(On Behalf of the Department of Motor Vehicles
and Public Safety)
February 5, 1997
____________
Referred to Committee on Judiciary
SUMMARY--Revises provisions governing amount of marihuana required for conviction of trafficking in controlled substances. (BDR 40-586)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to controlled substances; revising the provisions that govern the amount of marihuana which is required for a conviction of trafficking in controlled substances; revising the provisions governing civil penalties for trafficking in marihuana; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 NRS 453.339 is hereby amended to read as follows:
453.339 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 marihuana shall be punished, if the quantity involved:
(a) Is [100] 20 pounds or more, but less than [2,000] 100 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] 100 pounds or more, but less than [10,000] 2,000 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] 2,000 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,
and by a fine of not more than $200,000.
2. For the purposes of this section:
(a) "Marihuana" means all parts of [any] a plant of the genus Cannabis, whether growing or not.
(b) The weight of marihuana is its weight when seized or as soon as practicable thereafter.
Sec. 2. NRS 453.5531 is hereby amended to read as follows:
453.5531 1. The State of Nevada is entitled in a civil action brought pursuant to NRS 453.553 involving marihuana, to a civil penalty in an amount:
(a) Not to exceed $350,000, if the quantity involved is [100] 20 pounds or more, but less than [2,000] 100 pounds.
(b) Not to exceed $700,000, if the quantity involved is [2,000] 100 pounds or more, but less than [10,000] 2,000 pounds.
(c) Not to exceed $1,000,000, if the quantity involved is [10,000] 2,000 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 marihuana, 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.
Sec. 3. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 4. The amendatory provisions of this act apply to offenses committed on or after October 1, 1997.