; exception.

1. Except as otherwise provided in subsection 2, a retail distributor shall not:
(a) Sell or transfer to the same person during any calendar day, without regard to the number of transactions, more than 3.6 grams of ephedrine base, pseudoephedrine base or phenylpropanolamine base or the salts, optical isomers or salts of optical isomers of such chemicals in a product that is a precursor to methamphetamine.
(b) Sell or transfer to the same person during any 30-day period, without regard to the number of transactions, more than 9 grams of ephedrine base, pseudoephedrine base or phenylpropanolamine base or the salts, optical isomers or salts of optical isomers of such chemicals in a product that is a precursor to methamphetamine.
(c) Sell at retail and in nonliquid form a product that is a precursor to methamphetamine, including, without limitation, gel caps, unless:
(1) The product is packaged in blister packs, each blister containing not more than two dosage units; or
(2) If the use of blister packs is technically infeasible, the product is packaged in unit dosage packets or pouches.
2. The provisions of subsection 1 do not apply if:
(a) Pursuant to 21 U.S.C. § 830(e)(3), the Attorney General of the United States has determined that a product that is a precursor to methamphetamine cannot be used to manufacture methamphetamine and provided by regulation that the product is exempt from the provisions of 21 U.S.C. § 830(d).
(b) The person who seeks to obtain a product that is a precursor to methamphetamine has a valid prescription for the product.
(Added to NRS by 2007, 775, 3123; A 2013, 378)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.357 - Retail distributor to maintain logbook; information required to be entered in logbook at time of sale or transfer of methamphetamine precursor; requirements for sale or transfer of methamphetamine precursor; notice concerning entering false statement or representation in logbook; maintenance of entries in logbook; limitation on accessing, using, sharing or disclosing information in logbook.

1. A retail distributor shall maintain a logbook.
2. At the time of the sale or transfer of a product that is a precursor to methamphetamine, a retail distributor shall ensure that the following information is entered in the logbook:
(a) The name of the product sold or transferred;
(b) The quantity of the product sold or transferred;
(c) The name and address of the purchaser or transferee;
(d) The date and time of the sale or transfer; and
(e) The type and number of the identification presented by the purchaser or transferee pursuant to paragraph (a) of subsection 3.
3. A retail distributor shall not sell or transfer a product that is a precursor to methamphetamine unless:
(a) The prospective purchaser or transferee:
(1) Presents an identification card which provides a photograph and which is issued by the Federal Government, this State or any other state or a tribal government, or a document that, with respect to identification, is considered acceptable pursuant to 21 U.S.C. § 830(e)(1); and
(2) Signs his or her name in the logbook.
(b) The retail distributor:
(1) Determines that the name entered in the logbook corresponds to the name provided on the identification presented by the prospective purchaser or transferee; and
(2) Has consulted the real-time, stop sale system, if required pursuant to NRS 639.440.
4. The retail distributor must include in the logbook or otherwise post or provide to a prospective purchaser or transferee a notice that entering a false statement or representation in the logbook may subject the prospective purchaser or transferee to criminal penalties under state law, as set forth in NRS 453.359, and under federal law, as set forth in 18 U.S.C. § 1001.
5. A retail distributor shall maintain each entry in the logbook for not less than 2 years after the date on which the entry is made.
6. A retail distributor shall not access, use or share the information in the logbook unless the accessing, using or sharing of the information is allowed by federal law or unless the purpose of accessing, using or sharing the information is to ensure compliance with this chapter or to facilitate a product recall to protect the health and safety of the public.
7. Upon a request, which is made for the purpose of enforcing the provisions of NRS 453.352 to 453.359, inclusive, or 639.400 to 639.450, inclusive, by a law enforcement agency of this State or a political subdivision thereof or a law enforcement agency of the Federal Government, a retail distributor shall disclose the information in the logbook to the law enforcement agency.
(Added to NRS by 2007, 776, 3124; A 2013, 378; 2017, 1626, 2275)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.358 - Civil penalty for violation.

If a retail distributor violates any provision of NRS 453.354, 453.355 or 453.357, the retail distributor is subject to a civil penalty pursuant to the provisions of NRS 453.553 to 453.5533, inclusive.
(Added to NRS by 2007, 776, 3124)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.3585 - Limitations on acquisition of methamphetamine precursor; exception; penalties.

1. Except as otherwise provided in subsection 2, a person shall not knowingly or intentionally purchase, receive or otherwise acquire:
(a) During any calendar day more than 3.6 grams of ephedrine base, pseudoephedrine base or phenylpropanolamine base or the salts, optical isomers or salts of optical isomers of such chemicals in a product that is a precursor to methamphetamine; or
(b) During any 30-day period, more than 9 grams of ephedrine base, pseudoephedrine base or phenylpropanolamine base or the salts, optical isomers or salts of optical isomers of such chemicals in a product that is a precursor to methamphetamine.
2. The provisions of this section do not apply if the person purchasing, receiving or otherwise acquiring a product that is a precursor to methamphetamine is a pharmacy, practitioner, retail distributor, wholesale distributor or dispenser that is purchasing, receiving or otherwise acquiring the product for the purpose of administering, distributing or dispensing it in a lawful manner.
3. A person who violates any of the provisions of this section is guilty of a misdemeanor, except that:
(a) If the person violates any of the provisions of this section after a prior conviction under this chapter or the law of the United States or of any state, territory or district relating to a controlled substance has become final, the person is guilty of a gross misdemeanor; and
(b) If the person violates any of the provisions of this section after two or more prior convictions under this chapter or the law of the United States or of any state, territory or district relating to a controlled substance, or a combination of two or more such prior convictions, have become final, the person is guilty of a category D felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 2007, 776, 3125)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.3611 - Definitions.

As used in NRS 453.3611 to 453.3648, inclusive, unless the context otherwise requires, the words and terms defined in NRS 453.3615 to 453.3628, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2001, 1052)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.3618 - "Illegal Internet pharmacy" defined.

1. "Illegal Internet pharmacy" means a person located within or outside this State who is not licensed and certified by the Board pursuant to chapter 639 of NRS to engage in the practice of pharmacy via the Internet and who knowingly:
(a) Uses or attempts to use the Internet, in whole or in part, to communicate with or obtain information from another person; and
(b) Uses or attempts to use such communication or information, in whole or in part, to:
(1) Fill or refill a prescription for a prescription drug for the other person; or
(2) Deliver or cause, allow or aid in the delivery of a controlled substance, imitation controlled substance, counterfeit substance or prescription drug to the other person.
2. The term does not include a person who is authorized by the provisions of NRS 453.011 to 453.552, inclusive, to dispense or distribute, unless the person is acting outside of that authorization.
(Added to NRS by 2001, 1052)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.3625 - "Internet" defined.

1. "Internet" means:
(a) The computer network commonly known as the Internet and any other computer network that is similar to or is a predecessor or successor of the Internet; and
(b) Any identifiable site on the Internet or such other computer network.
2. The term includes, without limitation:
(a) A website or other similar site on the World Wide Web;
(b) A site that is identifiable through a Uniform Resource Location;
(c) A site on a computer network that is owned, operated, administered or controlled by a provider of Internet service;
(d) An electronic bulletin board;
(e) A list server;
(f) A newsgroup; or
(g) A chat room.
(Added to NRS by 2001, 1052)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.3628 - "Prescription drug" defined.

"Prescription drug" means:
1. A controlled substance or dangerous drug that may be dispensed to an ultimate user only pursuant to a lawful prescription; and
2. Any other substance or drug substituted for such a controlled substance or dangerous drug.
(Added to NRS by 2001, 1053)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.3633 - Circumstances under which person has "reasonable cause to believe."

For the purposes of NRS 453.3611 to 453.3648, inclusive, a person has "reasonable cause to believe" if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.
(Added to NRS by 2001, 1053)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.3635 - Applicability.

1. The provisions of NRS 453.3611 to 453.3648, inclusive, do not apply to a person who is:
(a) A common or contract carrier or warehouseman, or an employee thereof, unless the person is acting outside of the usual course of his or her business or employment and knows or has reasonable cause to believe that the act or transaction is unlawful.
(b) The intended recipient of a substance or drug, unless the intended recipient knows or has reasonable cause to believe that the act or transaction is unlawful.
2. The provisions of NRS 453.3611 to 453.3648, inclusive, do not prohibit a person from filling or refilling a prescription for a prescription drug during the period in which the prescription is valid pursuant to NRS 453.256 if the person is otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, to dispense or distribute the prescription drug.
(Added to NRS by 2001, 1053; A 2003, 558)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.3638 - Unlawful acts relating to filling or refilling prescription or delivering certain substances or drugs; aiding unlawful act prohibited; penalties; multiple punishments authorized.

1. A person who is located within this State and who owns, operates, controls, profits from or is employed or paid by an illegal Internet pharmacy shall not:
(a) Fill or refill a prescription for a prescription drug for another person located within or outside this State; or
(b) Deliver or cause, allow or aid in the delivery of a controlled substance, imitation controlled substance, counterfeit substance or prescription drug to another person located within or outside this State.
2. A person who is located outside this State, who owns, operates, controls, profits from or is employed or paid by an illegal Internet pharmacy and who knows or has reasonable cause to believe that another person is located within this State shall not:
(a) Fill or refill a prescription for a prescription drug for the other person; or
(b) Deliver or cause, allow or aid in the delivery of a controlled substance, imitation controlled substance, counterfeit substance or prescription drug to the other person.
3. A person shall not knowingly aid another person in any act or transaction that violates the provisions of this section.
4. Except as otherwise provided in subsection 5, a person who violates the provisions of this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.
5. A person who violates the provisions of this section is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $100,000, if the substance or drug involved:
(a) Is classified in schedule I; or
(b) Proximately causes substantial bodily harm to or the death of the intended recipient of the substance or drug or any other person.
6. The court shall not grant probation to or suspend the sentence of a person punished pursuant to subsection 5.
7. A person may be prosecuted, convicted and punished for a violation of this section whether or not the person is prosecuted, convicted or punished for a violation of any other statute based upon the same act or transaction.
(Added to NRS by 2001, 1053)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.3639 - Unlawful acts relating to filling or refilling prescription via Internet; exception; aiding unlawful act prohibited; penalties; penalty not exclusive.

1. Except as otherwise provided in subsection 3, a person who is located within or outside this State shall not, via the Internet, fill or refill a prescription drug if:
(a) The person has reasonable cause to believe that the prescription is being filled or refilled for a person in this State; and
(b) The prescription drug has not been lawfully imported into the United States.
2. Except as otherwise provided in subsection 3, a person who is located within or outside this State shall not, via the Internet, fill or refill a prescription drug if:
(a) The person has reasonable cause to believe that the prescription is being filled or refilled for a person in this State; and
(b) The prescription was not delivered to the person in accordance with all applicable state and federal laws, regulations and standards.
3. The provisions of this section do not prohibit a Canadian pharmacy which is licensed by the Board and which has been recommended by the Board pursuant to subsection 4 of NRS 639.2328 for inclusion on the Internet website established and maintained pursuant to paragraph (i) of subsection 1 of NRS 232.459 from dispensing prescriptions to patients located in Nevada in the manner set forth in NRS 639.2328 to 639.23286, inclusive.
4. A person shall not knowingly aid another person in any act or transaction that violates any provision of this section.
5. Except as otherwise provided in subsection 6, a person who violates any provision of this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.
6. A person who violates any provision of this section is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $100,000, if the substance or drug involved:
(a) Is classified in schedule I; or
(b) Proximately causes substantial bodily harm to or the death of the intended recipient of the substance or drug or any other person.
7. The court shall not grant probation to or suspend the sentence of a person punished pursuant to subsection 6.
8. A person may be prosecuted, convicted and punished for a violation of this section whether or not the person is prosecuted, convicted or punished for violating any other specific statute based upon the same act or transaction.
(Added to NRS by 2003, 550; A 2005, 22nd Special Session, 157; 2011, 591; 2023, 663)
2023 Nevada Revised Statutes › Chapter 453 - Controlled Substances › NRS 453.3648 - Concurrent jurisdiction of Attorney General and district attorneys to prosecute violations.

1. The Attorney General has concurrent jurisdiction with the district attorneys of this State for the enforcement of the provisions of NRS 453.3611 to 453.3648, inclusive.
2. The Attorney General may investigate and prosecute a practitioner or any other person who violates the provisions of:
(a) NRS 453.3611 to 453.3648, inclusive; and
(b) Any other statute if the violation is committed by the practitioner or person in the course of committing a violation described in paragraph (a).
3. When acting pursuant to this section, the Attorney General may commence an investigation and file a criminal action without leave of court, and the Attorney General has exclusive charge of the conduct of the prosecution.
(Added to NRS by 2001, 1055; A 2003, 558)