[Rev. 11/21/2013 11:49:23 AM--2013]

CHAPTER 453 - CONTROLLED SUBSTANCES

GENERAL PROVISIONS

NRS 453.005           Applicability of chapter to medical use of marijuana.

UNIFORM CONTROLLED SUBSTANCES ACT

General Provisions

NRS 453.011           Short title; purpose.

NRS 453.013           Uniformity of interpretation.

NRS 453.016           Definitions.

NRS 453.021           “Administer” defined.

NRS 453.023           “Advanced practice registered nurse” defined.

NRS 453.026           “Agent” defined.

NRS 453.031           “Board” defined.

NRS 453.038           “Chart order” defined.

NRS 453.039           “Compound” and “compounding” defined.

NRS 453.043           “Controlled substance analog” defined.

NRS 453.046           “Counterfeit substance” defined.

NRS 453.051           “Deliver” and “delivery” defined.

NRS 453.053           “Department” defined.

NRS 453.056           “Dispense” defined.

NRS 453.061           “Dispenser” defined.

NRS 453.066           “Distribute” defined.

NRS 453.071           “Distributor” defined.

NRS 453.076           “Division” defined.

NRS 453.081           “Drug” defined.

NRS 453.082           “Drug Enforcement Administration” defined.

NRS 453.083           “Fill” defined.

NRS 453.085           “Hospital” defined.

NRS 453.086           “Immediate precursor” defined.

NRS 453.087           “Institutional pharmacy” defined.

NRS 453.0875         “Isomer” defined.

NRS 453.091           “Manufacture” defined.

NRS 453.096           “Marijuana” defined.

NRS 453.098           “Narcotic addict” defined.

NRS 453.099           “Narcotic addiction” defined.

NRS 453.101           “Narcotic drug” defined.

NRS 453.106           “Opiate” defined.

NRS 453.111           “Opium poppy” defined.

NRS 453.113           “Person” defined.

NRS 453.117           “Pharmacy” defined.

NRS 453.118           “Pharmacy in a correctional institution” defined.

NRS 453.121           “Poppy straw” defined.

NRS 453.126           “Practitioner” defined.

NRS 453.128           “Prescription” defined.

NRS 453.131           “Production” defined.

NRS 453.134           “Refill” defined.

NRS 453.136           “State” defined.

NRS 453.137           “Steroid” defined.

NRS 453.141           “Ultimate user” defined.

NRS 453.146           Powers and duties of Board.

NRS 453.151           Cooperative arrangements; confidentiality of information.

NRS 453.153           Cooperation between Board and Division required.

NRS 453.154           Division required to prepare certain reports concerning controlled substances; Division and Board may enter into agreements with public agencies; requirements.

NRS 453.1545         Development of computerized program to track prescriptions for controlled substances; course of training required for persons who access database; reporting of illegal activity; agreements with state agency of another state to receive or exchange information obtained by program; confidentiality of information obtained from program; immunity from liability for practitioner who transmits certain required information and reports; gifts, grants and donations.

NRS 453.155           Programs for research and education.

NRS 453.157           Confidentiality of information concerning research or medical practice.

NRS 453.159           Existing orders or regulations unaffected.

 

Schedules

NRS 453.166           Schedule I tests.

NRS 453.176           Schedule II tests.

NRS 453.186           Schedule III tests.

NRS 453.196           Schedule IV tests.

NRS 453.206           Schedule V tests.

NRS 453.211           Review, revision and dissemination of schedules.

NRS 453.216           Nomenclature.

NRS 453.218           Addition of immediate precursor to schedule.

NRS 453.2182         Treatment by Board when substance is designated, rescheduled or deleted as controlled substance by federal law.

NRS 453.2184         Scheduling of substance by extraordinary regulation.

NRS 453.2186         Board prohibited from including certain substances on schedule; exceptions; required considerations.

NRS 453.2188         Placement of substance in schedule allowed if controlled by federal law pursuant to international treaty, convention or protocol.

NRS 453.219           Controlled substance analog: Treatment as substance in schedule I; notice of prosecution; determination by Board.

 

Regulations

NRS 453.221           Regulations; fees.

NRS 453.226           Requirements for registration; authority of registrant; exemptions and waivers; inspections.

NRS 453.231           Registration: Public interest; specific controlled substances; research.

NRS 453.232           Penalty for failure to register.

NRS 453.233           Notice of conviction of registered person to be furnished.

NRS 453.236           Suspension, revocation of registration; seizure, placement under seal of controlled substance owned or possessed by registrant; notification of Drug Enforcement Administration and Division concerning suspension, revocation or forfeiture; registrant prohibited from employing person whose pharmacist’s certificate was suspended or revoked.

NRS 453.241           Administrative proceedings to deny, suspend or revoke registration.

NRS 453.246           Recordkeeping and inventory requirements for registrants.

NRS 453.251           Order forms.

NRS 453.256           Prescriptions; requirements for dispensing certain substances; penalty.

NRS 453.257           Filling second or subsequent prescriptions.

 

Enforcement

NRS 453.261           Administrative inspections.

NRS 453.266           Administrative warrant for inspection.

NRS 453.271           Powers of enforcement of officers and employees of Division.

NRS 453.276           Injunctions.

NRS 453.281           Burden of proof; immunity of officers from liability.

NRS 453.286           Judicial review.

 

Forfeitures

NRS 453.301           Property subject to forfeiture.

NRS 453.305           Forfeiture of real property or mobile home: Notices to owner.

NRS 453.311           Controlled substances; plants; seizure and forfeiture.

 

Offenses and Penalties

NRS 453.316           Unlawful to open or maintain place for unlawful sale, gift or use of controlled substance; penalties; probation or suspension of sentence for certain repeat offenders not allowed.

NRS 453.321           Offer, attempt or commission of unauthorized act relating to controlled or counterfeit substance unlawful; penalties; prohibition against probation or suspension of sentence for certain repeat offenders.

NRS 453.322           Offer, attempt or commission of unauthorized act relating to manufacture or compounding of certain controlled substances unlawful; penalty; prohibition against probation of offenders.

NRS 453.324           Unlawful to possess or dispose of methamphetamine manufacturing waste; exception; penalty.

NRS 453.326           Unlawful acts relating to recordkeeping, inspections and knowingly keeping or maintaining place where controlled substances are unlawfully used, kept or sold; penalty.

NRS 453.331           Unlawful acts relating to distribution of certain controlled substances by registrants, use of unauthorized registration number and possession of signed blank prescription forms; certain fraudulent acts prohibited; penalty.

NRS 453.332           Unlawful acts relating to imitation controlled substances; penalties.

NRS 453.3325         Unlawful to allow child to be present during commission of certain violations which involve controlled substances other than marijuana; penalties; probation or suspended sentence prohibited.

NRS 453.333           Penalties for making available controlled substance which causes death.

NRS 453.3335         Additional penalty for failing to render or seek medical assistance for person injured or killed by use of controlled substance under certain circumstances.

NRS 453.334           Penalty for second or subsequent offense of sale of controlled substance to minor.

NRS 453.3345         Additional penalty for commission of certain violations at or near school, school bus stop, recreational facilities for minors or public park.

NRS 453.3351         Additional penalty for commission of certain violations which involve methamphetamine under certain circumstances.

NRS 453.3353         Additional and alternative penalties for commission of certain violations which involve controlled substances other than marijuana and result in death or substantial bodily harm to another person.

NRS 453.336           Unlawful possession not for purpose of sale: Prohibition; penalties; exception.

NRS 453.3361         Unlawful possession not for purpose of sale: Local ordinances adopting penalties for certain similar offenses; allocation of fines collected for violation of local ordinance.

NRS 453.3363         Suspension of proceedings and probation of accused under certain conditions; effect of discharge and dismissal.

NRS 453.3365         Sealing of record of person convicted of possession of controlled substance not for purpose of sale; conditions.

NRS 453.337           Unlawful possession for sale of flunitrazepam, gamma-hydroxybutyrate and schedule I or II substances; penalties.

NRS 453.338           Unlawful possession for sale of substances classified in schedule III, IV or V; penalties.

NRS 453.3383         Determination of weight of controlled substance for purposes of NRS 453.3385, 453.339 and 453.3395.

NRS 453.3385         Trafficking in controlled substances: Flunitrazepam, gamma-hydroxybutyrate and schedule I substances, except marijuana.

NRS 453.339           Trafficking in controlled substances: Marijuana.

NRS 453.3393         Unlawful to produce or process marijuana; exception; penalties. [Effective April 1, 2014.]

NRS 453.3395         Trafficking in controlled substances: Schedule II substances.

NRS 453.3405         Trafficking in controlled substances: Suspended sentence limited; eligibility for parole; reduction or suspension of sentence of person assisting in investigation or prosecution of any offense; consideration of factors by court.

NRS 453.341           Prosecution or proceeding under prior law unaffected.

NRS 453.346           Effect of conviction or acquittal under federal or other state laws.

NRS 453.348           Previous convictions.

METHAMPHETAMINE PRECURSORS

NRS 453.352           Definitions.

NRS 453.3525         “Logbook” defined.

NRS 453.353           “Product that is a precursor to methamphetamine” defined.

NRS 453.3535         “Retail distributor” defined.

NRS 453.354           Manner of keeping, storing or placing methamphetamine precursor.

NRS 453.355           Limitations on sale or transfer of methamphetamine precursor by retail distributor; exception.

NRS 453.357           Retail distributor required to maintain logbook; information required to be entered in logbook at time of sale or transfer of methamphetamine precursor; requirements for sale or transfer of methamphetamine precursor; notice concerning entering false statement or representation in logbook; maintenance of entries in logbook; limitation on accessing, using, sharing or disclosing information in logbook.

NRS 453.358           Civil penalty for violation.

NRS 453.3585         Limitations on acquisition of methamphetamine precursor; exception; penalties.

NRS 453.359           Penalty for entering false statement or representation in logbook.

ILLEGAL INTERNET PHARMACIES

NRS 453.3611         Definitions.

NRS 453.3615         “Dangerous drug” defined.

NRS 453.3618         “Illegal Internet pharmacy” defined.

NRS 453.3621         “Imitation controlled substance” defined.

NRS 453.3625         “Internet” defined.

NRS 453.3628         “Prescription drug” defined.

NRS 453.3633         Circumstances under which person has “reasonable cause to believe.”

NRS 453.3635         Applicability.

NRS 453.3638         Unlawful acts relating to filling or refilling prescription or delivering certain substances or drugs; aiding unlawful act prohibited; penalties; multiple punishments authorized.

NRS 453.3639         Unlawful acts relating to filling or refilling prescription via Internet; exception; aiding unlawful act prohibited; penalties; penalty not exclusive.

NRS 453.3643         Unlawful acts relating to issuance of prescription; circumstances under which practitioner or person licensed by another jurisdiction is prohibited from prescribing prescription drug; aiding unlawful act prohibited; penalties; multiple punishments authorized.

NRS 453.3648         Concurrent jurisdiction of Attorney General and district attorneys to prosecute violations.

FURTHER REGULATION AND PROHIBITIONS

NRS 453.371           Definitions.

NRS 453.375           Authority to possess and administer controlled substances. [Effective through December 31, 2013.]

NRS 453.375           Authority to possess and administer controlled substances. [Effective January 1, 2014.]

NRS 453.377           Authority to dispense controlled substances.

NRS 453.381           Limitations on prescribing, possessing, administering, transporting and dispensing controlled substances.

NRS 453.385           Adoption of regulations governing prescriptions for controlled substances; compliance with federal law.

NRS 453.391           Unlawful taking or obtaining of controlled substance or prescription.

NRS 453.401           Penalties for conspiracy.

NRS 453.411           Unlawful use of controlled substance; penalties.

NRS 453.421           Penalty for violation of NRS 453.371 to 453.391, inclusive.

NRS 453.431           Unlawful acts relating to filling and refilling prescriptions and obtaining controlled substance or prescription; authorization to request proper identification from person requesting controlled substance.

NRS 453.505           Controlled substance for which prescription is not required: Violation of regulation by pharmacist; misrepresentation to pharmacist to obtain controlled substance; penalties.

NRS 453.521           Unlawful possession or sale of nasal inhaler; exception.

NRS 453.541           Sacramental use of peyote permitted.

NRS 453.551           Immunity for acts in performance of official duties.

NRS 453.552           Criminal penalties additional to civil penalties or sanctions.

CIVIL PENALTIES

NRS 453.553           Action to recover civil penalty: Persons liable for civil penalty; action to be brought by Attorney General or district attorney; definitions.

NRS 453.5531         Action to recover civil penalty: Amount of money recoverable as civil penalty.

NRS 453.5532         Money collected as civil penalty: Limitations on use.

NRS 453.5533         Limitation on action to recover civil penalty; effect of criminal proceeding on civil action.

DRUG PARAPHERNALIA

NRS 453.554           “Drug paraphernalia” defined.

NRS 453.556           Factors for identifying object as item of drug paraphernalia.

NRS 453.558           Injunctions.

NRS 453.560           Unlawful delivery, sale, possession or manufacture.

NRS 453.562           Unlawful delivery to minor.

NRS 453.564           Unlawful advertising.

NRS 453.566           Unlawful use or possession.

MISCELLANEOUS PROVISIONS

NRS 453.568           Report of loss or theft of controlled substance.

NRS 453.570           Amount of controlled substance needed to sustain conviction for prohibited offense.

NRS 453.575           Fee for analysis of controlled substance or other substance or drug: Inclusion in sentence of offender; distribution and use of proceeds.

NRS 453.580           Program for treatment of certain offenders: Powers and duties of court; contents; payment of costs.

TREATMENT AND REHABILITATION OF ADDICTS

NRS 453.600           Declaration of legislative purpose.

NRS 453.660           Experimental and clinical programs; personnel; regulations.

NRS 453.670           Local governments may assist programs and services.

NRS 453.680           Cooperative agreements.

NRS 453.690           Information to be furnished.

NRS 453.700           Application for treatment; regulations relating to voluntary submission.

NRS 453.710           Liability for costs of treatment.

NRS 453.720           Confidential and privileged information.

NRS 453.730           Emergency treatment authorized without notification to law enforcement officer or agency.

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GENERAL PROVISIONS

      NRS 453.005  Applicability of chapter to medical use of marijuana.  The provisions of this chapter do not apply to the extent that they are inconsistent with the provisions of chapter 453A of NRS.

      (Added to NRS by 2001, 3066)

UNIFORM CONTROLLED SUBSTANCES ACT

General Provisions

      NRS 453.011  Short title; purpose.

      1.  NRS 453.011 to 453.348, inclusive, may be cited as the Uniform Controlled Substances Act.

      2.  The Uniform Controlled Substances Act (1990) is substituted in a continuing way for the provisions of NRS 453.011 to 453.348, inclusive, except as those provisions are specifically amended.

      (Added to NRS by 1971, 1999; A 1987, 1653; 1991, 1648)

      NRS 453.013  Uniformity of interpretation.  NRS 453.011 to 453.348, inclusive, shall be so applied and construed as to effectuate its general purpose and to make uniform the law with respect to the subject of such sections among those states which enact it.

      (Added to NRS by 1971, 2022)—(Substituted in revision for NRS 453.361)

      NRS 453.016  Definitions.  As used in this chapter, the words and terms defined in NRS 453.021 to 453.141, inclusive, have the meanings ascribed to them in those sections except in instances where the context clearly indicates a different meaning.

      (Added to NRS by 1971, 1999; A 1977, 1409; 1979, 1654; 1987, 1653; 1989, 1680; 1991, 484, 793, 1648)

      NRS 453.021  “Administer” defined.  “Administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by:

      1.  A practitioner or, in the practitioner’s presence, by the practitioner’s authorized agent; or

      2.  The patient or research subject at the direction and in the presence of the practitioner.

      (Added to NRS by 1971, 1999; A 1973, 579; 1977, 672; 1979, 1654; 1991, 1648)

      NRS 453.023  “Advanced practice registered nurse” defined.  “Advanced practice registered nurse” means a registered nurse who holds a valid license as an advanced practice registered nurse issued by the State Board of Nursing pursuant to NRS 632.237.

      (Added to NRS by 1991, 793; A 2013, 2082)

      NRS 453.026  “Agent” defined.  “Agent” means a pharmacist who cares for a patient of a prescribing practitioner in a medical facility or in a setting that is affiliated with a medical facility where the patient is receiving care in accordance with written guidelines and protocols developed and approved pursuant to NRS 639.2809, a licensed practical nurse or registered nurse who cares for a patient of a prescribing practitioner in a medical facility or an authorized person who acts on behalf of or at the direction of and is employed by a manufacturer, distributor, dispenser or prescribing practitioner. The term does not include a common or contract carrier, public warehouseman or employee of the carrier or warehouseman.

      (Added to NRS by 1971, 2000; A 1979, 1654; 1991, 1953; 2011, 3079)

      NRS 453.031  “Board” defined.  “Board” means the State Board of Pharmacy.

      (Added to NRS by 1971, 2000; A 1977, 1221)

      NRS 453.038  “Chart order” defined.  “Chart order” means an order entered on the chart of a patient:

      1.  In a hospital, facility for intermediate care or facility for skilled nursing which is licensed as such by the Division of Public and Behavioral Health of the Department; or

      2.  Under emergency treatment in a hospital by a physician, advanced practice registered nurse, dentist or podiatric physician, or on the written or oral order of a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, advanced practice registered nurse, dentist or podiatric physician authorizing the administration of a drug to the patient.

      (Added to NRS by 1979, 1671; A 1981, 1957; 1985, 1750; 1993, 2232; 1995, 1717; 2001, 408, 783, 794; 2007, 1862; 2013, 2082)

      NRS 453.039  “Compound” and “compounding” defined.  “Compound” or “compounding” means to form or make up a composite product by combining two or more different ingredients.

      (Added to NRS by 1979, 1671)

      NRS 453.043  “Controlled substance analog” defined.

      1.  “Controlled substance analog” means a substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance placed in schedule I or II and:

      (a) Which has a stimulant, depressant or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance placed in schedule I or II pursuant to NRS 453.166 or 453.176; or

      (b) With respect to a particular person, which he or she represents or intends to have a stimulant, depressant or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance included in schedule I or II.

      2.  The term does not include:

      (a) A controlled substance;

      (b) A substance for which there is an approved new drug application;

      (c) A substance with respect to which an exemption is in effect for investigational use by a particular person under Section 505 of the federal Food, Drug, and Cosmetic Act (21 U.S.C. § 355) to the extent conduct with respect to the substance is permitted by the exemption; or

      (d) Any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.

      (Added to NRS by 1991, 1644)

      NRS 453.046  “Counterfeit substance” defined.  “Counterfeit substance” means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor or dispenser other than the person who in fact manufactured, distributed or dispensed the substance.

      (Added to NRS by 1971, 2000)

      NRS 453.051  “Deliver” and “delivery” defined.  “Deliver” or “delivery” means the actual, constructive or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.

      (Added to NRS by 1971, 2000)

      NRS 453.053  “Department” defined.  “Department” means the Department of Health and Human Services.

      (Added to NRS by 1979, 1671)

      NRS 453.056  “Dispense” defined.

      1.  Except as limited by subsection 2, “dispense” means to deliver a controlled substance to an ultimate user, patient or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling or compounding necessary to prepare the substance for that delivery.

      2.  The term does not include the furnishing of a controlled substance by a hospital pharmacy for inpatients.

      (Added to NRS by 1971, 2000; A 1973, 579; 1977, 672, 938; 1979, 1654; 1987, 1653; 1991, 1648)

      NRS 453.061  “Dispenser” defined.  “Dispenser” means a practitioner who dispenses.

      (Added to NRS by 1971, 2000)

      NRS 453.066  “Distribute” defined.  “Distribute” means to deliver other than by administering or dispensing a controlled substance. The term includes wholesale distribution as defined in NRS 639.0155.

      (Added to NRS by 1971, 2000; A 1991, 1160)

      NRS 453.071  “Distributor” defined.  “Distributor” means a person who distributes. The term includes a wholesaler as defined in NRS 639.016.

      (Added to NRS by 1971, 2000; A 1991, 1160)

      NRS 453.076  “Division” defined.  “Division” means the Investigation Division of the Department of Public Safety.

      (Added to NRS by 1971, 2000; A 1981, 2014; 1985, 1996; 2001, 2624)

      NRS 453.081  “Drug” defined.

      1.  “Drug” means substances:

      (a) Recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them;

      (b) Intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or animals;

      (c) Other than food, intended to affect the structure or any function of the bodies of humans or animals; and

      (d) Intended for use as a component of any article specified in paragraph (a), (b) or (c).

      2.  “Drug” does not include devices or their components, parts or accessories.

      (Added to NRS by 1971, 2000)

      NRS 453.082  “Drug Enforcement Administration” defined.  “Drug Enforcement Administration” means the Drug Enforcement Administration of the United States Department of Justice, or its successor agency.

      (Added to NRS by 1991, 484)

      NRS 453.083  “Fill” defined.  “Fill” means the counting, measuring, compounding, pouring, packaging and labeling required to prepare a drug for either direct or indirect delivery to a patient.

      (Added to NRS by 1979, 1672)

      NRS 453.085  “Hospital” defined.  “Hospital” means any facility which is licensed by the Department as a hospital and which provides care and treatment of human illness or other abnormal physical or mental conditions on an inpatient basis, including any such facility operated by this State or a political subdivision of this State.

      (Added to NRS by 1979, 1672; A 1987, 950)

      NRS 453.086  “Immediate precursor” defined.  “Immediate precursor” means a substance:

      1.  Which the Board has found to be and by regulation has designated to be the principal compound commonly used or produced primarily for use in the manufacture of a controlled substance; and

      2.  Which is a chemical intermediary used or likely to be used in the manufacture of the controlled substance or the control of which is necessary to prevent, curtail or limit the manufacture of the controlled substance.

      (Added to NRS by 1971, 2001; A 1979, 1655; 1991, 1649; 1995, 296)

      NRS 453.087  “Institutional pharmacy” defined.  “Institutional pharmacy” means a pharmacy or other storage place as defined by regulations adopted by the Board which is a part of or operated in conjunction with a medical facility as that term is defined in NRS 449.0151. The term includes:

      1.  A pharmacy on the premises of the medical facility which provides a system of distributing and supplying medication to the facility, whether or not operated by the facility; and

      2.  A pharmacy off the premises of the medical facility which provides services only to the patients of the facility and provides a system of distributing medication based upon chart orders from the medical facility.

      (Added to NRS by 1987, 1653; A 1993, 1989)

      NRS 453.0875  “Isomer” defined.  “Isomer” means an optical isomer, but in subsection 5 of NRS 453.101 the term includes a geometric isomer.

      (Added to NRS by 1991, 1644)

      NRS 453.091  “Manufacture” defined.

      1.  “Manufacture” means the production, preparation, propagation, compounding, conversion or processing of a substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container.

      2.  “Manufacture” does not include the preparation, compounding, packaging or labeling of a substance by a pharmacist, physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician, advanced practice registered nurse or veterinarian:

      (a) As an incident to the administering or dispensing of a substance in the course of his or her professional practice; or

      (b) By an authorized agent under his or her supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale.

      (Added to NRS by 1971, 2001; A 1981, 1958; 1983, 921; 1993, 2232; 1995, 1717; 2001, 408, 783, 794, 888; 2007, 1862; 2013, 2082)

      NRS 453.096  “Marijuana” defined.

      1.  “Marijuana” means:

      (a) All parts of any plant of the genus Cannabis, whether growing or not;

      (b) The seeds thereof;

      (c) The resin extracted from any part of the plant; and

      (d) Every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin.

      2.  “Marijuana” does not include the mature stems of the plant, fiber produced from the stems, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stems (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.

      (Added to NRS by 1971, 2001; A 1975, 450)

      NRS 453.098  “Narcotic addict” defined.  “Narcotic addict” means a person of any age who has developed a compulsion to continue taking or who has developed a psychic or physical dependence on the effects of a narcotic drug.

      (Added to NRS by 1979, 1672)

      NRS 453.099  “Narcotic addiction” defined.  “Narcotic addiction” means compulsion to continue taking or psychic or physical dependence on the effects of a narcotic drug.

      (Added to NRS by 1979, 1672)

      NRS 453.101  “Narcotic drug” defined.  “Narcotic drug” means any of the following, however manufactured:

      1.  Opium, opium derivative, and any derivative of either, including their salts, isomers and salts of isomers but not including isoquinoline alkaloids of opium;

      2.  Synthetic opiate and any derivative of synthetic opiate, including their isomers, esters, ethers, salts, and salts of isomers, esters and ethers;

      3.  Poppy straw and concentrate of poppy straw;

      4.  Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;

      5.  Cocaine, or any salt, isomer or salt of isomer of cocaine;

      6.  Cocaine base;

      7.  Ecgonine, or any derivative, salt, isomer or salt of isomer of ecgonine; and

      8.  A compound, mixture or preparation containing any quantity of a substance listed in this section.

      (Added to NRS by 1971, 2001; A 1991, 1649)

      NRS 453.106  “Opiate” defined.

      1.  “Opiate” means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability, including opium, opium derivatives and synthetic opiates.

      2.  “Opiate” does not include, unless specifically designated as controlled under NRS 453.146, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan) but includes the racemic and levorotatory forms of dextromethorphan.

      (Added to NRS by 1971, 2002; A 1991, 1649)

      NRS 453.111  “Opium poppy” defined.  “Opium poppy” means the plant of the species Papaver somniferum L., except its seeds.

      (Added to NRS by 1971, 2002)

      NRS 453.113  “Person” defined.  “Person” includes a government or a governmental subdivision or agency.

      (Added to NRS by 1991, 1644)

      NRS 453.117  “Pharmacy” defined.

      1.  “Pharmacy” means every store or shop licensed by the Board where drugs, controlled substances, poisons, medicines or chemicals are stored or possessed, or dispensed or sold at retail, or displayed for sale at retail, or where prescriptions are compounded or dispensed.

      2.  “Pharmacy” includes pharmacies owned or operated by the State of Nevada and political subdivisions and municipal corporations therein.

      (Added to NRS by 1979, 1672)

      NRS 453.118  “Pharmacy in a correctional institution” defined.  “Pharmacy in a correctional institution” means a pharmacy or other storage place for medicines, controlled substances and dangerous drugs which is a part of or is operated in conjunction with a correctional facility, including a jail and facility for the detention of juveniles.

      (Added to NRS by 1987, 1653)

      NRS 453.121  “Poppy straw” defined.  “Poppy straw” means all parts, except the seeds, of the opium poppy, after mowing.

      (Added to NRS by 1971, 2002)

      NRS 453.126  “Practitioner” defined.  “Practitioner” means:

      1.  A physician, dentist, veterinarian or podiatric physician who holds a license to practice his or her profession in this State and is registered pursuant to this chapter.

      2.  An advanced practice registered nurse who holds a certificate from the State Board of Pharmacy authorizing him or her to dispense or to prescribe and dispense controlled substances.

      3.  A scientific investigator or a pharmacy, hospital or other institution licensed, registered or otherwise authorized in this State to distribute, dispense, conduct research with respect to, to administer, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research.

      4.  A euthanasia technician who is licensed by the Nevada State Board of Veterinary Medical Examiners and registered pursuant to this chapter, while he or she possesses or administers sodium pentobarbital pursuant to his or her license and registration.

      5.  A physician assistant who:

      (a) Holds a license from the Board of Medical Examiners; and

      (b) Is authorized by the Board to possess, administer, prescribe or dispense controlled substances under the supervision of a physician as required by chapter 630 of NRS.

      6.  A physician assistant who:

      (a) Holds a license from the State Board of Osteopathic Medicine; and

      (b) Is authorized by the Board to possess, administer, prescribe or dispense controlled substances under the supervision of an osteopathic physician as required by chapter 633 of NRS.

      7.  An optometrist who is certified by the Nevada State Board of Optometry to prescribe and administer therapeutic pharmaceutical agents pursuant to NRS 636.288, when the optometrist prescribes or administers therapeutic pharmaceutical agents within the scope of his or her certification.

      (Added to NRS by 1971, 2002; A 1979, 593, 1655; 1989, 539; 1991, 793, 1650; 1993, 2232; 1995, 1718; 1997, 691; 1999, 1916; 2001, 409, 784, 795; 2007, 1863; 2013, 2082)

      NRS 453.128  “Prescription” defined.

      1.  “Prescription” means:

      (a) An order given individually for the person for whom prescribed, directly from a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician, optometrist, advanced practice registered nurse or veterinarian, or his or her agent, to a pharmacist or indirectly by means of an order signed by the practitioner or an electronic transmission from the practitioner to a pharmacist; or

      (b) A chart order written for an inpatient specifying drugs which he or she is to take home upon his or her discharge.

      2.  The term does not include a chart order written for an inpatient for use while he or she is an inpatient.

      (Added to NRS by 1973, 579; A 1979, 1655; 1981, 1958; 1983, 1511; 1987, 1653; 1991, 1953; 1993, 2233; 1995, 1718; 1999, 1916; 2001, 409, 784, 795; 2007, 1863; 2013, 2083)

      NRS 453.131  “Production” defined.  “Production” includes the manufacturing of a controlled substance and the planting, cultivation, growing or harvesting of a plant from which a controlled substance is derived.

      (Added to NRS by 1971, 2002; A 1991, 1650)

      NRS 453.134  “Refill” defined.  “Refill” means to fill again.

      (Added to NRS by 1979, 1672)

      NRS 453.136  “State” defined.  “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a territory or insular possession subject to the jurisdiction of the United States.

      (Added to NRS by 1971, 2002; A 1991, 1650)

      NRS 453.137  “Steroid” defined.  “Steroid” means any of the compounds that contain a hydrogenated cyclopentophenanthrene-ring system, and includes the sterols.

      (Added to NRS by 1989, 1680)

      NRS 453.141  “Ultimate user” defined.  “Ultimate user” means a person who lawfully possesses a controlled substance for his or her own use or the use of a member of the person’s household or for administering to any animal owned by the person or by a member of the person’s household. The term includes the guardian of an ultimate user or any other person authorized in a durable power of attorney to act on the behalf of the ultimate user. The term does not include a patient in or an employee of a medical facility, as defined in NRS 449.0151, who is not statutorily authorized to administer drugs.

      (Added to NRS by 1971, 2002; A 1987, 950; 1991, 1954; 1993, 1215)

      NRS 453.146  Powers and duties of Board.

      1.  The Board shall administer the provisions of NRS 453.011 to 453.552, inclusive, and may add substances to or delete or reschedule all substances enumerated in schedules I, II, III, IV and V by regulation.

      2.  In making a determination regarding a substance, the Board shall consider the following:

      (a) The actual or relative potential for abuse;

      (b) The scientific evidence of its pharmacological effect, if known;

      (c) The state of current scientific knowledge regarding the substance;

      (d) The history and current pattern of abuse;

      (e) The scope, duration and significance of abuse;

      (f) The risk to the public health;

      (g) The potential of the substance to produce psychic or physiological dependence liability; and

      (h) Whether the substance is an immediate precursor of a controlled substance.

      3.  The Board may consider findings of the federal Food and Drug Administration or the Drug Enforcement Administration as prima facie evidence relating to one or more of the determinative factors.

      4.  After considering the factors enumerated in subsection 2, the Board shall make findings with respect thereto and adopt a regulation controlling the substance if it finds the substance has a potential for abuse.

      5.  The Board shall designate as a controlled substance a steroid or other product which is used to enhance athletic performance, muscle mass, strength or weight without medical necessity. The Board may not designate as a controlled substance an anabolic steroid which is:

      (a) Expressly intended to be administered through an implant to cattle, poultry or other animals; and

      (b) Approved by the Food and Drug Administration for such use.

      (Added to NRS by 1971, 2002; A 1973, 580, 1203; 1977, 72; 1979, 1655; 1981, 734; 1987, 1552, 1654; 1989, 1680; 1991, 1650; 1999, 2637; 2001, 1055; 2003, 551)

      NRS 453.151  Cooperative arrangements; confidentiality of information.

      1.  The Board and the Division shall cooperate with federal and other state agencies in discharging their responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, the Board and Division may:

      (a) Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances;

      (b) Coordinate and cooperate in training programs concerning controlled substance law enforcement at local and state levels;

      (c) Cooperate with the Drug Enforcement Administration by establishing a centralized unit to accept, catalog, file and collect statistics, including records of drug-dependent persons and other controlled substance law offenders within the State, and make the information available for federal, state and local law enforcement purposes. The Board and the Division shall not furnish the name or identity of a patient or research subject whose identity could not be obtained pursuant to NRS 453.157; and

      (d) Conduct programs of eradication aimed at destroying the wild growth or illicit propagation of plant species from which controlled substances may be extracted.

      2.  Results, information and evidence received from the Drug Enforcement Administration relating to the regulatory functions of the provisions of NRS 453.011 to 453.552, inclusive, including results of inspections conducted by it, may be relied and acted upon by the Board in the exercise of its regulatory functions pursuant to NRS 453.011 to 453.552, inclusive.

      (Added to NRS by 1971, 2003; A 1973, 1204; 1991, 484, 1651)

      NRS 453.153  Cooperation between Board and Division required.  The Board and Division shall cooperate with each other in effectuating the purposes of NRS 453.011 to 453.552, inclusive.

      (Added to NRS by 1971, 2003; A 1995, 1434)

      NRS 453.154  Division required to prepare certain reports concerning controlled substances; Division and Board may enter into agreements with public agencies; requirements.

      1.  In this section, “diversion” means the transfer of a controlled substance from a lawful to an unlawful channel of distribution or use.

      2.  The Division shall regularly prepare and make available to other state regulatory, licensing and law enforcement agencies a report on the patterns and trends of distribution, diversion and abuse of controlled substances.

      3.  The Board and the Division may enter into written agreements with local, state and federal agencies to improve identification of sources of diversion and to improve enforcement of and compliance with NRS 453.011 to 453.348, inclusive, and other laws and regulations pertaining to unlawful conduct involving controlled substances. An agreement must specify the roles and responsibilities of each agency that has information or authority to identify, prevent or control diversion and abuse of controlled substances. The Board and the Division may convene periodic meetings to coordinate a state program to prevent and control diversion. The Board and the Division may arrange for cooperation and exchange of information among agencies and with other states and the Federal Government.

      4.  The Division shall report annually to the Governor and the Legislative Committee on Health Care and biennially to the presiding officer of each house of the Legislature on the outcome of the program with respect to its effect on distribution and abuse of controlled substances, including recommendations for improving control and prevention of the diversion of controlled substances in this State.

      (Added to NRS by 1991, 1646; A 2011, 458)

      NRS 453.1545  Development of computerized program to track prescriptions for controlled substances; course of training required for persons who access database; reporting of illegal activity; agreements with state agency of another state to receive or exchange information obtained by program; confidentiality of information obtained from program; immunity from liability for practitioner who transmits certain required information and reports; gifts, grants and donations.

      1.  The Board and the Division shall cooperatively develop a computerized program to track each prescription for a controlled substance listed in schedule II, III or IV that is filled by a pharmacy that is registered with the Board or that is dispensed by a practitioner who is registered with the Board. The program must:

      (a) Be designed to provide information regarding:

             (1) The inappropriate use by a patient of controlled substances listed in schedules II, III and IV to pharmacies, practitioners and appropriate state agencies to prevent the improper or illegal use of those controlled substances; and

             (2) Statistical data relating to the use of those controlled substances that is not specific to a particular patient.

      (b) Be administered by the Board, the Investigation Division, the Division of Public and Behavioral Health of the Department and various practitioners, representatives of professional associations for practitioners, representatives of occupational licensing boards and prosecuting attorneys selected by the Board and the Investigation Division.

      (c) Not infringe on the legal use of a controlled substance for the management of severe or intractable pain.

      (d) Include the contact information of each person who elects to access the database of the program pursuant to subsection 2, including, without limitation:

             (1) The name of the person;

             (2) The physical address of the person;

             (3) The telephone number of the person; and

             (4) If the person maintains an electronic mail address, the electronic mail address of the person.

      2.  The Board shall provide Internet access to the database of the program established pursuant to subsection 1 to each practitioner who is authorized to write prescriptions for and each person who is authorized to dispense controlled substances listed in schedule II, III or IV who:

      (a) Elects to access the database of the program; and

      (b) Completes the course of instruction described in subsection 7.

      3.  The Board and the Division must have access to the program established pursuant to subsection 1 to identify any suspected fraudulent or illegal activity related to the dispensing of controlled substances.

      4.  The Board or the Division shall report any activity it reasonably suspects may be fraudulent or illegal to the appropriate law enforcement agency or occupational licensing board and provide the law enforcement agency or occupational licensing board with the relevant information obtained from the program for further investigation.

      5.  The Board and the Division may cooperatively enter into a written agreement with an agency of any other state to provide, receive or exchange information obtained by the program with a program established in that state which is substantially similar to the program established pursuant to subsection 1, including, without limitation, providing such state access to the database of the program or transmitting information to and receiving information from such state. Any information provided, received or exchanged as part of an agreement made pursuant to this section may only be used in accordance with the provisions of this chapter.

      6.  Information obtained from the program relating to a practitioner or a patient is confidential and, except as otherwise provided by this section and NRS 239.0115, must not be disclosed to any person. That information must be disclosed:

      (a) Upon the request of a person about whom the information requested concerns or upon the request on behalf of that person by his or her attorney; or

      (b) Upon the lawful order of a court of competent jurisdiction.

      7.  The Board and the Division shall cooperatively develop a course of training for persons who elect to access the database of the program pursuant to subsection 2 and require each such person to complete the course of training before the person is provided with Internet access to the database pursuant to subsection 2.

      8.  A practitioner who is authorized to write prescriptions for each person who is authorized to dispense controlled substances listed in schedule II, III or IV who acts with reasonable care when transmitting to the Board or the Division a report or information required by this section or a regulation adopted pursuant thereto is immune from civil and criminal liability relating to such action.

      9.  The Board and the Division may apply for any available grants and accept any gifts, grants or donations to assist in developing and maintaining the program required by this section.

      (Added to NRS by 1995, 1433; A 1999, 245, 1872, 1890; 2001, 417; 2003, 2294; 2007, 735, 2110; 2009, 1303; 2011, 458)

      NRS 453.155  Programs for research and education.

      1.  The Board or Investigation Division, in cooperation with the Division of Public and Behavioral Health of the Department, may carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. In connection with these programs the Board or Investigation Division may:

      (a) Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations;

      (b) Assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances;

      (c) Consult with interested groups and organizations to aid them in solving administrative and organizational problems;

      (d) Evaluate procedures, projects, techniques and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances;

      (e) Disseminate the results of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to alleviate them;

      (f) Assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances; and

      (g) Carry out education and training for physicians, pharmacists and patients regarding the ability of the patient to request to have the symptom or purpose for which a controlled substance is prescribed included on the label attached to the container of the controlled substance.

      2.  The Board shall encourage research on misuse and abuse of controlled substances. In connection with the research, and in furtherance of the enforcement of the provisions of NRS 453.011 to 453.552, inclusive, it may:

      (a) Establish methods to assess accurately the effects of controlled substances and identify and characterize those with potential for abuse;

      (b) Make studies and undertake programs of research to:

             (1) Develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of such sections;

             (2) Determine patterns of misuse and abuse of controlled substances and the social effects thereof; and

             (3) Improve methods for preventing, predicting, understanding and dealing with the misuse and abuse of controlled substances; and

      (c) Enter into contracts with public agencies, institutions of higher education, and private organizations or individuals for the purpose of conducting research, demonstrations or special projects which bear directly on misuse and abuse of controlled substances.

      3.  The Board may authorize persons engaged in research on the use and effects of controlled substances to withhold the names and other identifying characteristics of individuals who are the subject of the research. A person who obtains this authorization is not compelled in any civil, criminal, administrative, legislative or other proceeding to identify the individuals who are the subjects of research for which the authorization was obtained.

      4.  The Board may authorize the possession and distribution of controlled substances by persons engaged in research. A person who obtains this authorization is exempt from state prosecution for possession and distribution of controlled substances to the extent of the authorization. The Board shall promptly notify the Division of any such authorization.

      (Added to NRS by 1971, 2015; A 1973, 582, 1210; 1991, 1652; 2011, 2040)

      NRS 453.157  Confidentiality of information concerning research or medical practice.  A practitioner engaged in medical practice or research is not required or compelled to furnish the name or identity of a patient or research subject to the Board, nor may the practitioner be compelled in any state or local civil, criminal, administrative, legislative or other proceeding to furnish the name or identity of an individual that the practitioner is obligated to keep confidential.

      (Added to NRS by 1971, 2016)—(Substituted in revision for NRS 453.296)

      NRS 453.159  Existing orders or regulations unaffected.  Any orders and regulations promulgated under any law affected by NRS 453.011 to 453.552, inclusive, and in effect on January 1, 1972, and not in conflict with it continue in effect until modified, superseded or repealed.

      (Added to NRS by 1971, 2022; A 1979, 1668)—(Substituted in revision for NRS 453.356)

Schedules

      NRS 453.166  Schedule I tests.  The Board shall place a substance in schedule I if it finds that the substance:

      1.  Has high potential for abuse; and

      2.  Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.

      (Added to NRS by 1971, 2005)

      NRS 453.176  Schedule II tests.  The Board shall place a substance in schedule II if it finds that:

      1.  The substance has high potential for abuse;

      2.  The substance has accepted medical use in treatment in the United States, or accepted medical use with severe restrictions; and

      3.  The abuse of the substance may lead to severe psychological or physical dependence.

      (Added to NRS by 1971, 2006; A 1991, 1653)

      NRS 453.186  Schedule III tests.  The Board shall place a substance in schedule III if it finds that:

      1.  The substance has a potential for abuse less than the substances listed in schedules I and II;

      2.  The substance has currently accepted medical use in treatment in the United States; and

      3.  Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.

      (Added to NRS by 1971, 2008)

      NRS 453.196  Schedule IV tests.  The Board shall place a substance in schedule IV if it finds that:

      1.  The substance has a low potential for abuse relative to substances in schedule III;

      2.  The substance has currently accepted medical use in treatment in the United States; and

      3.  Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in schedule III.

      (Added to NRS by 1971, 2008)

      NRS 453.206  Schedule V tests.  The Board shall place a substance in schedule V if it finds that:

      1.  The substance has a low potential for abuse relative to substances listed in schedule IV;

      2.  The substance has accepted medical use in treatment in the United States; and

      3.  Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances listed in schedule IV.

      (Added to NRS by 1971, 2009; A 1991, 1653)

      NRS 453.211  Review, revision and dissemination of schedules.

      1.  The Board shall:

      (a) Review the schedules annually and maintain a list of current schedules.

      (b) Upon the revision of a schedule, cause a copy of the revised schedule to be sent to each district attorney, public defender and judge in the State of Nevada.

      (c) Make copies of the list of current schedules available to members of the public upon request. The Board may charge a reasonable fee for providing the copies.

      2.  Failure to publish revised schedules is not a defense in any administrative or judicial proceeding under NRS 453.011 to 453.552, inclusive.

      (Added to NRS by 1971, 2009; A 1991, 1653; 1993, 635; 2001, 1056; 2003, 551)

      NRS 453.216  Nomenclature.  The controlled substances listed or to be listed in schedules I, II, III, IV or V are included by whatever official, common, usual, chemical or trade name designated.

      (Added to NRS by 1971, 2009; A 1981, 735)

      NRS 453.218  Addition of immediate precursor to schedule.  The Board, without regard to the findings required by NRS 453.166, 453.176, 453.186, 453.196, 453.206 or subsection 4 of NRS 453.146 or the procedures prescribed by subsections 1 to 4, inclusive, of NRS 453.146, may add an immediate precursor to the same schedule in which the controlled substance of which it is an immediate precursor is included or to in any other schedule. If the Board designates a substance as an immediate precursor, substances which are precursors of the controlled precursor are not subject to control solely because they are precursors of the controlled precursor.

      (Added to NRS by 1991, 1644)

      NRS 453.2182  Treatment by Board when substance is designated, rescheduled or deleted as controlled substance by federal law.  If a substance is designated, rescheduled or deleted as a controlled substance pursuant to federal law, the Board shall similarly treat the substance pursuant to the provisions of NRS 453.011 to 453.552, inclusive, after the expiration of 60 days from publication in the Federal Register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance or from the date of issuance of an order of temporary scheduling under Section 508 of the federal Dangerous Drug Diversion Control Act of 1984, 21 U.S.C. § 811(h), unless within the 60-day period, the Board or an interested party objects to the treatment of the substance. If no objection is made, the Board shall adopt, without making the determinations or findings required by subsections 1 to 4, inclusive, of NRS 453.146 or NRS 453.166, 453.176, 453.186, 453.196 or 453.206, a final regulation treating the substance. If an objection is made, the Board shall make a determination with respect to the treatment of the substance as provided by subsections 1 to 4, inclusive, of NRS 453.146. Upon receipt of an objection to the treatment by the Board, the Board shall publish notice of the receipt of the objection, and action by the Board is stayed until the Board adopts a regulation as provided by subsection 4 of NRS 453.146.

      (Added to NRS by 1991, 1644; A 2001, 1056; 2003, 552)

      NRS 453.2184  Scheduling of substance by extraordinary regulation.  The Board, by extraordinary regulation and without regard to the requirements of subsections 1, 2 and 3 of NRS 453.146 may schedule a substance in schedule I, whether or not the substance is substantially similar to a controlled substance included in schedule I or II, if the Board finds that scheduling of the substance by extraordinary regulation is necessary to avoid an imminent hazard to the public safety and the substance is not in any other schedule and no exemption or approval is in effect for the substance under Section 505 of the federal Food, Drug, and Cosmetic Act (21 U.S.C. § 355). Upon receipt of notice under NRS 453.219 the Board shall initiate scheduling of the controlled substance analog by extraordinary regulation pursuant to this section. The scheduling of a substance under this section expires 1 year after the adoption of the extraordinary regulation. With respect to the finding of an imminent hazard to the public safety, the Board shall consider whether the substance has been scheduled on a temporary basis under federal law and the factors set forth in paragraphs (d), (e) and (f) of subsection 2 of NRS 453.146, and may also consider clandestine importation, manufacture or distribution, and if available, information concerning the other factors set forth in subsection 2 of NRS 453.146. An extraordinary regulation may not be adopted under this section until the Board initiates a proceeding to adopt a regulation pursuant to subsections 1 to 4, inclusive, of NRS 453.146 with respect to the substance. An extraordinary regulation adopted under this section lapses upon the conclusion of the proceeding initiated under subsections 1 to 4, inclusive, of NRS 453.146 with respect to the substance.

      (Added to NRS by 1991, 1645)

      NRS 453.2186  Board prohibited from including certain substances on schedule; exceptions; required considerations.

      1.  Authority to control pursuant to NRS 453.146, 453.218, 453.2182 and 453.2184 does not extend to distilled spirits, wine, malt beverages or tobacco.

      2.  The Board shall not include any nonnarcotic substance on any schedule if that substance is in a form suitable for final dosage and has been approved by the Food and Drug Administration for sale over the counter without a prescription, unless the Board affirmatively finds that:

      (a) The substance itself or one or more of its active ingredients is an immediate precursor of a controlled substance; and

      (b) The substance is materially misbranded or mislabeled, or the public interest requires the scheduling of the substance as a controlled substance in schedule I, II, III or IV.

      3.  In determining whether the public interest requires the scheduling of the substance, the Board shall consider:

      (a) Whether the customary methods of marketing and distributing the substance are likely to lead to its unlawful distribution or use, including any relevant information with regard to a manufacturer or distributor of the substance concerning:

             (1) His or her record of compliance with applicable federal, state and local statutes, ordinances and regulations;

             (2) His or her past experience in the manufacture and distribution of controlled substances, and the existence in his or her establishment of effective controls against the unlawful distribution or use of the substance;

             (3) Whether he or she has ever been convicted under any federal or state law relating to a controlled substance; and

             (4) Whether he or she has ever furnished materially falsified or fraudulent material in any application filed pursuant to NRS 453.011 to 453.552, inclusive;

      (b) Whether the substance is controlled under the federal Controlled Substances Act;

      (c) The status of any pending proceeding to determine whether the substance should be controlled or exempted from control;

      (d) Any history of abuse or misuse of the substance in this State; and

      (e) Any other factors which are relevant to the public health and safety.

      4.  In determining whether a substance is misbranded or mislabeled, the Board shall consider the requirements of the federal Food, Drug, and Cosmetic Act and the Code of Federal Regulations concerning indications for its use and any advertising for a use not so indicated.

      (Added to NRS by 1991, 1645)

      NRS 453.2188  Placement of substance in schedule allowed if controlled by federal law pursuant to international treaty, convention or protocol.  The Board may place a substance in schedule I, II, III, IV or V without making the findings respectively required for those schedules if the substance is controlled under the corresponding schedule of the federal Controlled Substances Act by a federal agency as the result of an international treaty, convention or protocol.

      (Added to NRS by 1991, 1646)

      NRS 453.219  Controlled substance analog: Treatment as substance in schedule I; notice of prosecution; determination by Board.  A controlled substance analog, to the extent intended for human consumption, must be treated, for the purposes of NRS 453.011 to 453.552, inclusive, as a substance included in schedule I. Within 30 days after the initiation of prosecution with respect to a controlled substance analog by indictment or information, the district attorney shall notify the Board of information relevant to scheduling by extraordinary regulation as provided for in NRS 453.2184. If the Board finally determines that the controlled substance analog should not be scheduled, no prosecution relating to that substance as a controlled substance analog may be commenced or continued.

      (Added to NRS by 1991, 1646; A 2001, 1056; 2003, 552)

Regulations

      NRS 453.221  Regulations; fees.

      1.  The Board may adopt regulations and charge reasonable fees relating to the registration and control of the dispensing of controlled substances within this State.

      2.  The Board may charge an additional fee for dispensing controlled substances included in schedules I to V, inclusive, to cover the cost of developing and maintaining the computerized program developed pursuant to NRS 453.1545. The amount of the fee must be:

      (a) Set so that the aggregate amount received from the fee does not exceed the estimated costs of developing and maintaining the program.

      (b) Approved by the Legislature, if it is in regular session, or the Interim Finance Committee, if the Legislature is not in regular session.

      (Added to NRS by 1971, 2009; A 1979, 1661; 1981, 735; 1991, 1160, 1653; 1995, 296, 1434)

      NRS 453.226  Requirements for registration; authority of registrant; exemptions and waivers; inspections.

      1.  Every practitioner or other person who dispenses any controlled substance within this State or who proposes to engage in the dispensing of any controlled substance within this State shall obtain biennially a registration issued by the Board in accordance with its regulations.

      2.  A person registered by the Board in accordance with the provisions of NRS 453.011 to 453.552, inclusive, to dispense or conduct research with controlled substances may possess, dispense or conduct research with those substances to the extent authorized by the registration and in conformity with the other provisions of those sections.

      3.  The following persons are not required to register and may lawfully possess and distribute controlled substances pursuant to the provisions of NRS 453.011 to 453.552, inclusive:

      (a) An agent or employee of a registered dispenser of a controlled substance if he or she is acting in the usual course of his or her business or employment;

      (b) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment;

      (c) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, advanced practice registered nurse, podiatric physician or veterinarian or in lawful possession of a schedule V substance; or

      (d) A physician who:

             (1) Holds a locum tenens license issued by the Board of Medical Examiners or a temporary license issued by the State Board of Osteopathic Medicine; and

             (2) Is registered with the Drug Enforcement Administration at a location outside this State.

      4.  The Board may waive the requirement for registration of certain dispensers if it finds it consistent with the public health and safety.

      5.  A separate registration is required at each principal place of business or professional practice where the applicant dispenses controlled substances.

      6.  The Board may inspect the establishment of a registrant or applicant for registration in accordance with the Board’s regulations.

      (Added to NRS by 1971, 2009; A 1973, 1204; 1979, 1661; 1981, 736, 1958; 1991, 1161, 1653; 1993, 2233; 1995, 296, 1718; 2001, 409, 785, 796; 2007, 1864; 2013, 2083)

      NRS 453.231  Registration: Public interest; specific controlled substances; research.

      1.  The Board shall register an applicant to dispense controlled substances included in schedules I to V, inclusive, unless it determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the Board shall consider the following factors:

      (a) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, research or industrial channels;

      (b) Compliance with state and local law;

      (c) Promotion of technical advances in the art of manufacturing controlled substances and the development of new substances;

      (d) Convictions of the applicant pursuant to laws of another country or federal or state laws relating to a controlled substance;

      (e) Past experience of the applicant in the manufacture or distribution of controlled substances, and the existence in the applicant’s establishment of effective controls against diversion of controlled substances into other than legitimate medical, scientific research or industrial channels;

      (f) Furnishing by the applicant of false or fraudulent material in an application filed pursuant to the provisions of NRS 453.011 to 453.552, inclusive;

      (g) Suspension or revocation of the applicant’s federal registration to manufacture, distribute, possess, administer or dispense controlled substances as authorized by federal law; and

      (h) Any other factors relevant to and consistent with the public health and safety.

      2.  Registration pursuant to subsection 1 entitles a registrant to dispense a substance included in schedules I or II only if it is specified in the registration.

      3.  A practitioner must be registered before dispensing a controlled substance or conducting research with respect to a controlled substance included in schedules II to V, inclusive. The Board need not require separate registration pursuant to the provisions of NRS 453.011 to 453.552, inclusive, for practitioners engaging in research with nonnarcotic controlled substances included in schedules II to V, inclusive, if the registrant is already registered in accordance with the provisions of NRS 453.011 to 453.552, inclusive, in another capacity. A practitioner registered in accordance with federal law to conduct research with a substance included in schedule I may conduct research with the substance in this State upon furnishing the Board evidence of the federal registration.

      (Added to NRS by 1971, 2010; A 1973, 1205; 1979, 1662; 1981, 737, 1959; 1991, 1161, 1654; 1995, 297)

      NRS 453.232  Penalty for failure to register.  A person who dispenses a controlled substance without being registered by the Board if required by NRS 453.231 is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      (Added to NRS by 1979, 1672; A 1981, 737; 1991, 1162, 1656; 1995, 298, 1280, 1329)

      NRS 453.233  Notice of conviction of registered person to be furnished.  Upon the conviction of any person required to be registered under the provisions of NRS 453.011 to 453.552, inclusive, of violation of any federal or state law relating to any controlled substance, the prosecuting attorney shall cause copies of the judgment of conviction to be sent to the Board and to any other licensing agency by whom the convicted person has been licensed or registered under the laws of the State of Nevada to engage in the practice of his or her business or profession.

      (Added to NRS by 1973, 579; A 2001, 1056; 2003, 552)

      NRS 453.236  Suspension, revocation of registration; seizure, placement under seal of controlled substance owned or possessed by registrant; notification of Drug Enforcement Administration and Division concerning suspension, revocation or forfeiture; registrant prohibited from employing person whose pharmacist’s certificate was suspended or revoked.

      1.  The Board may suspend or revoke a registration pursuant to NRS 453.231 to dispense a controlled substance upon a finding that the registrant has:

      (a) Furnished false or fraudulent material information in an application filed pursuant to NRS 453.011 to 453.552, inclusive;

      (b) Been convicted of a felony under a state or federal law relating to a controlled substance;

      (c) Had his or her federal registration to dispense controlled substances suspended or revoked and is no longer authorized by federal law to dispense those substances; or

      (d) Committed an act that would render registration under NRS 453.231 inconsistent with the public interest as determined pursuant to that section.

      2.  The Board may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.

      3.  If a registration is suspended or revoked, the Board may place under seal all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. When a revocation becomes final, the court may order the controlled substances forfeited to the State.

      4.  The Board may seize or place under seal any controlled substance owned or possessed by a registrant whose registration has expired or who has ceased to practice or do business in the manner permitted by the registration. The controlled substance must be held for the benefit of the registrant or the registrant’s successor in interest. The Board shall notify a registrant, or the registrant’s successor in interest, whose controlled substance is seized or placed under seal, of the procedures to be followed to secure the return of the controlled substance and the conditions under which it will be returned. The Board may not dispose of a controlled substance seized or placed under seal under this subsection until the expiration of 180 days after the controlled substance was seized or placed under seal. The Board may recover costs it incurred in seizing, placing under seal, maintaining custody and disposing of any controlled substance under this subsection from the registrant, from any proceeds obtained from the disposition of the controlled substance, or from both. The Board shall pay to the registrant or the registrant’s successor in interest any balance of the proceeds of any disposition remaining after the costs have been recovered.

      5.  The Board shall promptly notify the Drug Enforcement Administration and the Division of all orders suspending or revoking registration and the Division shall promptly notify the Drug Enforcement Administration and the Board of all forfeitures of controlled substances.

      6.  A registrant shall not employ as his or her agent or employee in any premises where controlled substances are sold, dispensed, stored or held for sale any person whose pharmacist’s certificate has been suspended or revoked.

      (Added to NRS by 1971, 2011; A 1973, 580, 1206; 1975, 988; 1977, 669; 1979, 1663; 1981, 738; 1983, 1511; 1991, 485, 1162, 1656; 1995, 298)

      NRS 453.241  Administrative proceedings to deny, suspend or revoke registration.

      1.  Administrative proceedings by the Board to deny, suspend or revoke a registration must be initiated, conducted and concluded pursuant to the provisions of NRS 639.241 to 639.257, inclusive, without regard to any criminal prosecution or other proceeding, but instead of the methods of discipline provided in paragraphs (c) and (d) of subsection 1 of NRS 639.255, the Board shall:

      (a) Suspend the right of the registrant to use his or her registration or a schedule thereof; or

      (b) Revoke the registration or a schedule thereof.

      2.  Proceedings to refuse renewal of registration do not abate the existing registration, which remains in effect pending the outcome of the administrative hearing.

      3.  The Board may suspend, before the hearing, any registration with the institution of proceedings under NRS 453.236, or where renewal of registration is refused, if it finds that there is an imminent danger to the public health or safety which warrants this action. The suspension continues in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the Board or dissolved by a court of competent jurisdiction. In the event of such a suspension the Board shall conduct a hearing at the earliest possible date, but in any event, the hearing must be conducted no later than 15 days after the date of suspension unless a continuance is requested by the registrant or the registrant otherwise prevents the holding of the hearing.

      (Added to NRS by 1971, 2011; A 1977, 73; 1979, 1664; 1991, 1657)

      NRS 453.246  Recordkeeping and inventory requirements for registrants.  Persons registered to dispense controlled substances pursuant to the provisions of NRS 453.011 to 453.552, inclusive, shall keep records and maintain inventories in conformance with the recordkeeping and inventory requirements of state and federal law and with any additional regulations the Board issues.

      (Added to NRS by 1971, 2012; A 1973, 1207; 1979, 1665; 1991, 1164, 1658; 1995, 299; 2001, 1057; 2003, 552)

      NRS 453.251  Order forms.  Controlled substances listed in schedules I and II may be distributed by a registrant or licensed pharmacy to another registrant or licensed pharmacy only pursuant to an order form and may be received by a registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms shall be deemed compliance with this section.

      (Added to NRS by 1971, 2012; A 1977, 670; 1979, 1318, 1665; 1987, 950)

      NRS 453.256  Prescriptions; requirements for dispensing certain substances; penalty.

      1.  Except as otherwise provided in subsection 2, a substance included in schedule II must not be dispensed without the written prescription of a practitioner.

      2.  A controlled substance included in schedule II may be dispensed without the written prescription of a practitioner only:

      (a) In an emergency, as defined by regulation of the Board, upon oral prescription of a practitioner, reduced to writing promptly and in any case within 72 hours, signed by the practitioner and filed by the pharmacy.

      (b) Pursuant to an electronic prescription of a practitioner which complies with any regulations adopted by the Board concerning the use of electronic prescriptions.

      (c) Upon the use of a facsimile machine to transmit the prescription for a substance included in schedule II by a practitioner or a practitioner’s agent to a pharmacy for:

             (1) Direct administration to a patient by parenteral solution; or

             (2) A resident of a facility for intermediate care or a facility for skilled nursing which is licensed as such by the Division of Public and Behavioral Health of the Department.

Ê A prescription transmitted by a facsimile machine pursuant to this paragraph must be printed on paper which is capable of being retained for at least 2 years. For the purposes of this section, an electronic prescription or a prescription transmitted by facsimile machine constitutes a written prescription. The pharmacy shall keep prescriptions in conformity with the requirements of NRS 453.246. A prescription for a substance included in schedule II must not be refilled.

      3.  Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a substance included in schedule III or IV which is a dangerous drug as determined under NRS 454.201, must not be dispensed without a written or oral prescription of a practitioner. The prescription must not be filled or refilled more than 6 months after the date thereof or be refilled more than five times, unless renewed by the practitioner.

      4.  A substance included in schedule V may be distributed or dispensed only for a medical purpose, including medical treatment or authorized research.

      5.  A practitioner may dispense or deliver a controlled substance to or for a person or animal only for medical treatment or authorized research in the ordinary course of his or her profession.

      6.  No civil or criminal liability or administrative sanction may be imposed on a pharmacist for action taken in good faith in reliance on a reasonable belief that an order purporting to be a prescription was issued by a practitioner in the usual course of professional treatment or in authorized research.

      7.  An individual practitioner may not dispense a substance included in schedule II, III or IV for the practitioner’s own personal use except in a medical emergency.

      8.  A person who violates this section is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      9.  As used in this section:

      (a) “Facsimile machine” means a device which sends or receives a reproduction or facsimile of a document or photograph which is transmitted electronically or telephonically by telecommunications lines.

      (b) “Medical treatment” includes dispensing or administering a narcotic drug for pain, whether or not intractable.

      (c) “Parenteral solution” has the meaning ascribed to it in NRS 639.0105.

      (Added to NRS by 1971, 2012; A 1973, 581; 1979, 1665; 1981, 1960; 1989, 1125; 1991, 1658; 1995, 299, 1280, 1329; 2011, 2039)

      NRS 453.257  Filling second or subsequent prescriptions.  A pharmacist shall not fill a second or subsequent prescription for a controlled substance listed in schedule II for the same patient unless the frequency of prescriptions is in conformity with the directions for use. The need for any increased amount shall be verified by the practitioner in writing or personally by telephone.

      (Added to NRS by 1977, 668; A 1979, 1665)

Enforcement

      NRS 453.261  Administrative inspections.

      1.  The Division or the Board may make administrative inspections of controlled premises in accordance with the following provisions:

      (a) When authorized by an administrative warrant for inspection issued pursuant to NRS 453.266, an officer, employee or other person who possesses some or all of the powers of a peace officer, designated by the Division or the Board, upon presenting the warrant and appropriate credentials to the owner, operator or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection.

      (b) When authorized by an administrative warrant for inspection, an officer, employee or other person who possesses some or all of the powers of a peace officer, designated by the Division or the Board may:

             (1) Inspect and copy records required to be kept by the provisions of NRS 453.011 to 453.552, inclusive;

             (2) Inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and, except as provided in subsection 3, all other things therein, including records, files, papers, processes, controls and facilities bearing on any violation of the provisions of NRS 453.011 to 453.552, inclusive; and

             (3) Inventory any stock of any controlled substance therein and obtain samples thereof.

      2.  This section does not prevent the inspection without a warrant of books and records, nor does it prevent entries and administrative inspections, including seizures of property, without a warrant:

      (a) If the owner, operator or agent in charge of the controlled premises consents;

      (b) In situations presenting imminent danger to health or safety;

      (c) In situations involving inspection of conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;

      (d) In any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; or

      (e) In all other situations in which a warrant is not constitutionally required.

      3.  An inspection authorized by this section must not extend to financial data or sales data, other than data for shipment or pricing, unless the owner, operator or agent in charge of the controlled premises consents in writing.

      4.  For purposes of this section, “controlled premises” means:

      (a) Places where persons registered or exempted from the requirements for registration pursuant to NRS 453.011 to 453.552, inclusive, are required to keep records;

      (b) Places, including factories, warehouses, establishments and conveyances in which persons registered or exempted from the requirements for registration pursuant to NRS 453.011 to 453.552, inclusive, are permitted to hold, manufacture, compound, process, sell, deliver or otherwise dispose of any controlled substance; and

      (c) Places where immediate precursors are sold, compounded, manufactured, processed or delivered.

      (Added to NRS by 1971, 2012; A 1973, 581, 1207; 1981, 1960; 1985, 293; 1991, 486, 1659)

      NRS 453.266  Administrative warrant for inspection.

      1.  Issuance and execution of an administrative warrant for inspection must be as follows:

      (a) A magistrate, within his or her jurisdiction, and upon proper oath or affirmation showing probable cause, may issue warrants for the purpose of conducting administrative inspections authorized by the provisions of NRS 453.011 to 453.552, inclusive, or regulations of the Board or Division, and seizures of property appropriate to the inspections. For purposes of the issuance of administrative inspection warrants, probable cause exists upon showing a valid public interest in the effective enforcement of the provisions of NRS 453.011 to 453.552, inclusive, or regulations of the Board or Division, sufficient to justify administrative inspection of the area, premises, building or conveyance in the circumstances specified in the application for the warrant.

      (b) A warrant must issue only upon an affidavit of an officer or employee of the Board or Division having knowledge of the facts alleged, sworn to before the magistrate and establishing the grounds for issuing the warrant. If the magistrate is satisfied that grounds for the application exist or that there is probable cause to believe they exist, the magistrate shall issue a warrant identifying the area, premises, building or conveyance to be inspected, the purpose of the inspection, and, if appropriate, the type of property to be inspected, if any.

      2.  The warrant must:

      (a) State the grounds for its issuance and the name of each person whose affidavit has been taken in support thereof;

      (b) Be directed to a person authorized to execute it;

      (c) Command the person to whom it is directed to permit the inspection of the area, premises, building or conveyance identified for the purpose specified and, if appropriate, direct the seizure of the property specified;

      (d) Identify the item or types of property to be seized, if any; and

      (e) Direct that it be served during normal business hours and designate the magistrate to whom it shall be returned.

      3.  A warrant issued pursuant to this section must be executed and returned within 10 days of its date of issuance unless, upon a showing of a need for additional time, the magistrate orders otherwise.

      4.  If property is seized pursuant to a warrant, a copy must be given to the person from whom or from whose premises the property is taken, together with a receipt for the property taken.

      5.  The return of the warrant must be made promptly, accompanied by a written inventory of any property taken. The inventory must be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if present, or in the presence of at least one credible person other than the person executing the warrant. A copy of the inventory must be delivered to the person from whom or from whose premises the property was taken and to the applicant for the warrant.

      6.  The magistrate who has issued a warrant shall attach thereto a copy of the return and all papers returnable in connection therewith and file them with the clerk of the district court in the county in which the inspection was made.

      (Added to NRS by 1971, 2013; A 1973, 1208; 1979, 1666; 2003, 553)

      NRS 453.271  Powers of enforcement of officers and employees of Division.  Any officer or employee of the Division designated by his or her appointing authority may:

      1.  Carry firearms in the performance of his or her official duties;

      2.  Execute and serve search warrants, arrest warrants, administrative warrants for inspections, subpoenas and summonses issued under the authority of this State;

      3.  Make arrests without warrant for any offense under the provisions of NRS 453.011 to 453.552, inclusive, committed in the presence of the officer or employee, or if the officer or employee has probable cause to believe that the person to be arrested has committed or is committing a violation of such sections which may constitute a felony;

      4.  Make seizures of property pursuant to the provisions of NRS 453.011 to 453.552, inclusive; or

      5.  Perform other law enforcement duties as the Division designates.

      (Added to NRS by 1971, 2014; A 1973, 1209; 2001, 1057; 2003, 554)

      NRS 453.276  Injunctions.  The Board or the Attorney General may bring an action to enjoin any act which would be in violation of the provisions of this chapter. Such an action must be commenced in the district court for the county in which the act is to occur and must be in conformity with Rule 65 of the Nevada Rules of Civil Procedure, except that the Board or the Attorney General is not required to allege facts necessary to show or tending to show lack of adequate remedy at law or irreparable damage or loss. The action must be brought in the name of the State of Nevada.

      (Added to NRS by 1971, 2014; A 1973, 1209; 1979, 1667; 2001, 1057)

      NRS 453.281  Burden of proof; immunity of officers from liability.

      1.  It is not necessary for the State to negate any exemption or exception in the provisions of NRS 453.011 to 453.552, inclusive, in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under such sections. The burden of proof of any exemption or exception is upon the person claiming it.

      2.  In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under the provisions of NRS 453.011 to 453.552, inclusive:

      (a) The person is presumed not to be the holder of the registration or form; and

      (b) The burden of proof is upon the person to rebut the presumption.

      3.  No liability is imposed by the provisions of NRS 453.011 to 453.552, inclusive, upon any authorized state, county or municipal officer engaged in the lawful performance of his or her duties.

      (Added to NRS by 1971, 2014; A 1973, 1209; 2001, 1057; 2003, 554)

      NRS 453.286  Judicial review.  All final determinations, findings and conclusions of the Board or Division under the provisions of NRS 453.011 to 453.552, inclusive, are final and conclusive decisions of the matters involved. Any person aggrieved by the decision is entitled to judicial review of the decision in the manner provided by chapter 233B of NRS. Findings of fact by the Board or Division, if supported by substantial evidence, are conclusive.

      (Added to NRS by 1971, 2015; A 1973, 1210; 1989, 1654; 2001, 1058; 2003, 554)

Forfeitures

      NRS 453.301  Property subject to forfeiture.  The following are subject to forfeiture pursuant to NRS 179.1156 to 179.119, inclusive:

      1.  All controlled substances which have been manufactured, distributed, dispensed or acquired in violation of the provisions of NRS 453.011 to 453.552, inclusive, or a law of any other jurisdiction which prohibits the same or similar conduct.

      2.  All raw materials, products and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing or exporting any controlled substance in violation of the provisions of NRS 453.011 to 453.552, inclusive, or a law of any other jurisdiction which prohibits the same or similar conduct.

      3.  All property which is used, or intended for use, as a container for property described in subsections 1 and 2.

      4.  All books, records and research products and materials, including formulas, microfilm, tapes and data, which are used, or intended for use, in violation of the provisions of NRS 453.011 to 453.552, inclusive, or a law of any other jurisdiction which prohibits the same or similar conduct.

      5.  All conveyances, including aircraft, vehicles or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, concealment, manufacture or protection, for the purpose of sale, possession for sale or receipt of property described in subsection 1 or 2.

      6.  All drug paraphernalia as defined by NRS 453.554 which are used in violation of NRS 453.560, 453.562 or 453.566 or a law of any other jurisdiction which prohibits the same or similar conduct, or of an injunction issued pursuant to NRS 453.558.

      7.  All imitation controlled substances which have been manufactured, distributed or dispensed in violation of the provisions of NRS 453.332 or 453.3611 to 453.3648, inclusive, or a law of any other jurisdiction which prohibits the same or similar conduct.

      8.  All real property and mobile homes used or intended to be used by any owner or tenant of the property or mobile home to facilitate a violation of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, or used or intended to be used to facilitate a violation of a law of any other jurisdiction which prohibits the same or similar conduct as prohibited in NRS 453.011 to 453.552, inclusive, except NRS 453.336. As used in this subsection, “tenant” means any person entitled, under a written or oral rental agreement, to occupy real property or a mobile home to the exclusion of others.

      9.  Everything of value furnished or intended to be furnished in exchange for a controlled substance in violation of the provisions of NRS 453.011 to 453.552, inclusive, or a law of any other jurisdiction which prohibits the same or similar conduct, all proceeds traceable to such an exchange, and all other property used or intended to be used to facilitate a violation of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, or used or intended to be used to facilitate a violation of a law of any other jurisdiction which prohibits the same or similar conduct as prohibited in NRS 453.011 to 453.552, inclusive, except NRS 453.336. If an amount of cash which exceeds $300 is found in the possession of a person who is arrested for a violation of NRS 453.337 or 453.338, then there is a rebuttable presumption that the cash is traceable to an exchange for a controlled substance and is subject to forfeiture pursuant to this subsection.

      10.  All firearms, as defined by NRS 202.253, which are in the actual or constructive possession of a person who possesses or is consuming, manufacturing, transporting, selling or under the influence of any controlled substance in violation of the provisions of NRS 453.011 to 453.552, inclusive, or a law of any other jurisdiction which prohibits the same or similar conduct.

      11.  All computer hardware, equipment, accessories, software and programs that are in the actual or constructive possession of a person who owns, operates, controls, profits from or is employed or paid by an illegal Internet pharmacy and who violates the provisions of NRS 453.3611 to 453.3648, inclusive, or a law of any other jurisdiction which prohibits the same or similar conduct.

      (Added to NRS by 1971, 2016; A 1973, 1211; 1977, 1409; 1981, 408; 1983, 288, 440, 922; 1987, 1385; 1989, 11, 1231; 1991, 336; 2001, 1058; 2003, 554)

      NRS 453.305  Forfeiture of real property or mobile home: Notices to owner.

      1.  Whenever a person is arrested for violating any of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, and real property or a mobile home occupied by the person as a tenant has been used to facilitate the violation, the prosecuting attorney responsible for the case shall cause to be delivered to the owner of the property or mobile home a written notice of the arrest.

      2.  Whenever a person is convicted of violating any of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, and real property or a mobile home occupied by the person as a tenant has been used to facilitate the violation, the prosecuting attorney responsible for the case shall cause to be delivered to the owner of the property or mobile home a written notice of the conviction.

      3.  The notices required by this section must:

      (a) Be written in language which is easily understood;

      (b) Be sent by certified or registered mail, return receipt requested, to the owner at the owner’s last known address;

      (c) Be sent within 15 days after the arrest occurs or judgment of conviction is entered against the tenant, as the case may be;

      (d) Identify the tenant involved and the offense for which the tenant has been arrested or convicted; and

      (e) Advise the owner that:

             (1) The property or mobile home is subject to forfeiture pursuant to NRS 179.1156 to 179.119, inclusive, and 453.301 unless the tenant, if convicted, is evicted;

             (2) Any similar violation by the same tenant in the future may also result in the forfeiture of the property unless the tenant has been evicted;

             (3) In any proceeding for forfeiture based upon such a violation the owner will, by reason of the notice, be deemed to have known of and consented to the unlawful use of the property or mobile home; and

             (4) The provisions of NRS 40.2514 and 40.254 authorize the supplemental remedy of summary eviction to facilitate the owner’s recovery of the property or mobile home upon such a violation and provide for the recovery of any reasonable attorney’s fees the owner incurs in doing so.

      4.  Nothing in this section shall be deemed to preclude the commencement of a proceeding for forfeiture or the forfeiture of the property or mobile home, whether or not the notices required by this section are given as required, if the proceeding and forfeiture are otherwise authorized pursuant to NRS 179.1156 to 179.119, inclusive, and 453.301.

      5.  As used in this section, “tenant” means any person entitled under a written or oral rental agreement to occupy real property or a mobile home to the exclusion of others.

      (Added to NRS by 1989, 1230; A 2001, 1059; 2003, 556)

      NRS 453.311  Controlled substances; plants; seizure and forfeiture.

      1.  Controlled substances listed in schedule I:

      (a) That are possessed, transferred, sold or offered for sale in violation of the provisions of NRS 453.011 to 453.552, inclusive, are contraband and must be seized and summarily forfeited to the State.

      (b) Which are seized or come into the possession of the State, the owners of which are unknown, are contraband and must be summarily forfeited to the State.

      2.  Species of plants from which controlled substances in schedules I and II may be derived which have been planted or cultivated in violation of the provisions of NRS 453.011 to 453.552, inclusive, or of which the owners or cultivators are unknown, or which are wild growths, may be seized and summarily forfeited to the State.

      3.  The failure, upon demand by the Division or other law enforcement agency, or the authorized agent of either, of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored, to produce an appropriate registration, or proof that the person is the holder thereof, constitutes authority for the seizure and forfeiture of the plants.

      (Added to NRS by 1971, 2017; A 1973, 1212; 2001, 1060; 2003, 556)

Offenses and Penalties

      NRS 453.316  Unlawful to open or maintain place for unlawful sale, gift or use of controlled substance; penalties; probation or suspension of sentence for certain repeat offenders not allowed.

      1.  A person who opens or maintains any place for the purpose of unlawfully selling, giving away or using any controlled substance is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $10,000, except as otherwise provided in subsection 2.

      2.  If a person convicted of violating this section has previously been convicted of violating this section, or if, in the case of a first conviction of violating this section, the person has been convicted of an offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under this section, the person is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $20,000. The court shall not grant probation to or suspend the sentence of a person convicted of violating this section if the person has been previously convicted under this section or of any other offense described in this subsection.

      3.  This section does not apply to any rehabilitation clinic established or licensed by the Division of Public and Behavioral Health of the Department.

      (Added to NRS by 1971, 2018; A 1973, 1406; 1977, 1410; 1979, 1471; 1995, 1281)

      NRS 453.321  Offer, attempt or commission of unauthorized act relating to controlled or counterfeit substance unlawful; penalties; prohibition against probation or suspension of sentence for certain repeat offenders.

      1.  Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to:

      (a) Import, transport, sell, exchange, barter, supply, prescribe, dispense, give away or administer a controlled or counterfeit substance;

      (b) Manufacture or compound a counterfeit substance; or

      (c) Offer or attempt to do any act set forth in paragraph (a) or (b).

      2.  Unless a greater penalty is provided in NRS 453.333 or 453.334, if a person violates subsection 1 and the controlled substance is classified in schedule I or II, the person is guilty of a category B felony and shall be punished:

      (a) For the first offense, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $20,000.

      (b) For a second offense, or if, in the case of a first conviction under this subsection, the offender has previously been convicted of an offense under this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to an offense under this section, by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $20,000.

      (c) For a third or subsequent offense, or if the offender has previously been convicted two or more times under this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to an offense under this section, by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $20,000 for each offense.

      3.  The court shall not grant probation to or suspend the sentence of a person convicted under subsection 2 and punishable pursuant to paragraph (b) or (c) of subsection 2.

      4.  Unless a greater penalty is provided in NRS 453.333 or 453.334, if a person violates subsection 1, and the controlled substance is classified in schedule III, IV or V, the person shall be punished:

      (a) For the first offense, for a category C felony as provided in NRS 193.130.

      (b) For a second offense, or if, in the case of a first conviction of violating this subsection, the offender has previously been convicted of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a violation of this section, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $15,000.

      (c) For a third or subsequent offense, or if the offender has previously been convicted two or more times of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a violation of this section, for a category B felony by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $20,000 for each offense.

      5.  The court shall not grant probation to or suspend the sentence of a person convicted under subsection 4 and punishable pursuant to paragraph (b) or (c) of subsection 4.

      (Added to NRS by 1971, 2018; A 1973, 1213, 1372; 1977, 1411; 1979, 1471, 1667; 1981, 739; 1983, 510; 1995, 1281; 1999, 2637)

      NRS 453.322  Offer, attempt or commission of unauthorized act relating to manufacture or compounding of certain controlled substances unlawful; penalty; prohibition against probation of offenders.

      1.  Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to knowingly or intentionally:

      (a) Manufacture or compound a controlled substance other than marijuana.

      (b) Possess, with the intent to manufacture or compound a controlled substance other than marijuana, or sell, exchange, barter, supply, prescribe, dispense or give away, with the intent that the chemical be used to manufacture or compound a controlled substance other than marijuana:

             (1) Any chemical identified in subsection 4; or

             (2) Any other chemical which is proven by expert testimony to be commonly used in manufacturing or compounding a controlled substance other than marijuana. The district attorney may present expert testimony to provide a prima facie case that any chemical, whether or not it is a chemical identified in subsection 4, is commonly used in manufacturing or compounding such a controlled substance.

Ê The provisions of this paragraph do not apply to a person who, without the intent to commit an unlawful act, possesses any chemical at a laboratory that is licensed to store the chemical.

      (c) Offer or attempt to do any act set forth in paragraph (a) or (b).

      2.  Unless a greater penalty is provided in NRS 453.3385 or 453.3395, a person who violates any provision of subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $100,000.

      3.  The court shall not grant probation to a person convicted pursuant to this section.

      4.  The following chemicals are identified for the purposes of subsection 1:

      (a) Acetic anhydride.

      (b) Acetone.

      (c) N-Acetylanthranilic acid, its esters and its salts.

      (d) Anthranilic acid, its esters and its salts.

      (e) Benzaldehyde, its salts, isomers and salts of isomers.

      (f) Benzyl chloride.

      (g) Benzyl cyanide.

      (h) 1,4-Butanediol.

      (i) 2-Butanone (or methyl ethyl ketone or MEK).

      (j) Ephedrine, its salts, isomers and salts of isomers.

      (k) Ergonovine and its salts.

      (l) Ergotamine and its salts.

      (m) Ethylamine, its salts, isomers and salts of isomers.

      (n) Ethyl ether.

      (o) Gamma butyrolactone.

      (p) Hydriodic acid, its salts, isomers and salts of isomers.

      (q) Hydrochloric gas.

      (r) Iodine.

      (s) Isosafrole, its salts, isomers and salts of isomers.

      (t) Lithium metal.

      (u) Methylamine, its salts, isomers and salts of isomers.

      (v) 3,4-Methylenedioxy-phenyl-2-propanone.

      (w) N-Methylephedrine, its salts, isomers and salts of isomers.

      (x) Methyl isobutyl ketone (MIBK).

      (y) N-Methylpseudoephedrine, its salts, isomers and salts of isomers.

      (z) Nitroethane, its salts, isomers and salts of isomers.

      (aa) Norpseudoephedrine, its salts, isomers and salts of isomers.

      (bb) Phenylacetic acid, its esters and its salts.

      (cc) Phenylpropanolamine, its salts, isomers and salts of isomers.

      (dd) Piperidine and its salts.

      (ee) Piperonal, its salts, isomers and salts of isomers.

      (ff) Potassium permanganate.

      (gg) Propionic anhydride, its salts, isomers and salts of isomers.

      (hh) Pseudoephedrine, its salts, isomers and salts of isomers.

      (ii) Red phosphorous.

      (jj) Safrole, its salts, isomers and salts of isomers.

      (kk) Sodium metal.

      (ll) Sulfuric acid.

      (mm) Toluene.

      (Added to NRS by 1999, 2636; A 2003, 1396; 2007, 3126)

      NRS 453.324  Unlawful to possess or dispose of methamphetamine manufacturing waste; exception; penalty.

      1.  Except as otherwise provided in subsection 2, a person who knowingly possesses or disposes of methamphetamine manufacturing waste is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      2.  A person does not violate subsection 1 if the person:

      (a) Possesses or disposes of the methamphetamine manufacturing waste pursuant to state or federal laws regulating the storage, cleanup or disposal of waste products from unlawful methamphetamine manufacturing;

      (b) Has notified a law enforcement agency of the existence of the methamphetamine manufacturing waste; or

      (c) Possesses or disposes of methamphetamine manufacturing waste that had previously been disposed of by another person on the person’s property in violation of subsection 1.

      3.  As used in this section:

      (a) “Disposes of” means to discharge, deposit, inject, spill, leak or place methamphetamine manufacturing waste into or onto land or water.

      (b) “Methamphetamine manufacturing waste” means chemical waste or debris, used in or resulting from:

             (1) The manufacture of any material, compound, mixture or preparation which contains any quantity of methamphetamine; or

             (2) The grinding, soaking or otherwise breaking down of a substance that is a precursor for the manufacture of any material, compound, mixture or preparation which contains any quantity of methamphetamine.

      (Added to NRS by 2007, 3125)

      NRS 453.326  Unlawful acts relating to recordkeeping, inspections and knowingly keeping or maintaining place where controlled substances are unlawfully used, kept or sold; penalty.

      1.  It is unlawful for a person:

      (a) To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under the provisions of NRS 453.011 to 453.552, inclusive;

      (b) To refuse an entry into any premises for any inspection authorized by the provisions of NRS 453.011 to 453.552, inclusive; or

      (c) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft or other structure or place which is resorted to by persons using controlled substances in violation of the provisions of NRS 453.011 to 453.552, inclusive, for the purpose of using these substances, or which is used for keeping or selling them in violation of those sections.

      2.  A person who violates this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      (Added to NRS by 1971, 2019; A 1973, 1214; 1979, 1472; 1995, 1283; 1999, 2638; 2001, 1060; 2003, 557)

      NRS 453.331  Unlawful acts relating to distribution of certain controlled substances by registrants, use of unauthorized registration number and possession of signed blank prescription forms; certain fraudulent acts prohibited; penalty.

      1.  It is unlawful for a person knowingly or intentionally to:

      (a) Distribute as a registrant a controlled substance classified in schedule I or II, except pursuant to an order form as required by NRS 453.251;

      (b) Use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended or issued to another person;

      (c) Assume falsely the title of or represent himself or herself as a registrant or other person authorized to possess controlled substances;

      (d) Acquire or obtain or attempt to acquire or obtain possession of a controlled substance or a prescription for a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge or alteration;

      (e) Furnish false or fraudulent material information in, or omit any material information from, any application, report or other document required to be kept or filed under the provisions of NRS 453.011 to 453.552, inclusive, or any record required to be kept by those sections;

      (f) Sign the name of a fictitious person or of another person on any prescription for a controlled substance or falsely make, alter, forge, utter, publish or pass, as genuine, any prescription for a controlled substance;

      (g) Make, distribute or possess any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name or other identifying mark, imprint or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance;

      (h) Possess prescription blanks which have been signed before being filled out; or

      (i) Make a false representation to a pharmacist for the purpose of obtaining a controlled substance for which a prescription is required.

      2.  A person who violates this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      (Added to NRS by 1971, 2019; A 1973, 1214; 1975, 988; 1979, 1318; 1981, 1962; 1985, 886; 1987, 950; 1995, 1283)

      NRS 453.332  Unlawful acts relating to imitation controlled substances; penalties.

      1.  Except as otherwise provided in subsection 6, it is unlawful for a person to manufacture, distribute, sell or possess with the intent to distribute or sell an imitation controlled substance.

      2.  Except as otherwise provided in subsection 3, a person who violates subsection 1 is guilty of a misdemeanor.

      3.  A person who is 18 years of age or older who distributes or sells an imitation controlled substance to a person who is under the age of 18 years is guilty of a category C felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court may order the convicted person to pay restitution for any reasonable costs incurred for the participation of the person to whom he or she distributed or sold the imitation controlled substance in a program for the treatment of the abuse of controlled substances. If the court orders the convicted person to make such restitution, the court shall notify the parent, guardian or other person legally responsible for the person to whom the imitation controlled substance was distributed or sold that such restitution has been ordered.

      4.  A person who:

      (a) Uses or possesses with the intent to use an imitation controlled substance; or

      (b) Advertises or solicits in any manner with reasonable knowledge that the advertisement or solicitation is to promote the distribution of an imitation controlled substance,

Ê is guilty of a gross misdemeanor upon the person’s first and second convictions, and upon a third or any further conviction, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      5.  For the purposes of this section:

      (a) “Distribute” means the actual, constructive or attempted transfer, delivery or dispensing to another of an imitation controlled substance.

      (b) “Imitation controlled substance” means a substance, not a controlled substance, which:

             (1) In the form distributed is shaped, marked or colored so as to lead a reasonable person to believe it is a controlled substance; or

             (2) Is represented to be a controlled substance. In determining whether such a representation was made, the court shall consider, in addition to all other logically relevant factors:

                   (I) Statements made by the defendant regarding the nature of the substance, its use or effect.

                   (II) Statements made by the defendant regarding the recipient’s ability to resell the substance at a substantially higher price than is customary for the substance.

                   (III) Whether the substance is packaged in a manner normally used for illicit controlled substances.

      6.  This section does not apply to the manufacture, distribution, sale or possession of an imitation controlled substance for use as a placebo by a practitioner in the course of his or her professional practice or research.

      (Added to NRS by 1983, 920; A 1995, 1284; 1999, 748)

      NRS 453.3325  Unlawful to allow child to be present during commission of certain violations which involve controlled substances other than marijuana; penalties; probation or suspended sentence prohibited.

      1.  A person shall not intentionally allow a child to be present in any conveyance or upon any premises wherein a controlled substance other than marijuana:

      (a) Is being used in violation of the provisions of NRS 453.011 to 453.552, inclusive, if the person in any manner knowingly engages in or conspires with, aids or abets another person to engage in such activity;

      (b) Is being sold, exchanged, bartered, supplied, prescribed, dispensed, given away or administered in violation of the provisions of NRS 453.011 to 453.552, inclusive, if the person in any manner knowingly engages in or conspires with, aids or abets another person to engage in such activity; or

      (c) Is being or has been manufactured or compounded in violation of the provisions of NRS 453.011 to 453.552, inclusive, if the person in any manner knowingly engages in or conspires with, aids or abets another person to engage in such activity.

      2.  Unless a greater penalty is provided by specific statute:

      (a) A person who violates the provisions of paragraph (a) of subsection 1:

             (1) If the violation does not proximately cause substantial bodily harm or death to the child, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

             (2) If the violation proximately causes substantial bodily harm to the child other than death, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 6 years and a maximum term of not more than 20 years, and shall be further punished by a fine of not more than $20,000.

             (3) If the violation proximately causes the death of the child, is guilty of murder, which is a category A felony, and shall be punished as provided in NRS 200.030.

      (b) A person who violates the provisions of paragraph (b) of subsection 1:

             (1) If the violation does not proximately cause substantial bodily harm or death to the child, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and shall be further punished by a fine of not more than $10,000.

             (2) If the violation proximately causes substantial bodily harm to the child other than death, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 6 years and a maximum term of not more than 20 years, and shall be further punished by a fine of not more than $20,000.

             (3) If the violation proximately causes the death of the child, is guilty of murder, which is a category A felony, and shall be punished as provided in NRS 200.030.

      (c) A person who violates the provisions of paragraph (c) of subsection 1:

             (1) If the violation does not proximately cause substantial bodily harm or death to the child, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 20 years, and shall be further punished by a fine of not more than $15,000.

             (2) If the violation proximately causes substantial bodily harm to the child other than death, is guilty of a category A felony and shall be punished by imprisonment in the state prison:

                   (I) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

                   (II) For a definite term of 40 years, with eligibility for parole beginning when a minimum of 10 years has been served,

Ê and shall be further punished by a fine of not more than $50,000.

             (3) If the violation proximately causes the death of the child, is guilty of murder, which is a category A felony, and shall be punished as provided in NRS 200.030.

      3.  Except as otherwise provided in NRS 453.3363, the court shall not grant probation to or suspend the sentence of a person convicted pursuant to this section.

      4.  As used in this section:

      (a) “Child” means a person who is less than 18 years of age.

      (b) “Conveyance” means any vessel, boat, vehicle, airplane, glider, house trailer, travel trailer, motor home or railroad car, or other means of conveyance.

      (c) “Premises” means any temporary or permanent structure, including, without limitation, any building, house, room, apartment, tenement, shed, carport, garage, shop, warehouse, store, mill, barn, stable, outhouse or tent, whether located aboveground or underground and whether inhabited or not.

      (Added to NRS by 2005, 1056)

      NRS 453.333  Penalties for making available controlled substance which causes death.  If the death of a person is proximately caused by a controlled substance which was sold, given, traded or otherwise made available to him or her by another person in violation of this chapter, the person who sold, gave or traded or otherwise made the substance available to him or her is guilty of murder. If convicted of murder in the second degree, the person is guilty of a category A felony and shall be punished as provided in subsection 5 of NRS 200.030. If convicted of murder in the first degree, the person is guilty of a category A felony and shall be punished as provided in subsection 4 of NRS 200.030, except that the punishment of death may be imposed only if the requirements of paragraph (a) of subsection 4 of that section have been met and if the defendant is or has previously been convicted of violating NRS 453.3385, 453.339 or 453.3395 or a law of any other jurisdiction which prohibits the same conduct.

      (Added to NRS by 1983, 510; A 1985, 1598; 1987, 1462; 1995, 1285)

      NRS 453.3335  Additional penalty for failing to render or seek medical assistance for person injured or killed by use of controlled substance under certain circumstances.

      1.  Except as otherwise provided in NRS 193.169, a defendant who is found guilty of violating NRS 453.321 or 453.333 where:

      (a) The use of the controlled substance by a person resulted in death or substantial bodily harm to the person;

      (b) The defendant was in the presence of the injured person when the injured person manifested an adverse physical reaction to the controlled substance; and

      (c) The defendant failed to render or seek necessary medical assistance for the injured person in a timely manner,

Ê shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section runs consecutively with the sentence prescribed by statute for the crime.

      2.  This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

      (Added to NRS by 2003, 871)

      NRS 453.334  Penalty for second or subsequent offense of sale of controlled substance to minor.  Unless a greater penalty is provided in NRS 453.333, a person who is convicted of selling a controlled substance to a minor in violation of this chapter is guilty of a category A felony and shall be punished for a second or subsequent violation by imprisonment in the state prison:

      1.  For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served; or

      2.  For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served,

Ê and may be further punished by a fine of not more than $20,000. In addition to any other penalty, the court may order a person who is 18 years of age or older who is convicted of selling a controlled substance to a minor in violation of this chapter to pay restitution for any reasonable costs incurred for the participation of the minor in a program for the treatment of the abuse of controlled substances. If the court orders the convicted person to make such restitution, the court shall notify the parent, guardian or other person legally responsible for the minor that such restitution has been ordered.

      (Added to NRS by 1983, 510; A 1995, 1285; 1999, 749)

      NRS 453.3345  Additional penalty for commission of certain violations at or near school, school bus stop, recreational facilities for minors or public park.

      1.  Unless a greater penalty is provided in NRS 453.333 or 453.334, and except as otherwise provided in NRS 193.169, any person who violates NRS 453.321 or 453.322:

      (a) On the grounds of a public or private school, a playground, public park, public swimming pool, recreational center for youths or a video arcade;

      (b) On a campus of the Nevada System of Higher Education;

      (c) Within 1,000 feet of the perimeter of such a school ground or campus, playground, park, pool, recreational center or arcade; or

      (d) Within 1,000 feet of a school bus stop from 1 hour before school begins until 1 hour after school ends during scheduled school days,

Ê must be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section runs consecutively with the sentence prescribed by statute for the crime.

      2.  This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

      3.  For the purposes of this section:

      (a) “Playground” means any outdoor facility, intended for recreation, open to the public and in any portion thereof containing one or more apparatus intended for the recreation of children, such as a sliding board, teeterboard, sandbox or swingset.

      (b) “Recreational center for youths” means a recreational facility or gymnasium which regularly provides athletic, civic or cultural activities for persons under 18 years of age.

      (c) “School bus” has the meaning ascribed to it in NRS 483.160.

      (d) “Video arcade” means a facility legally accessible to persons under 18 years of age, intended primarily for the use of pinball and video machines for amusement and which contains a minimum of 10 such machines.

      (Added to NRS by 1989, 2066; A 1991, 1060; 1993, 406; 1999, 731, 2639; 2001, 193, 194; 2003, 383)

      NRS 453.3351  Additional penalty for commission of certain violations which involve methamphetamine under certain circumstances.

      1.  Unless a greater penalty is provided by law, and except as otherwise provided in NRS 193.169, any person who violates NRS 453.322, 453.3385 or 453.3395 where the violation included the manufacture of any material, compound, mixture or preparation which contains any quantity of methamphetamine:

      (a) Within 500 feet of a residence, business, church, synagogue or other place of religious worship, public or private school, campus of the Nevada System of Higher Education, playground, public park, public swimming pool or recreational center for youths; or

      (b) In a manner which creates a great risk of death or substantial bodily harm to another person,

Ê shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section runs consecutively with the sentence prescribed by statute for the crime.

      2.  This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

      3.  For the purposes of this section:

      (a) “Playground” has the meaning ascribed to it in NRS 453.3345.

      (b) “Recreational center for youths” has the meaning ascribed to it in NRS 453.3345.

      (c) “Residence” means any house, room, apartment, tenement, manufactured home as defined in NRS 489.113, or mobile home as defined in NRS 489.120, that is designed or intended for occupancy.

      (Added to NRS by 2003, 339; A 2005, 1058)

      NRS 453.3353  Additional and alternative penalties for commission of certain violations which involve controlled substances other than marijuana and result in death or substantial bodily harm to another person.

      1.  Unless a greater penalty is provided by law, and except as otherwise provided in this section and NRS 193.169, if:

      (a) A person violates NRS 453.322, 453.3385 or 453.3395, and the violation involves the manufacturing or compounding of any controlled substance other than marijuana; and

      (b) During the discovery or cleanup of the premises at, on or in which the controlled substance was manufactured or compounded, another person suffers substantial bodily harm other than death as the proximate result of the manufacturing or compounding of the controlled substance,

Ê the person who committed the offense shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the offense. The sentence prescribed by this subsection runs consecutively with the sentence prescribed by statute for the offense.

      2.  Unless a greater penalty is provided by law, and except as otherwise provided in NRS 193.169, if:

      (a) A person violates NRS 453.322, 453.3385 or 453.3395, and the violation involves the manufacturing or compounding of any controlled substance other than marijuana; and

      (b) During the discovery or cleanup of the premises at, on or in which the controlled substance was manufactured or compounded, another person suffers death as the proximate result of the manufacturing or compounding of the controlled substance,

Ê the offense shall be deemed a category A felony and the person who committed the offense shall be punished by imprisonment in the state prison:

             (1) For life without the possibility of parole;

             (2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or

             (3) For a definite term of 50 years, with eligibility for parole beginning when a minimum of 20 years has been served.

      3.  Subsection 1 does not create a separate offense but provides an additional penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact. Subsection 2 does not create a separate offense but provides an alternative penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact.

      4.  As used in this section, “premises” means:

      (a) Any temporary or permanent structure, including, without limitation, any building, house, room, apartment, tenement, shed, carport, garage, shop, warehouse, store, mill, barn, stable, outhouse or tent; or

      (b) Any conveyance, including, without limitation, any vessel, boat, vehicle, airplane, glider, house trailer, travel trailer, motor home or railroad car,

Ê whether located aboveground or underground and whether inhabited or not.

      (Added to NRS by 2005, 945)

      NRS 453.336  Unlawful possession not for purpose of sale: Prohibition; penalties; exception.

      1.  Except as otherwise provided in subsection 5, a person shall not knowingly or intentionally possess a controlled substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician, optometrist, advanced practice registered nurse or veterinarian while acting in the course of his or her professional practice, or except as otherwise authorized by the provisions of NRS 453.005 to 453.552, inclusive.

      2.  Except as otherwise provided in subsections 3 and 4 and in NRS 453.3363, and unless a greater penalty is provided in NRS 212.160, 453.3385, 453.339 or 453.3395, a person who violates this section shall be punished:

      (a) For the first or second offense, if the controlled substance is listed in schedule I, II, III or IV, for a category E felony as provided in NRS 193.130.

      (b) For a third or subsequent offense, if the controlled substance is listed in schedule I, II, III or IV, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.

      (c) For the first offense, if the controlled substance is listed in schedule V, for a category E felony as provided in NRS 193.130.

      (d) For a second or subsequent offense, if the controlled substance is listed in schedule V, for a category D felony as provided in NRS 193.130.

      3.  Unless a greater penalty is provided in NRS 212.160, 453.337 or 453.3385, a person who is convicted of the possession of flunitrazepam or gamma-hydroxybutyrate, or any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.

      4.  Unless a greater penalty is provided pursuant to NRS 212.160, a person who is convicted of the possession of 1 ounce or less of marijuana:

      (a) For the first offense, is guilty of a misdemeanor and shall be:

             (1) Punished by a fine of not more than $600; or

             (2) Examined by an approved facility for the treatment of abuse of drugs to determine whether the person is a drug addict and is likely to be rehabilitated through treatment and, if the examination reveals that the person is a drug addict and is likely to be rehabilitated through treatment, assigned to a program of treatment and rehabilitation pursuant to NRS 453.580.

      (b) For the second offense, is guilty of a misdemeanor and shall be:

             (1) Punished by a fine of not more than $1,000; or

             (2) Assigned to a program of treatment and rehabilitation pursuant to NRS 453.580.

      (c) For the third offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140.

      (d) For a fourth or subsequent offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      5.  It is not a violation of this section if a person possesses a trace amount of a controlled substance and that trace amount is in or on a hypodermic device obtained from a sterile hypodermic device program pursuant to NRS 439.985 to 439.994, inclusive.

      6.  As used in this section:

      (a) “Controlled substance” includes flunitrazepam, gamma-hydroxybutyrate and each substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.

      (b) “Sterile hypodermic device program” has the meaning ascribed to it in NRS 439.943.

      (Added to NRS by 1971, 2019; A 1973, 1214; 1977, 1413; 1979, 1473; 1981, 740, 1210, 1962; 1983, 289; 1987, 759; 1991, 1660; 1993, 2234; 1995, 1285, 1719; 1997, 521, 525, 903; 1999, 1917; 2001, 410, 785, 797, 3067; 2007, 1864; 2013, 2084, 3173)

      NRS 453.3361  Unlawful possession not for purpose of sale: Local ordinances adopting penalties for certain similar offenses; allocation of fines collected for violation of local ordinance.

      1.  A local authority may enact an ordinance adopting the penalties set forth for misdemeanors in NRS 453.336 for similar offenses under a local ordinance. The ordinance must set forth the manner in which money collected from fines imposed by a court for a violation of the ordinance must be disbursed in accordance with subsection 2.

      2.  Money collected from fines imposed by a court for a violation of an ordinance enacted pursuant to subsection 1 must be evenly allocated among:

      (a) Nonprofit programs for the treatment of abuse of alcohol or drugs that are certified by the Division of Public and Behavioral Health of the Department;

      (b) A program of treatment and rehabilitation established by a court pursuant to NRS 453.580, if any; and

      (c) Local law enforcement agencies,

Ê in a manner determined by the court.

      3.  As used in this section, “local authority” means the governing board of a county, city or other political subdivision having authority to enact ordinances.

      (Added to NRS by 2001, 3066)

      NRS 453.3363  Suspension of proceedings and probation of accused under certain conditions; effect of discharge and dismissal.

      1.  If a person who has not previously been convicted of any offense pursuant to NRS 453.011 to 453.552, inclusive, or pursuant to any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant or hallucinogenic substances tenders a plea of guilty, guilty but mentally ill, nolo contendere or similar plea to a charge pursuant to subparagraph (1) of paragraph (a) of subsection 2 of NRS 453.3325, subsection 2 or 3 of NRS 453.336, NRS 453.411 or 454.351, or is found guilty or guilty but mentally ill of one of those charges, the court, without entering a judgment of conviction and with the consent of the accused, may suspend further proceedings and place the person on probation upon terms and conditions that must include attendance and successful completion of an educational program or, in the case of a person dependent upon drugs, of a program of treatment and rehabilitation pursuant to NRS 453.580.

      2.  Upon violation of a term or condition, the court may enter a judgment of conviction and proceed as provided in the section pursuant to which the accused was charged. Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, upon violation of a term or condition, the court may order the person to the custody of the Department of Corrections.

      3.  Upon fulfillment of the terms and conditions, the court shall discharge the accused and dismiss the proceedings against him or her. A nonpublic record of the dismissal must be transmitted to and retained by the Division of Parole and Probation of the Department of Public Safety solely for the use of the courts in determining whether, in later proceedings, the person qualifies under this section.

      4.  Except as otherwise provided in subsection 5, discharge and dismissal under this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the person discharged, in the contemplation of the law, to the status occupied before the arrest, indictment or information. The person may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made of the person for any purpose. Discharge and dismissal under this section may occur only once with respect to any person.

      5.  A professional licensing board may consider a proceeding under this section in determining suitability for a license or liability to discipline for misconduct. Such a board is entitled for those purposes to a truthful answer from the applicant or licensee concerning any such proceeding with respect to the applicant or licensee.

      (Added to NRS by 1991, 1647; A 1993, 1234, 1622; 1995, 557, 2468; 1997, 1189; 2001, 1061, 2624, 3068; 2001 Special Session, 241; 2003, 289, 306, 557, 1486; 2005, 1058; 2007, 1446)

      NRS 453.3365  Sealing of record of person convicted of possession of controlled substance not for purpose of sale; conditions.

      1.  Three years after a person is convicted and sentenced pursuant to subsection 3 of NRS 453.336, the court may order sealed all documents, papers and exhibits in that person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order, if the:

      (a) Person fulfills the terms and conditions imposed by the court and the parole and probation officer; and

      (b) Court, after a hearing, is satisfied that the person is rehabilitated.

      2.  Except as limited by subsection 4, after an accused is discharged from probation pursuant to NRS 453.3363, the court shall order sealed all documents, papers and exhibits in that person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order if the person fulfills the terms and conditions imposed by the court and the Division of Parole and Probation of the Department of Public Safety. The court shall order those records sealed without a hearing unless the Division of Parole and Probation petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.

      3.  If the court orders sealed the record of a person discharged pursuant to NRS 453.3363, it shall cause a copy of the order to be sent to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.

      4.  A professional licensing board is entitled, for the purpose of determining suitability for a license or liability to discipline for misconduct, to inspect and to copy from a record sealed pursuant to this section.

      (Added to NRS by 1987, 759; A 1991, 1662; 1993, 1624; 2001, 2625; 2009, 421)

      NRS 453.337  Unlawful possession for sale of flunitrazepam, gamma-hydroxybutyrate and schedule I or II substances; penalties.

      1.  Except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to possess for the purpose of sale flunitrazepam, gamma-hydroxybutyrate, any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor or any controlled substance classified in schedule I or II.

      2.  Unless a greater penalty is provided in NRS 453.3385, 453.339 or 453.3395, a person who violates this section shall be punished:

      (a) For the first offense, for a category D felony as provided in NRS 193.130.

      (b) For a second offense, or if, in the case of a first conviction of violating this section, the offender has previously been convicted of a felony under the Uniform Controlled Substances Act or of an offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under the Uniform Controlled Substances Act, for a category C felony as provided in NRS 193.130.

      (c) For a third or subsequent offense, or if the offender has previously been convicted two or more times of a felony under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under the Uniform Controlled Substances Act, for a category B felony by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $20,000 for each offense.

      3.  The court shall not grant probation to or suspend the sentence of a person convicted of violating this section and punishable pursuant to paragraph (b) or (c) of subsection 2.

      (Added to NRS by 1977, 1407; A 1981, 742; 1983, 291; 1995, 1287; 1997, 904)

      NRS 453.338  Unlawful possession for sale of substances classified in schedule III, IV or V; penalties.

      1.  Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to possess for the purpose of sale any controlled substance classified in schedule III, IV or V.

      2.  A person who violates this section shall be punished:

      (a) For the first and second offense, for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $10,000.

      (b) For a third or subsequent offense, or if the offender has been previously convicted two or more times of a felony under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under the Uniform Controlled Substances Act, for a category C felony as provided in NRS 193.130.

      3.  The court shall not grant probation to or suspend the sentence of a person convicted of violating this section and punishable under paragraph (b) of subsection 2.

      (Added to NRS by 1977, 1407; A 1979, 1474; 1981, 743; 1995, 1287; 1997, 523)

      NRS 453.3383  Determination of weight of controlled substance for purposes of NRS 453.3385, 453.339 and 453.3395.  For the purposes of NRS 453.3385, 453.339 and 453.3395, the weight of the controlled substance as represented by the person selling or delivering it is determinative if the weight as represented is greater than the actual weight of the controlled substance.

      (Added to NRS by 1985, 159)

      NRS 453.3385  Trafficking in controlled substances: Flunitrazepam, gamma-hydroxybutyrate and schedule I substances, except marijuana.  Except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, a person who knowingly or intentionally sells, manufactures, delivers or brings into this State or who is knowingly or intentionally in actual or constructive possession of flunitrazepam, gamma-hydroxybutyrate, any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor or any controlled substance which is listed in schedule I, except marijuana, or any mixture which contains any such controlled substance, shall be punished, unless a greater penalty is provided pursuant to NRS 453.322, if the quantity involved:

      1.  Is 4 grams or more, but less than 14 grams, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years and by a fine of not more than $50,000.

      2.  Is 14 grams or more, but less than 28 grams, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years and by a fine of not more than $100,000.

      3.  Is 28 grams or more, for a category A felony by imprisonment in the state prison:

      (a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

      (b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served,

Ê and by a fine of not more than $500,000.

      (Added to NRS by 1983, 287; A 1995, 1288; 1997, 905; 1999, 2639)

      NRS 453.339  Trafficking in controlled substances: Marijuana.

      1.  Except as otherwise provided in NRS 453.011 to 453.552, inclusive, a person who knowingly or intentionally sells, manufactures, delivers or brings into this State or who is knowingly or intentionally in actual or constructive possession of marijuana shall be punished, if the quantity involved:

      (a) Is 100 pounds or more, but less than 2,000 pounds, for a category C felony as provided in NRS 193.130 and by a fine of not more than $25,000.

      (b) Is 2,000 pounds or more, but less than 10,000 pounds, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years and by a fine of not more than $50,000.

      (c) Is 10,000 pounds or more, for a category A felony by imprisonment in the state prison:

             (1) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served; or

             (2) For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served,

Ê and by a fine of not more than $200,000.

      2.  For the purposes of this section:

      (a) “Marijuana” means all parts of any plant of the genus Cannabis, whether growing or not.

      (b) The weight of marijuana is its weight when seized or as soon as practicable thereafter.

      (Added to NRS by 1983, 287; A 1989, 661; 1995, 1288)

      NRS 453.3393  Unlawful to produce or process marijuana; exception; penalties. [Effective April 1, 2014.]

      1.  A person shall not knowingly or intentionally manufacture, grow, plant, cultivate, harvest, dry, propagate or process marijuana, except as specifically authorized by the provisions of this chapter or chapter 453A of NRS.

      2.  Unless a greater penalty is provided in NRS 453.339, a person who violates subsection 1, if the quantity involved is more than 12 marijuana plants, irrespective of whether the marijuana plants are mature or immature, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      3.  In addition to any punishment imposed pursuant to subsection 2, the court shall order a person convicted of a violation of subsection 1 to pay all costs associated with any necessary cleanup and disposal related to the manufacturing, growing, planting, cultivation, harvesting, drying, propagation or processing of the marijuana.

      (Added to NRS by 2013, 3700, effective April 1, 2014)

      NRS 453.3395  Trafficking in controlled substances: Schedule II substances.  Except as otherwise provided in NRS 453.011 to 453.552, inclusive, a person who knowingly or intentionally sells, manufactures, delivers or brings into this State or who is knowingly or intentionally in actual or constructive possession of any controlled substance which is listed in schedule II or any mixture which contains any such controlled substance shall be punished, unless a greater penalty is provided pursuant to NRS 453.322, if the quantity involved:

      1.  Is 28 grams or more, but less than 200 grams, for a category C felony as provided in NRS 193.130 and by a fine of not more than $50,000.

      2.  Is 200 grams or more, but less than 400 grams, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years and by a fine of not more than $100,000.

      3.  Is 400 grams or more, for a category A felony by imprisonment in the state prison:

      (a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served; or

      (b) For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served,

Ê and by a fine of not more than $250,000.

      (Added to NRS by 1983, 288; A 1995, 1289; 1999, 2640)

      NRS 453.3405  Trafficking in controlled substances: Suspended sentence limited; eligibility for parole; reduction or suspension of sentence of person assisting in investigation or prosecution of any offense; consideration of factors by court.

      1.  Except as otherwise provided in subsection 2, the adjudication of guilt and imposition of sentence of a person found guilty of trafficking in a controlled substance in violation of NRS 453.3385, 453.339 or 453.3395 must not be suspended and the person is not eligible for parole until the person has actually served the mandatory minimum term of imprisonment prescribed by the section under which the person was convicted.

      2.  The court, upon an appropriate motion, may reduce or suspend the sentence of any person convicted of violating any of the provisions of NRS 453.3385, 453.339 or 453.3395 if the court finds that the convicted person rendered substantial assistance in the investigation or prosecution of any offense. The arresting agency must be given an opportunity to be heard before the motion is granted. Upon good cause shown, the motion may be heard in camera.

      3.  Any appropriate reduction or suspension of a sentence pursuant to subsection 2 must be determined by the court, for reasons stated by the court that may include, without limitation, consideration of the following:

      (a) The court’s evaluation of the significance and usefulness of the convicted person’s assistance, taking into consideration the prosecuting attorney’s evaluation of the assistance rendered;

      (b) The truthfulness, completeness and reliability of any information or testimony provided by the convicted person;

      (c) The nature and extent of the convicted person’s assistance;

      (d) Any injury suffered or any danger or risk of injury to the convicted person or his or her family resulting from his or her assistance; and

      (e) The timeliness of the convicted person’s assistance.

      (Added to NRS by 1983, 288; A 1985, 159; 2009, 370)

      NRS 453.341  Prosecution or proceeding under prior law unaffected.

      1.  Prosecution for any violation of law occurring before January 1, 1972, is not affected or abated by the provisions of NRS 453.011 to 453.552, inclusive. If the offense being prosecuted is similar to one set out in NRS 453.321 to 453.552, inclusive, then the penalties under NRS 453.321 to 453.552, inclusive, apply if they are less than those under prior law.

      2.  Civil seizures or forfeitures and injunctive proceedings commenced before January 1, 1972, are not affected by the provisions of NRS 453.011 to 453.552, inclusive.

      3.  All administrative proceedings pending under prior laws which are superseded by NRS 453.011 to 453.552, inclusive, must be continued and brought to a final determination in accord with the laws and rules in effect before January 1, 1972. Any substance controlled under prior law which is not listed within schedules I to V, inclusive, is automatically controlled without further proceedings and must be listed in the appropriate schedule.

      4.  The Board shall initially permit persons to register who own or operate any establishment engaged in the dispensing of any controlled substance before January 1, 1972, and who are registered or licensed by the State.

      5.  NRS 453.011 to 453.552, inclusive, apply to violations of law, seizures and forfeiture, injunctive proceedings, administrative proceedings and investigations which occur on or after January 1, 1972.

      (Added to NRS by 1971, 2021; A 1973, 1216; 1995, 300; 1997, 510)

      NRS 453.346  Effect of conviction or acquittal under federal or other state laws.

      1.  If a violation of NRS 453.011 to 453.552, inclusive, is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this State.

      2.  The provisions of subsection 1 do not prohibit any licensing board within this State from proceeding administratively to suspend or revoke any certificate, license or permit held by any person who has been convicted of a violation of any federal or state controlled substance law.

      (Added to NRS by 1971, 2021; A 2001, 1061; 2003, 558)

      NRS 453.348  Previous convictions.  In any proceeding brought under NRS 453.316, 453.321, 453.322, 453.333, 453.334, 453.337, 453.338 or 453.401, any previous convictions of the offender for a felony relating to controlled substances must be alleged in the indictment or information charging the primary offense, but the conviction may not be alluded to on the trial of the primary offense nor may any evidence of the previous offense be produced in the presence of the jury except as otherwise prescribed by law. If the offender pleads guilty or guilty but mentally ill to, or is convicted of, the primary offense but denies any previous conviction charged, the court shall determine the issue after hearing all relevant evidence. A certified copy of a conviction of a felony is prima facie evidence of the conviction.

      (Added to NRS by 1977, 1408; A 1981, 1647; 1983, 511; 1995, 2468; 1999, 2640; 2003, 1487; 2007, 1447)

METHAMPHETAMINE PRECURSORS

      NRS 453.352  Definitions.  As used in NRS 453.352 to 453.359, inclusive, unless the context otherwise requires, the words and terms defined in NRS 453.3525, 453.353 and 453.3535 have the meanings ascribed to them in those sections.

      (Added to NRS by 2007, 775, 3123)

      NRS 453.3525  “Logbook” defined.  “Logbook” means a written or electronic list of each sale or transfer of a product that is a precursor to methamphetamine.

      (Added to NRS by 2007, 775, 3123)

      NRS 453.353  “Product that is a precursor to methamphetamine” defined.  “Product that is a precursor to methamphetamine” means a product that contains ephedrine, pseudoephedrine or phenylpropanolamine or the salts, optical isomers or salts of optical isomers of such chemicals and may be marketed or distributed lawfully in the United States under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. §§ 301 et seq., as a nonprescription drug.

      (Added to NRS by 2007, 775, 3123)

      NRS 453.3535  “Retail distributor” defined.  “Retail distributor” means a grocery store, general merchandise store, drugstore, pharmacy or other entity or person whose activities as a distributor of a product that is a precursor to methamphetamine are limited exclusively or almost exclusively to sales for personal use by an ultimate user, both in number of sales and volume of sales, either directly to walk-in customers or in face-to-face transactions by direct sales.

      (Added to NRS by 2007, 775, 3123)

      NRS 453.354  Manner of keeping, storing or placing methamphetamine precursor.  A retail distributor shall keep, store or place a product that is a precursor to methamphetamine in a locked case or cabinet or behind a counter so that the public does not have direct access to the product before a sale or transfer is made.

      (Added to NRS by 2007, 775, 3123)

      NRS 453.355  Limitations on sale or transfer of methamphetamine precursor by retail distributor; exception.

      1.  Except as otherwise provided in subsection 2, a retail distributor shall not:

      (a) Sell or transfer to the same person during any calendar day, without regard to the number of transactions, more than 3.6 grams of ephedrine base, pseudoephedrine base or phenylpropanolamine base or the salts, optical isomers or salts of optical isomers of such chemicals in a product that is a precursor to methamphetamine.

      (b) Sell or transfer to the same person during any 30-day period, without regard to the number of transactions, more than 9 grams of ephedrine base, pseudoephedrine base or phenylpropanolamine base or the salts, optical isomers or salts of optical isomers of such chemicals in a product that is a precursor to methamphetamine.

      (c) Sell at retail and in nonliquid form a product that is a precursor to methamphetamine, including, without limitation, gel caps, unless:

             (1) The product is packaged in blister packs, each blister containing not more than two dosage units; or

             (2) If the use of blister packs is technically infeasible, the product is packaged in unit dosage packets or pouches.

      2.  The provisions of subsection 1 do not apply if:

      (a) Pursuant to 21 U.S.C. § 830(e)(3), the Attorney General of the United States has determined that a product that is a precursor to methamphetamine cannot be used to manufacture methamphetamine and provided by regulation that the product is exempt from the provisions of 21 U.S.C. § 830(d).

      (b) The person who seeks to obtain a product that is a precursor to methamphetamine has a valid prescription for the product.

      (Added to NRS by 2007, 775, 3123; A 2013, 378)

      NRS 453.357  Retail distributor required to maintain logbook; information required to be entered in logbook at time of sale or transfer of methamphetamine precursor; requirements for sale or transfer of methamphetamine precursor; notice concerning entering false statement or representation in logbook; maintenance of entries in logbook; limitation on accessing, using, sharing or disclosing information in logbook.

      1.  A retail distributor shall maintain a logbook.

      2.  At the time of the sale or transfer of a product that is a precursor to methamphetamine, a retail distributor shall ensure that the following information is entered in the logbook:

      (a) The name of the product sold or transferred;

      (b) The quantity of the product sold or transferred;

      (c) The name and address of the purchaser or transferee;

      (d) The date and time of the sale or transfer; and

      (e) The type and number of the identification presented by the purchaser or transferee pursuant to paragraph (a) of subsection 3.

      3.  A retail distributor shall not sell or transfer a product that is a precursor to methamphetamine unless:

      (a) The prospective purchaser or transferee:

             (1) Presents an identification card which provides a photograph and which is issued by the Federal Government, this State or any other state, or a document that, with respect to identification, is considered acceptable pursuant to 21 U.S.C. § 830(e)(1); and

             (2) Signs his or her name in the logbook.

      (b) The retail distributor:

             (1) Determines that the name entered in the logbook corresponds to the name provided on the identification presented by the prospective purchaser or transferee; and

             (2) Has consulted the real-time, stop sale system, if required pursuant to NRS 639.440.

      4.  The retail distributor must include in the logbook or otherwise post or provide to a prospective purchaser or transferee a notice that entering a false statement or representation in the logbook may subject the prospective purchaser or transferee to criminal penalties under state law, as set forth in NRS 453.359, and under federal law, as set forth in 18 U.S.C. § 1001.

      5.  A retail distributor shall maintain each entry in the logbook for not less than 2 years after the date on which the entry is made.

      6.  A retail distributor shall not access, use or share the information in the logbook unless the accessing, using or sharing of the information is allowed by federal law or unless the purpose of accessing, using or sharing the information is to ensure compliance with this chapter or to facilitate a product recall to protect the health and safety of the public.

      7.  Upon a request, which is made for the purpose of enforcing the provisions of NRS 453.352 to 453.359, inclusive, or 639.400 to 639.450, inclusive, by a law enforcement agency of this State or a political subdivision thereof or a law enforcement agency of the Federal Government, a retail distributor shall disclose the information in the logbook to the law enforcement agency.

      (Added to NRS by 2007, 776, 3124; A 2013, 378)

      NRS 453.358  Civil penalty for violation.  If a retail distributor violates any provision of NRS 453.354, 453.355 or 453.357, the retail distributor is subject to a civil penalty pursuant to the provisions of NRS 453.553 to 453.5533, inclusive.

      (Added to NRS by 2007, 776, 3124)

      NRS 453.3585  Limitations on acquisition of methamphetamine precursor; exception; penalties.

      1.  Except as otherwise provided in subsection 2, a person shall not knowingly or intentionally purchase, receive or otherwise acquire:

      (a) During any calendar day more than 3.6 grams of ephedrine base, pseudoephedrine base or phenylpropanolamine base or the salts, optical isomers or salts of optical isomers of such chemicals in a product that is a precursor to methamphetamine; or

      (b) During any 30-day period, more than 9 grams of ephedrine base, pseudoephedrine base or phenylpropanolamine base or the salts, optical isomers or salts of optical isomers of such chemicals in a product that is a precursor to methamphetamine.

      2.  The provisions of this section do not apply if the person purchasing, receiving or otherwise acquiring a product that is a precursor to methamphetamine is a pharmacy, practitioner, retail distributor, wholesale distributor or dispenser that is purchasing, receiving or otherwise acquiring the product for the purpose of administering, distributing or dispensing it in a lawful manner.

      3.  A person who violates any of the provisions of this section is guilty of a misdemeanor, except that:

      (a) If the person violates any of the provisions of this section after a prior conviction under this chapter or the law of the United States or of any state, territory or district relating to a controlled substance has become final, the person is guilty of a gross misdemeanor; and

      (b) If the person violates any of the provisions of this section after two or more prior convictions under this chapter or the law of the United States or of any state, territory or district relating to a controlled substance, or a combination of two or more such prior convictions, have become final, the person is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      (Added to NRS by 2007, 776, 3125)

      NRS 453.359  Penalty for entering false statement or representation in logbook.  Any person who knowingly or intentionally enters a false statement or representation in a logbook is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      (Added to NRS by 2007, 777, 3125)

ILLEGAL INTERNET PHARMACIES

      NRS 453.3611  Definitions.  As used in NRS 453.3611 to 453.3648, inclusive, unless the context otherwise requires, the words and terms defined in NRS 453.3615 to 453.3628, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2001, 1052)

      NRS 453.3615  “Dangerous drug” defined.  “Dangerous drug” has the meaning ascribed to it in NRS 454.201.

      (Added to NRS by 2001, 1052)

      NRS 453.3618  “Illegal Internet pharmacy” defined.

      1.  “Illegal Internet pharmacy” means a person located within or outside this State who is not licensed and certified by the Board pursuant to chapter 639 of NRS to engage in the practice of pharmacy via the Internet and who knowingly:

      (a) Uses or attempts to use the Internet, in whole or in part, to communicate with or obtain information from another person; and

      (b) Uses or attempts to use such communication or information, in whole or in part, to:

             (1) Fill or refill a prescription for a prescription drug for the other person; or

             (2) Deliver or cause, allow or aid in the delivery of a controlled substance, imitation controlled substance, counterfeit substance or prescription drug to the other person.

      2.  The term does not include a person who is authorized by the provisions of NRS 453.011 to 453.552, inclusive, to dispense or distribute, unless the person is acting outside of that authorization.

      (Added to NRS by 2001, 1052)

      NRS 453.3621  “Imitation controlled substance” defined.  “Imitation controlled substance” has the meaning ascribed to it in NRS 453.332.

      (Added to NRS by 2001, 1052)

      NRS 453.3625  “Internet” defined.

      1.  “Internet” means:

      (a) The computer network commonly known as the Internet and any other computer network that is similar to or is a predecessor or successor of the Internet; and

      (b) Any identifiable site on the Internet or such other computer network.

      2.  The term includes, without limitation:

      (a) A website or other similar site on the World Wide Web;

      (b) A site that is identifiable through a Uniform Resource Location;

      (c) A site on a computer network that is owned, operated, administered or controlled by a provider of Internet service;

      (d) An electronic bulletin board;

      (e) A list server;

      (f) A newsgroup; or

      (g) A chat room.

      (Added to NRS by 2001, 1052)

      NRS 453.3628  “Prescription drug” defined.  “Prescription drug” means:

      1.  A controlled substance or dangerous drug that may be dispensed to an ultimate user only pursuant to a lawful prescription; and

      2.  Any other substance or drug substituted for such a controlled substance or dangerous drug.

      (Added to NRS by 2001, 1053)

      NRS 453.3633  Circumstances under which person has “reasonable cause to believe.”  For the purposes of NRS 453.3611 to 453.3648, inclusive, a person has “reasonable cause to believe” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.

      (Added to NRS by 2001, 1053)

      NRS 453.3635  Applicability.

      1.  The provisions of NRS 453.3611 to 453.3648, inclusive, do not apply to a person who is:

      (a) A common or contract carrier or warehouseman, or an employee thereof, unless the person is acting outside of the usual course of his or her business or employment and knows or has reasonable cause to believe that the act or transaction is unlawful.

      (b) The intended recipient of a substance or drug, unless the intended recipient knows or has reasonable cause to believe that the act or transaction is unlawful.

      2.  The provisions of NRS 453.3611 to 453.3648, inclusive, do not prohibit a person from filling or refilling a prescription for a prescription drug during the period in which the prescription is valid pursuant to NRS 453.256 if the person is otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, to dispense or distribute the prescription drug.

      (Added to NRS by 2001, 1053; A 2003, 558)

      NRS 453.3638  Unlawful acts relating to filling or refilling prescription or delivering certain substances or drugs; aiding unlawful act prohibited; penalties; multiple punishments authorized.

      1.  A person who is located within this State and who owns, operates, controls, profits from or is employed or paid by an illegal Internet pharmacy shall not:

      (a) Fill or refill a prescription for a prescription drug for another person located within or outside this State; or

      (b) Deliver or cause, allow or aid in the delivery of a controlled substance, imitation controlled substance, counterfeit substance or prescription drug to another person located within or outside this State.

      2.  A person who is located outside this State, who owns, operates, controls, profits from or is employed or paid by an illegal Internet pharmacy and who knows or has reasonable cause to believe that another person is located within this State shall not:

      (a) Fill or refill a prescription for a prescription drug for the other person; or

      (b) Deliver or cause, allow or aid in the delivery of a controlled substance, imitation controlled substance, counterfeit substance or prescription drug to the other person.

      3.  A person shall not knowingly aid another person in any act or transaction that violates the provisions of this section.

      4.  Except as otherwise provided in subsection 5, a person who violates the provisions of this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      5.  A person who violates the provisions of this section is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $100,000, if the substance or drug involved:

      (a) Is classified in schedule I; or

      (b) Proximately causes substantial bodily harm to or the death of the intended recipient of the substance or drug or any other person.

      6.  The court shall not grant probation to or suspend the sentence of a person punished pursuant to subsection 5.

      7.  A person may be prosecuted, convicted and punished for a violation of this section whether or not the person is prosecuted, convicted or punished for a violation of any other statute based upon the same act or transaction.

      (Added to NRS by 2001, 1053)

      NRS 453.3639  Unlawful acts relating to filling or refilling prescription via Internet; exception; aiding unlawful act prohibited; penalties; penalty not exclusive.

      1.  Except as otherwise provided in subsection 3, a person who is located within or outside this State shall not, via the Internet, fill or refill a prescription drug if:

      (a) The person has reasonable cause to believe that the prescription is being filled or refilled for a person in this State; and

      (b) The prescription drug has not been lawfully imported into the United States.

      2.  Except as otherwise provided in subsection 3, a person who is located within or outside this State shall not, via the Internet, fill or refill a prescription drug if:

      (a) The person has reasonable cause to believe that the prescription is being filled or refilled for a person in this State; and

      (b) The prescription was not delivered to the person in accordance with all applicable state and federal laws, regulations and standards.

      3.  The provisions of this section do not prohibit a Canadian pharmacy which is licensed by the Board and which has been recommended by the Board pursuant to subsection 4 of NRS 639.2328 for inclusion on the Internet website established and maintained pursuant to paragraph (i) of subsection 1 of NRS 223.560 from providing prescription drugs through mail order service to residents of Nevada in the manner set forth in NRS 639.2328 to 639.23286, inclusive.

      4.  A person shall not knowingly aid another person in any act or transaction that violates any provision of this section.

      5.  Except as otherwise provided in subsection 6, a person who violates any provision of this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      6.  A person who violates any provision of this section is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $100,000, if the substance or drug involved:

      (a) Is classified in schedule I; or

      (b) Proximately causes substantial bodily harm to or the death of the intended recipient of the substance or drug or any other person.

      7.  The court shall not grant probation to or suspend the sentence of a person punished pursuant to subsection 6.

      8.  A person may be prosecuted, convicted and punished for a violation of this section whether or not the person is prosecuted, convicted or punished for violating any other specific statute based upon the same act or transaction.

      (Added to NRS by 2003, 550; A 2005, 22nd Special Session, 157; 2011, 591)

      NRS 453.3643  Unlawful acts relating to issuance of prescription; circumstances under which practitioner or person licensed by another jurisdiction is prohibited from prescribing prescription drug; aiding unlawful act prohibited; penalties; multiple punishments authorized.

      1.  A practitioner who is located within this State shall not prescribe a prescription drug for another person located within or outside this State if:

      (a) The practitioner has not physically examined the other person within the 6 months immediately preceding the date on which the prescription is issued; and

      (b) The practitioner knows or has reasonable cause to believe that an illegal Internet pharmacy will fill the prescription or otherwise use the prescription to deliver or cause, allow or aid in the delivery of the prescription drug to the other person.

      2.  A practitioner who is located outside this State and who knows or has reasonable cause to believe that another person is located within this State shall not prescribe a prescription drug for the other person if:

      (a) The practitioner has not physically examined the other person within the 6 months immediately preceding the date on which the prescription is issued; and

      (b) The practitioner knows or has reasonable cause to believe that an illegal Internet pharmacy will fill the prescription or otherwise use the prescription to deliver or cause, allow or aid in the delivery of the prescription drug to the other person.

      3.  A person who is located outside this State, who is licensed by another jurisdiction to prescribe prescription drugs and who knows or has reasonable cause to believe that another person is located within this State shall not prescribe a prescription drug for the other person if:

      (a) The person has not physically examined the other person within the 6 months immediately preceding the date on which the prescription is issued; and

      (b) The person knows or has reasonable cause to believe that an illegal Internet pharmacy will fill the prescription or otherwise use the prescription to deliver or cause, allow or aid in the delivery of the prescription drug to the other person.

      4.  A person shall not knowingly aid another person in any act or transaction that violates the provisions of this section.

      5.  Except as otherwise provided in subsection 6, a practitioner or any other person who violates the provisions of this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      6.  A practitioner or any other person who violates the provisions of this section is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $100,000, if the substance or drug involved:

      (a) Is classified in schedule I; or

      (b) Proximately causes substantial bodily harm to or the death of the intended recipient of the substance or drug or any other person.

      7.  The court shall not grant probation to or suspend the sentence of a practitioner or any other person punished pursuant to subsection 6.

      8.  A practitioner or any other person may be prosecuted, convicted and punished for a violation of this section whether or not the practitioner or person is prosecuted, convicted or punished for violating any other specific statute based upon the same act or transaction.

      (Added to NRS by 2001, 1054)

      NRS 453.3648  Concurrent jurisdiction of Attorney General and district attorneys to prosecute violations.

      1.  The Attorney General has concurrent jurisdiction with the district attorneys of this State for the enforcement of the provisions of NRS 453.3611 to 453.3648, inclusive.

      2.  The Attorney General may investigate and prosecute a practitioner or any other person who violates the provisions of:

      (a) NRS 453.3611 to 453.3648, inclusive; and

      (b) Any other statute if the violation is committed by the practitioner or person in the course of committing a violation described in paragraph (a).

      3.  When acting pursuant to this section, the Attorney General may commence an investigation and file a criminal action without leave of court, and the Attorney General has exclusive charge of the conduct of the prosecution.

      (Added to NRS by 2001, 1055; A 2003, 558)

FURTHER REGULATION AND PROHIBITIONS

      NRS 453.371  Definitions.  As used in NRS 453.371 to 453.552, inclusive:

      1.  “Medical intern” means a medical graduate acting as an assistant in a hospital for the purpose of clinical training.

      2.  “Pharmacist” means a person who holds a certificate of registration issued pursuant to NRS 639.127 and is registered with the Board.

      3.  “Physician,” “dentist,” “podiatric physician,” “veterinarian” and “euthanasia technician” mean persons authorized by a license to practice their respective professions in this State who are registered with the Board.

      4.  “Physician assistant” means a person who is registered with the Board and:

      (a) Holds a license issued pursuant to NRS 630.273; or

      (b) Holds a license issued pursuant to NRS 633.433.

      (Added to NRS by 1971, 2022; A 1973, 584; 1977, 964; 1979, 1668; 1981, 743; 1985, 295; 1989, 539; 1993, 2235; 1995, 1720; 2001, 411, 786, 798; 2007, 1865; 2013, 2085)

      NRS 453.375  Authority to possess and administer controlled substances. [Effective through December 31, 2013.]  A controlled substance may be possessed and administered by the following persons:

      1.  A practitioner.

      2.  A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a physician, physician assistant, dentist, podiatric physician or advanced practice registered nurse, or pursuant to a chart order, for administration to a patient at another location.

      3.  An advanced emergency medical technician:

      (a) As authorized by regulation of:

             (1) The State Board of Health in a county whose population is less than 100,000; or

             (2) A county or district board of health in a county whose population is 100,000 or more; and

      (b) In accordance with any applicable regulations of:

             (1) The State Board of Health in a county whose population is less than 100,000;

             (2) A county board of health in a county whose population is 100,000 or more; or

             (3) A district board of health created pursuant to NRS 439.362 or 439.370 in any county.

      4.  A respiratory therapist, at the direction of a physician or physician assistant.

      5.  A medical student, student in training to become a physician assistant or student nurse in the course of his or her studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician or physician assistant and:

      (a) In the presence of a physician, physician assistant or a registered nurse; or

      (b) Under the supervision of a physician, physician assistant or a registered nurse if the student is authorized by the college or school to administer the substance outside the presence of a physician, physician assistant or nurse.

Ê A medical student or student nurse may administer a controlled substance in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

      6.  An ultimate user or any person whom the ultimate user designates pursuant to a written agreement.

      7.  Any person designated by the head of a correctional institution.

      8.  A veterinary technician at the direction of his or her supervising veterinarian.

      9.  In accordance with applicable regulations of the State Board of Health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

      10.  In accordance with applicable regulations of the State Board of Pharmacy, an animal control officer, a wildlife biologist or an employee designated by a federal, state or local governmental agency whose duties include the control of domestic, wild and predatory animals.

      11.  A person who is enrolled in a training program to become an advanced emergency medical technician, respiratory therapist or veterinary technician if the person possesses and administers the controlled substance in the same manner and under the same conditions that apply, respectively, to an advanced emergency medical technician, respiratory therapist or veterinary technician who may possess and administer the controlled substance, and under the direct supervision of a person licensed or registered to perform the respective medical art or a supervisor of such a person.

      (Added to NRS by 1979, 1672; A 1981, 59, 743; 1983, 1219, 1513; 1987, 1654, 2214; 1991, 1662, 1954; 1993, 571, 1215, 2838; 1995, 725, 1689, 1720; 1997, 545; 1999, 2719; 2001, 786; 2003, 2294; 2005, 2475; 2013, 2085)

      NRS 453.375  Authority to possess and administer controlled substances. [Effective January 1, 2014.]  A controlled substance may be possessed and administered by the following persons:

      1.  A practitioner.

      2.  A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a physician, physician assistant, dentist, podiatric physician or advanced practice registered nurse, or pursuant to a chart order, for administration to a patient at another location.

      3.  A paramedic:

      (a) As authorized by regulation of:

             (1) The State Board of Health in a county whose population is less than 100,000; or

             (2) A county or district board of health in a county whose population is 100,000 or more; and

      (b) In accordance with any applicable regulations of:

             (1) The State Board of Health in a county whose population is less than 100,000;

             (2) A county board of health in a county whose population is 100,000 or more; or

             (3) A district board of health created pursuant to NRS 439.362 or 439.370 in any county.

      4.  A respiratory therapist, at the direction of a physician or physician assistant.

      5.  A medical student, student in training to become a physician assistant or student nurse in the course of his or her studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician or physician assistant and:

      (a) In the presence of a physician, physician assistant or a registered nurse; or

      (b) Under the supervision of a physician, physician assistant or a registered nurse if the student is authorized by the college or school to administer the substance outside the presence of a physician, physician assistant or nurse.

Ê A medical student or student nurse may administer a controlled substance in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

      6.  An ultimate user or any person whom the ultimate user designates pursuant to a written agreement.

      7.  Any person designated by the head of a correctional institution.

      8.  A veterinary technician at the direction of his or her supervising veterinarian.

      9.  In accordance with applicable regulations of the State Board of Health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

      10.  In accordance with applicable regulations of the State Board of Pharmacy, an animal control officer, a wildlife biologist or an employee designated by a federal, state or local governmental agency whose duties include the control of domestic, wild and predatory animals.

      11.  A person who is enrolled in a training program to become a paramedic, respiratory therapist or veterinary technician if the person possesses and administers the controlled substance in the same manner and under the same conditions that apply, respectively, to a paramedic, respiratory therapist or veterinary technician who may possess and administer the controlled substance, and under the direct supervision of a person licensed or registered to perform the respective medical art or a supervisor of such a person.

      (Added to NRS by 1979, 1672; A 1981, 59, 743; 1983, 1219, 1513; 1987, 1654, 2214; 1991, 1662, 1954; 1993, 571, 1215, 2838; 1995, 725, 1689, 1720; 1997, 545; 1999, 2719; 2001, 786; 2003, 2294; 2005, 2475; 2013, 948, 2085, effective January 1, 2014)

      NRS 453.377  Authority to dispense controlled substances.  A controlled substance may be dispensed by:

      1.  A registered pharmacist upon a legal prescription from a practitioner or to a pharmacy in a correctional institution upon the written order of the prescribing practitioner in charge.

      2.  A pharmacy in a correctional institution, in case of emergency, upon a written order signed by the chief medical officer.

      3.  A practitioner.

      4.  A registered nurse, when the state, county, city or district health officer has declared a state of emergency.

      5.  A medical intern in the course of his or her internship.

      6.  A pharmacy in an institution of the Department of Corrections to a person designated by the Director of the Department of Corrections to administer a lethal injection to a person who has been sentenced to death.

      7.  A registered pharmacist from an institutional pharmacy, pursuant to regulations adopted by the Board.

      (Added to NRS by 1979, 1673; A 1981, 744; 1983, 1514; 1987, 1655, 2239; 1991, 794; 1995, 1721; 2001, 411; 2001 Special Session, 242, 250)

      NRS 453.381  Limitations on prescribing, possessing, administering, transporting and dispensing controlled substances.

      1.  In addition to the limitations imposed by NRS 453.256 and 453.3611 to 453.3648, inclusive, a physician, physician assistant, dentist, advanced practice registered nurse or podiatric physician may prescribe or administer controlled substances only for a legitimate medical purpose and in the usual course of his or her professional practice, and he or she shall not prescribe, administer or dispense a controlled substance listed in schedule II for himself or herself, his or her spouse or his or her children except in cases of emergency.

      2.  A veterinarian, in the course of his or her professional practice only, and not for use by a human being, may prescribe, possess and administer controlled substances, and the veterinarian may cause them to be administered by a veterinary technician under the direction and supervision of the veterinarian.

      3.  A euthanasia technician, within the scope of his or her license, and not for use by a human being, may possess and administer sodium pentobarbital.

      4.  A pharmacist shall not fill an order which purports to be a prescription if the pharmacist has reason to believe that it was not issued in the usual course of the professional practice of a physician, physician assistant, dentist, advanced practice registered nurse, podiatric physician or veterinarian.

      5.  Any person who has obtained from a physician, physician assistant, dentist, advanced practice registered nurse, podiatric physician or veterinarian any controlled substance for administration to a patient during the absence of the physician, physician assistant, dentist, advanced practice registered nurse, podiatric physician or veterinarian shall return to him or her any unused portion of the substance when it is no longer required by the patient.

      6.  A manufacturer, wholesale supplier or other person legally able to furnish or sell any controlled substance listed in schedule II shall not provide samples of such a controlled substance to registrants.

      7.  A salesperson of any manufacturer or wholesaler of pharmaceuticals shall not possess, transport or furnish any controlled substance listed in schedule II.

      8.  A person shall not dispense a controlled substance in violation of a regulation adopted by the Board.

      (Added to NRS by 1971, 2022; A 1973, 1406; 1975, 989; 1977, 670; 1979, 1668; 1981, 562, 745, 1964; 1987, 806; 1989, 539; 1991, 1164, 1663; 1993, 2235; 1995, 1690, 1722; 1997, 546; 2001, 412, 787, 1062, 1069; 2003, 559; 2013, 2086)

      NRS 453.385  Adoption of regulations governing prescriptions for controlled substances; compliance with federal law.

      1.  Each prescription for a controlled substance must comply with the regulations of the Board adopted pursuant to subsection 2.

      2.  The Board shall, by regulation, adopt requirements for:

      (a) The form and content of a prescription for a controlled substance. The requirements may vary depending upon the schedule of the controlled substance.

      (b) Transmitting a prescription for a controlled substance to a pharmacy. The requirements may vary depending upon the schedule of the controlled substance.

      (c) The form and contents of an order for a controlled substance given for a patient in a medical facility and the requirements for keeping records of such orders.

      3.  Except as otherwise provided in this subsection, the regulations adopted pursuant to subsection 2 must:

      (a) Ensure compliance with, but may be more stringent than required by, applicable federal law governing controlled substances and the rules, regulations and orders of any federal agency administering such law. The regulations adopted pursuant to paragraph (b) of subsection 2 for the electronic transmission or transmission by a facsimile machine of a prescription for a controlled substance must not be more stringent than federal law governing the electronic transmission or transmission by a facsimile machine of a prescription for a controlled substance or the rules, regulations or orders of any federal agency administering such law; and

      (b) Be consistent with the provisions of NRS 439.581 to 439.595, inclusive, and the regulations adopted pursuant thereto.

      (Added to NRS by 1979, 1673; A 1981, 745, 1965; 1983, 1514; 1987, 1656; 1991, 1955; 1993, 635; 1995, 300; 1997, 691; 1999, 246; 2001, 837, 1629; 2011, 1760)

      NRS 453.391  Unlawful taking or obtaining of controlled substance or prescription.  A person shall not:

      1.  Unlawfully take, obtain or attempt to take or obtain a controlled substance or a prescription for a controlled substance from a manufacturer, wholesaler, pharmacist, physician, physician assistant, dentist, advanced practice registered nurse, veterinarian or any other person authorized to administer, dispense or possess controlled substances.

      2.  While undergoing treatment and being supplied with any controlled substance or a prescription for any controlled substance from one practitioner, knowingly obtain any controlled substance or a prescription for a controlled substance from another practitioner without disclosing this fact to the second practitioner.

      (Added to NRS by 1971, 2023; A 1973, 1217; 1981, 1965; 1985, 336; 1993, 636; 1995, 1722; 2001, 412, 788, 799; 2013, 2087)

      NRS 453.401  Penalties for conspiracy.

      1.  Except as otherwise provided in subsections 3 and 4, if two or more persons conspire to commit an offense which is a felony under the Uniform Controlled Substances Act or conspire to defraud the State of Nevada or an agency of the State in connection with its enforcement of the Uniform Controlled Substances Act, and one of the conspirators does an act in furtherance of the conspiracy, each conspirator:

      (a) For a first offense, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      (b) For a second offense, or if, in the case of a first conviction of violating this subsection, the conspirator has previously been convicted of a felony under the Uniform Controlled Substances Act or of an offense under the laws of the United States or of any state, territory or district which if committed in this State, would amount to a felony under the Uniform Controlled Substances Act, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

      (c) For a third or subsequent offense, or if the conspirator has previously been convicted two or more times of a felony under the Uniform Controlled Substances Act or of an offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under the Uniform Controlled Substances Act, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $20,000 for each offense.

      2.  Except as otherwise provided in subsection 3, if two or more persons conspire to commit an offense in violation of the Uniform Controlled Substances Act and the offense does not constitute a felony, and one of the conspirators does an act in furtherance of the conspiracy, each conspirator shall be punished by imprisonment, or by imprisonment and fine, for not more than the maximum punishment provided for the offense which they conspired to commit.

      3.  If two or more persons conspire to possess more than 1 ounce of marijuana unlawfully, except for the purpose of sale, and one of the conspirators does an act in furtherance of the conspiracy, each conspirator is guilty of a gross misdemeanor.

      4.  If the conspiracy subjects the conspirators to criminal liability under NRS 207.400, the persons so conspiring shall be punished in the manner provided in NRS 207.400.

      5.  The court shall not grant probation to or suspend the sentence of a person convicted of violating this section and punishable pursuant to paragraph (b) or (c) of subsection 1.

      (Added to NRS by 1971, 2023; A 1973, 1217; 1977, 153, 1415; 1983, 1502; 1995, 1289; 2001, 3069)

      NRS 453.411  Unlawful use of controlled substance; penalties.

      1.  It is unlawful for a person knowingly to use or be under the influence of a controlled substance except in accordance with a lawfully issued prescription.

      2.  It is unlawful for a person knowingly to use or be under the influence of a controlled substance except when administered to the person at a rehabilitation clinic established or licensed by the Division of Public and Behavioral Health of the Department, or a hospital certified by the Department.

      3.  Unless a greater penalty is provided in NRS 212.160, a person who violates this section shall be punished:

      (a) If the controlled substance is listed in schedule I, II, III or IV, for a category E felony as provided in NRS 193.130.

      (b) If the controlled substance is listed in schedule V, for a gross misdemeanor by imprisonment in the county jail for not more than 364 days, and may be further punished by a fine of not more than $1,000.

      (Added to NRS by 1971, 2023; A 1973, 1406; 1979, 1475; 1981, 745; 1993, 2236; 1995, 1290, 1723; 1997, 546; 2013, 987)

      NRS 453.421  Penalty for violation of NRS 453.371 to 453.391, inclusive.  A person who violates any provision of NRS 453.371 to 453.391, inclusive, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      (Added to NRS by 1971, 2023; A 1977, 1416; 1979, 1475; 1995, 1291)

      NRS 453.431  Unlawful acts relating to filling and refilling prescriptions and obtaining controlled substance or prescription; authorization to request proper identification from person requesting controlled substance.

      1.  A pharmacist shall not knowingly fill or refill any prescription for a controlled substance for use by a person other than the person for whom the prescription was originally issued.

      2.  A person shall not furnish a false name or address while attempting to obtain a controlled substance or a prescription for a controlled substance. A person prescribing, administering or dispensing a controlled substance may request proper identification from a person requesting controlled substances.

      3.  A pharmacist shall not fill a prescription for a controlled substance if the prescription shows evidence of alteration, erasure or addition, unless the pharmacist obtains approval of the practitioner who issued the prescription.

      4.  A pharmacist shall not fill a prescription for a controlled substance classified in schedule II unless it is tendered on or before the 14th day after the date of issue. This subsection does not prohibit a practitioner from issuing a prescription on which the practitioner indicates that the prescription may not be filled until the date indicated on the prescription, which must not be later than 6 months after the date the prescription is issued.

      5.  A person who violates this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      (Added to NRS by 1971, 2023; A 1981, 1965; 1995, 1291; 2003, 2295)

      NRS 453.505  Controlled substance for which prescription is not required: Violation of regulation by pharmacist; misrepresentation to pharmacist to obtain controlled substance; penalties.

      1.  Any pharmacist who violates any regulation of the Board regulating the dispensing of a controlled substance for which a prescription is not required is guilty of a gross misdemeanor.

      2.  Any person who knowingly or intentionally makes a false representation to a pharmacist for the purpose of obtaining a controlled substance for which a prescription is not required is guilty of a gross misdemeanor.

      (Added to NRS by 1985, 886)

      NRS 453.521  Unlawful possession or sale of nasal inhaler; exception.  It is unlawful for any person within this State to possess, sell, offer to sell or hold for the purpose of sale or resale any nasal inhaler which contains any controlled substance capable of causing stimulation to the central nervous system unless:

      1.  The product contains a denaturant in sufficient quantity to render it unfit for internal use; and

      2.  The product is among such products listed as approved by the Board in the regulations officially adopted by the Board.

      (Added to NRS by 1971, 2025; A 1973, 1217)

      NRS 453.541  Sacramental use of peyote permitted.  The criminal sanction provided in NRS 453.011 to 453.552, inclusive, does not apply to that plant of the genus Lophophora commonly known as peyote when such drug is used as the sacrament in religious rites of any bona fide religious organization.

      (Added to NRS by 1971, 2025; A 1973, 1217; 2001, 1062; 2003, 559)

      NRS 453.551  Immunity for acts in performance of official duties.  All agents or inspectors of the Board or Division, peace officers, and the Attorney General, district attorneys and their deputies while investigating violations of the provisions of NRS 453.011 to 453.552, inclusive, in performance of their official duties, and any person working under their immediate direction, supervision or instruction are immune from prosecution under the provisions of such sections for acts which would otherwise be unlawful under such provisions but which are reasonably necessary in the performance of their official duties.

      (Added to NRS by 1971, 2025; A 1973, 1217; 2001, 1062; 2003, 559)

      NRS 453.552  Criminal penalties additional to civil penalties or sanctions.

      1.  Any penalty imposed for violation of NRS 453.011 to 453.551, inclusive, is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.

      2.  Any violation of the provisions of NRS 453.011 to 453.551, inclusive, where no other penalty is specifically provided, is a misdemeanor.

      (Added to NRS by 1971, 2022; A 1973, 583; 2001, 1063; 2003, 560)

CIVIL PENALTIES

      NRS 453.553  Action to recover civil penalty: Persons liable for civil penalty; action to be brought by Attorney General or district attorney; definitions.

      1.  In addition to any criminal penalty imposed for a violation of the provisions of NRS 453.011 to 453.552, inclusive, any person who violates NRS 453.324, 453.354, 453.355 or 453.357, unlawfully sells, manufactures, delivers or brings into this State, possesses for sale or participates in any way in a sale of a controlled substance listed in schedule I, II or III or who engages in any act or transaction in violation of the provisions of NRS 453.3611 to 453.3648, inclusive, is subject to a civil penalty for each violation. This penalty must be recovered in a civil action, brought in the name of the State of Nevada by the Attorney General or by any district attorney in a court of competent jurisdiction.

      2.  As used in NRS 453.553 to 453.5533, inclusive:

      (a) “Each violation” includes a continuous or repetitive violation arising out of the same act.

      (b) “Sell” includes exchange, barter, solicitation or receipt of an order, transfer to another for sale or resale and any other transfer for any consideration or a promise obtained directly or indirectly.

      (c) “Substitute” means a substance which:

             (1) Was manufactured by a person who at the time was not currently registered with the Secretary of Health and Human Services; and

             (2) Is an imitation of or intended for use as a substitute for a substance listed in schedule I, II or III.

      (Added to NRS by 1985, 2042; A 1999, 2640; 2001, 1063; 2003, 560; 2007, 777, 3127)

      NRS 453.5531  Action to recover civil penalty: Amount of money recoverable as civil penalty.

      1.  The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving marijuana, to a civil penalty in an amount:

      (a) Not to exceed $350,000, if the quantity involved is 100 pounds or more, but less than 2,000 pounds.

      (b) Not to exceed $700,000, if the quantity involved is 2,000 pounds or more, but less than 10,000 pounds.

      (c) Not to exceed $1,000,000, if the quantity involved is 10,000 pounds or more.

      2.  The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving a controlled substance, except marijuana, which is listed in schedule I or a substitute therefor, to a civil penalty in an amount:

      (a) Not to exceed $350,000, if the quantity involved is 4 grams or more, but less than 14 grams.

      (b) Not to exceed $700,000, if the quantity involved is 14 grams or more, but less than 28 grams.

      (c) Not to exceed $1,000,000, if the quantity involved is 28 grams or more.

      3.  The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving a controlled substance which is listed in schedule II or III or a substitute therefor, to a civil penalty in an amount:

      (a) Not to exceed $350,000, if the quantity involved is 28 grams or more, but less than 200 grams.

      (b) Not to exceed $700,000, if the quantity involved is 200 grams or more, but less than 400 grams.

      (c) Not to exceed $1,000,000, if the quantity involved is 400 grams or more.

      4.  Unless a greater civil penalty is authorized by another provision of this section, the State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving any act or transaction in violation of the provisions of NRS 453.3611 to 453.3648, inclusive, to a civil penalty in an amount not to exceed $350,000.

      5.  The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving any act or transaction in violation of the provisions of NRS 453.324, 453.354, 453.355 or 453.357, to a civil penalty in an amount not to exceed $250,000 for each violation.

      (Added to NRS by 1985, 2042; A 2001, 1063; 2003, 560; 2007, 777, 3127)

      NRS 453.5532  Money collected as civil penalty: Limitations on use.

      1.  Any money collected as a civil penalty pursuant to NRS 453.5531 must be used to pay the actual cost of prosecution, court costs and costs incurred for the disposal of any hazardous waste pursuant to NRS 459.400 to 459.600, inclusive, in connection with the violation for which the penalty was imposed. Any amount remaining from the penalty must be deposited with the State Treasurer for credit to the State General Fund.

      2.  The money deposited in the State General Fund pursuant to subsection 1 must be accounted for separately. One-half of the money must be used only for the enforcement of chapter 453 of NRS and the other half must be used for rehabilitation of persons who are addicted to controlled substances.

      (Added to NRS by 1985, 2043; A 1987, 546)

      NRS 453.5533  Limitation on action to recover civil penalty; effect of criminal proceeding on civil action.

      1.  A civil action brought pursuant to NRS 453.553 must be brought within 3 years after the conduct in violation of the provisions of NRS 453.011 to 453.552, inclusive, occurs.

      2.  Such a civil action is not barred by a prior acquittal of the defendant in a criminal action arising out of the same act, transaction or occurrence. A final judgment or decree rendered in favor of the State in any criminal proceeding arising out of the same act, transaction or occurrence estops the defendant in a subsequent civil action from denying the essential allegations of the criminal offense.

      (Added to NRS by 1985, 2043; A 2001, 1064; 2003, 561; 2007, 778, 3128)

DRUG PARAPHERNALIA

      NRS 453.554  “Drug paraphernalia” defined.

      1.  Except as otherwise provided in subsection 2, as used in NRS 453.554 to 453.566, inclusive, unless the context otherwise requires, “drug paraphernalia” means all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this chapter. The term includes, but is not limited to:

      (a) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;

      (b) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing or preparing controlled substances;

      (c) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;

      (d) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;

      (e) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;

      (f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;

      (g) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana;

      (h) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;

      (i) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;

      (j) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances; and

      (k) Objects used, intended for use, or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:

             (1) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;

             (2) Water pipes;

             (3) Smoking masks;

             (4) Roach clips, which are objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;

             (5) Cocaine spoons and cocaine vials;

             (6) Carburetor pipes and carburetion tubes and devices;

             (7) Chamber pipes;

             (8) Electric pipes;

             (9) Air-driven pipes;

             (10) Chillums;

             (11) Bongs; and

             (12) Ice pipes or chillers.

      2.  The term does not include any type of hypodermic syringe, needle, instrument, device or implement intended or capable of being adapted for the purpose of administering drugs by subcutaneous, intramuscular or intravenous injection.

      (Added to NRS by 1981, 405; A 2013, 3174)

      NRS 453.556  Factors for identifying object as item of drug paraphernalia.  In determining whether an object is an item of drug paraphernalia, a court or other authority, as the case may be, shall consider, in addition to all other logically relevant factors, the following:

      1.  Statements by an owner or by anyone in control of the object concerning its use;

      2.  Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;

      3.  The proximity of the object, in time and space, to a direct violation of this chapter;

      4.  The proximity of the object to controlled substances;

      5.  The existence of any residue of controlled substances on the object;

      6.  Direct or circumstantial evidence of the intent of any owner, or of anyone in control of the object, to deliver it to persons whom he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter;

      7.  Instructions, oral or written, provided with the object concerning its use;

      8.  Descriptive materials accompanying the object which explain or depict its use;

      9.  National and local advertising concerning its use;

      10.  The manner in which the object is displayed for sale;

      11.  Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise; and

      12.  Expert testimony concerning its use.

Ê The innocence of an owner or of anyone in control of the object as to a direct violation of this chapter does not prevent a finding that the object is intended for use or designed for use as an item of drug paraphernalia.

      (Added to NRS by 1981, 407)

      NRS 453.558  Injunctions.  The district attorney or city attorney of any county or city, respectively, in which there is drug paraphernalia, may file a complaint in the district court seeking to enjoin the possessor and owner of the drug paraphernalia from delivering or selling, or possessing with intent to deliver or sell, any drug paraphernalia.

      (Added to NRS by 1981, 408)

      NRS 453.560  Unlawful delivery, sale, possession or manufacture.  Unless a greater penalty is provided in NRS 212.160, a person who delivers or sells, possesses with the intent to deliver or sell, or manufactures with the intent to deliver or sell any drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this chapter is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      (Added to NRS by 1981, 407; A 1995, 1291; 2013, 3175)

      NRS 453.562  Unlawful delivery to minor.  A person 18 years of age or older who violates NRS 453.560 by delivering drug paraphernalia to a person under 18 years of age who is at least 3 years his or her junior is guilty of a category C felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court may order the convicted person to pay restitution for any reasonable costs incurred for the participation of the person to whom he or she delivered the paraphernalia in a program for the treatment of the abuse of controlled substances. If the court orders the convicted person to make such restitution, the court shall notify the parent, guardian or other person legally responsible for the person to whom the paraphernalia was delivered that such restitution has been ordered.

      (Added to NRS by 1981, 407; A 1995, 1292; 1999, 749)

      NRS 453.564  Unlawful advertising.  Any person who places in any printed publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia is guilty of a misdemeanor.

      (Added to NRS by 1981, 408)

      NRS 453.566  Unlawful use or possession.  Any person who uses, or possesses with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this chapter is guilty of a misdemeanor.

      (Added to NRS by 1981, 407; A 2013, 3176)

MISCELLANEOUS PROVISIONS

      NRS 453.568  Report of loss or theft of controlled substance.  All loss or theft of controlled substances must be reported on forms provided by the Division to the Board and Division within 10 days after the date of discovery of the theft or loss.

      (Added to NRS by 1981, 1957)

      NRS 453.570  Amount of controlled substance needed to sustain conviction for prohibited offense.  The amount of a controlled substance needed to sustain a conviction of a person for an offense prohibited by the provisions of NRS 453.011 to 453.552, inclusive, is that amount necessary for identification as a controlled substance by a witness qualified to make such identification.

      (Added to NRS by 1971, 359; A 1973, 1218; 2001, 1064; 2003, 561)

      NRS 453.575  Fee for analysis of controlled substance or other substance or drug: Inclusion in sentence of offender; distribution and use of proceeds.

      1.  If a defendant pleads guilty or guilty but mentally ill to, or is found guilty or guilty but mentally ill of, any violation of this chapter and an analysis of a controlled substance or other substance or drug was performed in relation to the defendant’s case, the court shall include in the sentence an order that the defendant pay the sum of $60 as a fee for the analysis of the controlled substance or other substance or drug.

      2.  Except as otherwise provided in this subsection, any money collected for such an analysis must not be deducted from, and is in addition to, any fine otherwise imposed by the court and must be:

      (a) Collected from the defendant before or at the same time that the fine is collected.

      (b) Stated separately in the judgment of the court or on the court’s docket.

      3.  The money collected pursuant to subsection 1 in any district, municipal or justice court must be paid by the clerk of the court to the county or city treasurer, as appropriate, on or before the fifth day of each month for the preceding month.

      4.  The board of county commissioners of each county shall by ordinance create in the county treasury a fund to be designated as the fund for forensic services. The governing body of each city shall create in the city treasury a fund to be designated as the fund for forensic services. Upon receipt, the county or city treasurer, as appropriate, shall deposit any fee for the analyses of controlled substances or other substances or drugs in the fund. The money from such deposits must be accounted for separately within the fund.

      5.  Except as otherwise provided in subsection 6, each month the treasurer shall, from the money credited to the fund pursuant to subsection 3, pay any amount owed for forensic services and deposit any remaining money in the county or city general fund, as appropriate.

      6.  In counties which do not receive forensic services under a contract with the State, the money deposited in the fund for forensic services pursuant to subsection 4 must be expended, except as otherwise provided in this subsection:

      (a) To pay for the analyses of controlled substances or other substances or drugs performed in connection with criminal investigations within the county;

      (b) To purchase and maintain equipment to conduct these analyses; and

      (c) For the training and continuing education of the employees who conduct these analyses.

Ê Money from the fund must not be expended to cover the costs of analyses conducted by, equipment used by or training for employees of an analytical laboratory not registered with the Drug Enforcement Administration of the United States Department of Justice.

      (Added to NRS by 1987, 1397; A 1989, 1479; 1991, 272; 1993, 2464; 1995, 2469; 2001, 1064; 2003, 1488; 2007, 1447)

      NRS 453.580  Program for treatment of certain offenders: Powers and duties of court; contents; payment of costs.

      1.  A court may establish an appropriate treatment program to which it may assign a person pursuant to subsection 4 of NRS 453.336, NRS 453.3363 or 458.300, or it may assign such a person to an appropriate facility for the treatment of abuse of alcohol or drugs which is certified by the Division of Public and Behavioral Health of the Department. The assignment must include the terms and conditions for successful completion of the program and provide for progress reports at intervals set by the court to ensure that the person is making satisfactory progress toward completion of the program.

      2.  A program to which a court assigns a person pursuant to subsection 1 must include:

      (a) Information and encouragement for the participant to cease abusing alcohol or using controlled substances through educational, counseling and support sessions developed with the cooperation of various community, health, substance abuse, religious, social service and youth organizations;

      (b) The opportunity for the participant to understand the medical, psychological and social implications of substance abuse; and

      (c) Alternate courses within the program based on the different substances abused and the addictions of participants.

      3.  If the offense with which the person was charged involved the use or possession of a controlled substance, in addition to the program or as a part of the program, the court must also require frequent urinalysis to determine that the person is not using a controlled substance. The court shall specify how frequent such examinations must be and how many must be successfully completed, independently of other requisites for successful completion of the program.

      4.  Before the court assigns a person to a program pursuant to this section, the person must agree to pay the cost of the program to which the person is assigned and the cost of any additional supervision required pursuant to subsection 3, to the extent of the financial resources of the person. If the person does not have the financial resources to pay all of the related costs, the court shall, to the extent practicable, arrange for the person to be assigned to a program at a facility that receives a sufficient amount of federal or state funding to offset the remainder of the costs.

      (Added to NRS by 1993, 1233; A 1995, 557; 1999, 1872; 2001, 418, 3070; 2013, 3062)

TREATMENT AND REHABILITATION OF ADDICTS

      NRS 453.600  Declaration of legislative purpose.  It is the purpose of NRS 453.600 to 453.730, inclusive, to protect and promote the health, welfare and safety of the people of this State by combating the effects of the disease of narcotic addiction and by assisting the rehabilitation of certain narcotic addicts through a comprehensive program of treatment, research and investigation.

      (Added to NRS by 1971, 650)

      NRS 453.660  Experimental and clinical programs; personnel; regulations.  The Division of Public and Behavioral Health of the Department shall:

      1.  Within the limits of available funds, including, but not limited to, legislative appropriation, develop and implement experimental and investigational pilot clinic programs for the treatment of narcotic addicts through the administration, under medical supervision and control, of maintenance dosages of methadone, or other addicting drugs, and provide other rehabilitation services as needed in support of a methadone maintenance program.

      2.  Employ such personnel as may be necessary to carry out the duties imposed by NRS 453.600 to 453.730, inclusive, subject to the legislative appropriation available for such purpose.

      3.  Adopt such regulations as are necessary to carry out the purpose of NRS 453.600 to 453.730, inclusive.

      (Added to NRS by 1971, 651; A 1979, 1670)

      NRS 453.670  Local governments may assist programs and services.  A county or city may extend funds for the purpose of establishing or maintaining any program or service provided for in NRS 453.660.

      (Added to NRS by 1971, 651)

      NRS 453.680  Cooperative agreements.  The Division of Public and Behavioral Health of the Department may cooperate and contract with:

      1.  Any agency of the Federal Government;

      2.  Other states;

      3.  Any political subdivision; or

      4.  Any local addiction treatment clinic whose program meets the requirements of the Food and Drug Administration and the Drug Enforcement Administration, and which is approved by the Division of Public and Behavioral Health of the Department,

Ê in carrying out the purposes of NRS 453.600 to 453.730, inclusive.

      (Added to NRS by 1971, 651; A 1973, 194; 1979, 623, 1670; 1991, 487)

      NRS 453.690  Information to be furnished.

      1.  Every person or institution authorized to dispense or administer narcotic drugs shall furnish to the Division of Public and Behavioral Health of the Department, the Investigation Division of the Department of Public Safety and the State Board of Pharmacy such information as the Division of Public and Behavioral Health or the Board may require by regulation.

      2.  Every public official or employee having duties to perform with respect to narcotic drugs shall furnish to the Division of Public and Behavioral Health of the Department, the Investigation Division of the Department of Public Safety and the State Board of Pharmacy such information as the regulations of the Division of Public and Behavioral Health or the Board may require.

      (Added to NRS by 1971, 651; A 1979, 1670; 1981, 2014; 1985, 1996; 2001, 2625)

      NRS 453.700  Application for treatment; regulations relating to voluntary submission.

      1.  Any person who believes himself or herself to be a narcotic addict may make application to the Division of Public and Behavioral Health of the Department for voluntary submission to treatment maintained under the provisions of NRS 453.660 or NRS 458.290 to 458.350, inclusive.

      2.  The Division of Public and Behavioral Health shall adopt regulations relating to the requirements for voluntary submission under this section.

      (Added to NRS by 1971, 651; A 1975, 973; 1979, 1671)

      NRS 453.710  Liability for costs of treatment.  When a narcotic addict is being treated under a program or service maintained under NRS 453.660, his or her estate or legally responsible relatives, if of sufficient ability, are liable for payment of such portion of the cost of care, treatment, rehabilitation or aftercare furnished pursuant to NRS 453.660 as may be established by a regulation of the Division of Public and Behavioral Health of the Department.

      (Added to NRS by 1971, 651; A 1979, 1671)

      NRS 453.720  Confidential and privileged information.  Unless otherwise requested by a narcotic addict being treated, or a person who in the past was treated, under NRS 453.660, and except as otherwise provided in NRS 239.0115, all information in possession of the Division of Public and Behavioral Health of the Department, any rehabilitation clinic or any certified hospital concerning such person is confidential and privileged.

      (Added to NRS by 1971, 652; A 1979, 1671; 2007, 2111)

      NRS 453.730  Emergency treatment authorized without notification to law enforcement officer or agency.  Notwithstanding any other provision of law, any physician may render emergency treatment for narcotic or dangerous drug abuse without notifying a law enforcement official or agency.

      (Added to NRS by 1971, 652)