2005 Nevada Revised Statutes - Chapter 453 — Controlled Substances

CHAPTER 453 - CONTROLLED SUBSTANCES

GENERAL PROVISIONS

NRS 453.005 Applicabilityof chapter to medical use of marijuana.

UNIFORM CONTROLLED SUBSTANCES ACT

General Provisions

NRS 453.011 Shorttitle; purpose.

NRS 453.013 Uniformityof interpretation.

NRS 453.016 Definitions.

NRS 453.021 Administerdefined.

NRS 453.023 Advancedpractitioner of nursing defined.

NRS 453.026 Agentdefined.

NRS 453.031 Boarddefined.

NRS 453.038 Chartorder defined.

NRS 453.039 Compoundand compounding defined.

NRS 453.043 Controlledsubstance analog defined.

NRS 453.046 Counterfeitsubstance defined.

NRS 453.051 Deliverand delivery defined.

NRS 453.053 Departmentdefined.

NRS 453.056 Dispensedefined.

NRS 453.061 Dispenserdefined.

NRS 453.066 Distributedefined.

NRS 453.071 Distributordefined.

NRS 453.076 Divisiondefined.

NRS 453.081 Drugdefined.

NRS 453.082 DrugEnforcement Administration defined.

NRS 453.083 Filldefined.

NRS 453.085 Hospitaldefined.

NRS 453.086 Immediateprecursor defined.

NRS 453.087 Institutionalpharmacy defined.

NRS 453.0875 Isomerdefined.

NRS 453.091 Manufacturedefined.

NRS 453.096 Marijuanadefined.

NRS 453.098 Narcoticaddict defined.

NRS 453.099 Narcoticaddiction defined.

NRS 453.101 Narcoticdrug defined.

NRS 453.106 Opiatedefined.

NRS 453.111 Opiumpoppy defined.

NRS 453.113 Persondefined.

NRS 453.117 Pharmacydefined.

NRS 453.118 Pharmacyin a correctional institution defined.

NRS 453.121 Poppystraw defined.

NRS 453.126 Practitionerdefined.

NRS 453.128 Prescriptiondefined.

NRS 453.131 Productiondefined.

NRS 453.134 Refilldefined.

NRS 453.136 Statedefined.

NRS 453.137 Steroiddefined.

NRS 453.141 Ultimateuser defined.

NRS 453.146 Powersand duties of Board.

NRS 453.151 Cooperativearrangements; confidentiality of information.

NRS 453.153 Cooperationbetween Board and Division required.

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

NRS 453.1545 Boardand Division required to develop computerized program to track prescriptionsfor controlled substances; reporting of illegal activity; confidentiality ofinformation obtained from program; gifts, grants and donations.

NRS 453.155 Boardor Division authorized to conduct programs for research and education.

NRS 453.157 Confidentialityof information concerning research or medical practice.

NRS 453.159 Existingorders or regulations unaffected.

 

Schedules

NRS 453.166 ScheduleI tests.

NRS 453.176 ScheduleII tests.

NRS 453.186 ScheduleIII tests.

NRS 453.196 ScheduleIV tests.

NRS 453.206 ScheduleV tests.

NRS 453.211 Review,revision and dissemination of schedules.

NRS 453.216 Nomenclature.

NRS 453.218 Additionof immediate precursor to schedule.

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

NRS 453.2184 Schedulingof substance by extraordinary regulation.

NRS 453.2186 Boardprohibited from including certain substances on schedule; exceptions; requiredconsiderations.

NRS 453.2188 Placementof substance in schedule allowed if controlled by federal law pursuant tointernational treaty, convention or protocol.

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

 

Regulations

NRS 453.221 Regulations;fees.

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

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

NRS 453.232 Penaltyfor failure to register.

NRS 453.233 Noticeof conviction of registered person to be furnished.

NRS 453.236 Suspension,revocation of registration; seizure, placement under seal of controlledsubstance owned or possessed by registrant; notification of Drug EnforcementAdministration and Division concerning suspension, revocation or forfeiture;registrant prohibited from employing person whose pharmacists certificate wassuspended or revoked.

NRS 453.241 Administrativeproceedings to deny, suspend or revoke registration.

NRS 453.246 Recordkeepingand inventory requirements for registrants.

NRS 453.251 Orderforms.

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

NRS 453.257 Fillingsecond or subsequent prescriptions.

 

Enforcement

NRS 453.261 Administrativeinspections.

NRS 453.266 Administrativewarrant for inspection.

NRS 453.271 Powersof enforcement of officers and employees of Division.

NRS 453.276 Injunctions.

NRS 453.281 Burdenof proof; immunity of officers from liability.

NRS 453.286 Judicialreview.

 

Forfeitures

NRS 453.301 Propertysubject to forfeiture.

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

NRS 453.311 Controlledsubstances; plants; seizure and forfeiture.

 

Offenses and Penalties

NRS 453.316 Openingor maintaining of place for unlawful sale, gift or use of controlled substanceprohibited; penalties; prohibition against probation or suspension of sentencefor certain repeat offenders.

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

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

NRS 453.326 Unlawfulacts relating to recordkeeping, inspections and knowingly keeping ormaintaining place where controlled substances are unlawfully used, kept orsold; penalty.

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

NRS 453.332 Unlawfulacts relating to imitation controlled substances; penalties.

NRS 453.3325 Unlawfulto allow child to be present during commission of certain violations whichinvolve controlled substances other than marijuana; penalties; probation orsuspended sentence prohibited.

NRS 453.333 Penaltiesfor making available controlled substance which causes death.

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

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

NRS 453.3345 Additionalpenalty for commission of certain violations at or near school, school busstop, recreational facilities for minors or public park.

NRS 453.3351 Additionalpenalty for commission of certain violations which involve methamphetamineunder certain circumstances.

NRS 453.3353 Additionaland alternative penalties for commission of certain violations which involvecontrolled substances other than marijuana and result in death or substantialbodily harm to another person.

NRS 453.336 Unlawfulpossession not for purpose of sale: Prohibition; penalties.

NRS 453.3361 Unlawfulpossession not for purpose of sale: Local ordinances adopting penalties forcertain similar offenses; allocation of fines collected for violation of localordinance.

NRS 453.3363 Suspensionof proceedings and probation of accused under certain conditions; effect ofdischarge and dismissal.

NRS 453.3365 Sealingof record of person convicted of possession of controlled substance not forpurpose of sale; conditions.

NRS 453.337 Unlawfulpossession for sale of flunitrazepam, gamma-hydroxybutyrate and schedule I orII substances; penalties.

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

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

NRS 453.3385 Traffickingin controlled substances: Flunitrazepam, gamma-hydroxybutyrate and schedule Isubstances, except marijuana.

NRS 453.339 Traffickingin controlled substances: Marijuana.

NRS 453.3395 Traffickingin controlled substances: Schedule II substances.

NRS 453.3405 Traffickingin controlled substances: Suspended sentence limited; eligibility for parole;reduction or suspension of sentence of person assisting in identification, arrestor conviction.

NRS 453.341 Prosecutionor proceeding under prior law unaffected.

NRS 453.346 Effectof conviction or acquittal under federal or other state laws.

NRS 453.348 Previousconvictions.

ILLEGAL INTERNET PHARMACIES

NRS 453.3611 Definitions.

NRS 453.3615 Dangerousdrug defined.

NRS 453.3618 IllegalInternet pharmacy defined.

NRS 453.3621 Imitationcontrolled substance defined.

NRS 453.3625 Internetdefined.

NRS 453.3628 Prescriptiondrug defined.

NRS 453.3633 Circumstancesunder which person has reasonable cause to believe.

NRS 453.3635 Applicability.

NRS 453.3638 Unlawfulacts relating to filling or refilling prescription or delivering certainsubstances or drugs; aiding unlawful act prohibited; penalties; multiplepunishments authorized.

NRS 453.3639 Unlawfulacts relating to filling or refilling prescription via Internet; exception;aiding unlawful act prohibited; penalties; multiple punishments authorized.

NRS 453.3643 Unlawfulacts relating to issuance of prescription; circumstances under whichpractitioner or person licensed by another jurisdiction is prohibited from prescribingprescription drug; aiding unlawful act prohibited; penalties; multiple punishmentsauthorized.

NRS 453.3648 Concurrentjurisdiction of Attorney General and district attorneys to prosecuteviolations.

FURTHER REGULATION AND PROHIBITIONS

NRS 453.371 Definitions.

NRS 453.375 Authorityto possess and administer controlled substances.

NRS 453.377 Authorityto dispense controlled substances.

NRS 453.381 Limitationson prescribing, possessing, administering, transporting and dispensingcontrolled substances.

NRS 453.385 Adoptionof regulations governing prescriptions for controlled substances; compliancewith federal law.

NRS 453.391 Unlawfultaking or obtaining of controlled substance or prescription.

NRS 453.401 Penaltiesfor conspiracy.

NRS 453.411 Unlawfuluse of controlled substance; penalties.

NRS 453.421 Penaltyfor violation of NRS 453.371 to 453.391, inclusive.

NRS 453.431 Unlawfulacts relating to filling and refilling prescriptions and obtaining controlledsubstance or prescription; authorization to request proper identification fromperson requesting controlled substance.

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

NRS 453.521 Unlawfulpossession or sale of nasal inhaler; exception.

NRS 453.541 Sacramentaluse of peyote permitted.

NRS 453.551 Immunityfor acts in performance of official duties.

NRS 453.552 Criminalpenalties additional to civil penalties or sanctions.

CIVIL PENALTIES

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

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

NRS 453.5532 Moneycollected as civil penalty: Limitations on use.

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

DRUG PARAPHERNALIA

NRS 453.554 Drugparaphernalia defined.

NRS 453.556 Factorsfor identifying object as item of drug paraphernalia.

NRS 453.558 Injunctions.

NRS 453.560 Unlawfuldelivery, sale, possession or manufacture.

NRS 453.562 Unlawfuldelivery to minor.

NRS 453.564 Unlawfuladvertising.

NRS 453.566 Unlawfuluse or possession.

MISCELLANEOUS PROVISIONS

NRS 453.568 Reportof loss or theft of controlled substance.

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

NRS 453.575 Feefor analysis of controlled substance or other substance or drug: Inclusion insentence of offender; distribution and use of proceeds.

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

TREATMENT AND REHABILITATION OF ADDICTS

NRS 453.600 Declarationof legislative purpose.

NRS 453.660 Experimentaland clinical programs; personnel; regulations.

NRS 453.670 Localgovernments may assist programs and services.

NRS 453.680 Cooperativeagreements.

NRS 453.690 Informationto be furnished.

NRS 453.700 Applicationfor treatment; regulations for voluntary submission.

NRS 453.710 Liabilityfor costs of treatment.

NRS 453.720 Confidentialand privileged information.

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

_________

 

GENERAL PROVISIONS

NRS 453.005 Applicabilityof chapter to medical use of marijuana. Theprovisions of this chapter do not apply to the extent that they areinconsistent with the provisions of chapter 453Aof NRS.

(Added to NRS by 2001, 3066)

UNIFORM CONTROLLED SUBSTANCES ACT

General Provisions

NRS 453.011 Shorttitle; purpose.

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

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

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

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

(Added to NRS by 1971, 2022)(Substituted in revisionfor 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 meaningsascribed to them in those sections except in instances where the contextclearly 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 Administerdefined. Administer means the direct applicationof a controlled substance, whether by injection, inhalation, ingestion or anyother means, to the body of a patient or research subject by:

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

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

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

NRS 453.023 Advancedpractitioner of nursing defined. Advancedpractitioner of nursing means a registered nurse who holds a valid certificateof recognition as an advanced practitioner of nursing issued by the State Boardof Nursing.

(Added to NRS by 1991, 793)

NRS 453.026 Agentdefined. Agent means a pharmacist, licensedpractical nurse or registered nurse who cares for a patient of a prescribingpractitioner in a medical facility or an authorized person who acts on behalfof or at the direction of and is employed by a manufacturer, distributor,dispenser or prescribing practitioner. The term does not include a common orcontract carrier, public warehouseman or employee of the carrier orwarehouseman.

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

NRS 453.031 Boarddefined. Board means the State Board of Pharmacy.

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

NRS 453.038 Chartorder defined. Chart order means an orderentered on the chart of a patient:

1. In a hospital, facility for intermediate care orfacility for skilled nursing which is licensed as such by the Health Divisionof the Department; or

2. Under emergency treatment in a hospital by aphysician, advanced practitioner of nursing, dentist or podiatric physician, oron the written or oral order of a physician, physician assistant, advancedpractitioner of nursing, dentist or podiatric physician authorizing theadministration 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)

NRS 453.039 Compoundand compounding defined. Compound orcompounding means to form or make up a composite product by combining two ormore different ingredients.

(Added to NRS by 1979, 1671)

NRS 453.043 Controlledsubstance analog defined.

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

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

(b) With respect to a particular person, which herepresents or intends to have a stimulant, depressant or hallucinogenic effecton the central nervous system substantially similar to the stimulant,depressant or hallucinogenic effect on the central nervous system of acontrolled 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 drugapplication;

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

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

(Added to NRS by 1991, 1644)

NRS 453.046 Counterfeitsubstance defined. Counterfeit substancemeans a controlled substance which, or the container or labeling of which,without authorization, bears the trademark, trade name or other identifyingmark, 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 Deliverand delivery defined. Deliver ordelivery means the actual, constructive or attempted transfer from one personto another of a controlled substance, whether or not there is an agencyrelationship.

(Added to NRS by 1971, 2000)

NRS 453.053 Departmentdefined. Department means the Department ofHealth and Human Services.

(Added to NRS by 1979, 1671)

NRS 453.056 Dispensedefined.

1. Except as limited by subsection 2, dispense meansto deliver a controlled substance to an ultimate user, patient or researchsubject by or pursuant to the lawful order of a practitioner, including theprescribing, administering, packaging, labeling or compounding necessary toprepare the substance for that delivery.

2. The term does not include the furnishing of acontrolled 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 Dispenserdefined. Dispenser means a practitioner whodispenses.

(Added to NRS by 1971, 2000)

NRS 453.066 Distributedefined. Distribute means to deliver otherthan by administering or dispensing a controlled substance. The term includeswholesale distribution as defined in NRS639.0155.

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

NRS 453.071 Distributordefined. Distributor means a person whodistributes. The term includes a wholesaler as defined in NRS 639.016.

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

NRS 453.076 Divisiondefined. Division means the InvestigationDivision of the Department of Public Safety.

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

NRS 453.081 Drugdefined.

1. Drug means substances:

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

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

(c) Other than food, intended to affect the structureor any function of the body of man or animals; and

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

2. Drug does not include devices or theircomponents, parts or accessories.

(Added to NRS by 1971, 2000)

NRS 453.082 DrugEnforcement Administration defined. Drug EnforcementAdministration means the Drug Enforcement Administration of the United StatesDepartment of Justice, or its successor agency.

(Added to NRS by 1991, 484)

NRS 453.083 Filldefined. Fill means the counting, measuring,compounding, pouring, packaging and labeling required to prepare a drug foreither direct or indirect delivery to a patient.

(Added to NRS by 1979, 1672)

NRS 453.085 Hospitaldefined. Hospital means any facility whichis licensed by the Department as a hospital and which provides care andtreatment of human illness or other abnormal physical or mental conditions onan inpatient basis, including any such facility operated by this State or apolitical subdivision of this State.

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

NRS 453.086 Immediateprecursor defined. Immediate precursormeans a substance:

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

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

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

NRS 453.087 Institutionalpharmacy defined. Institutional pharmacymeans a pharmacy or other storage place as defined by regulations adopted bythe Board which is a part of or operated in conjunction with a medical facilityas that term is defined in NRS 449.0151.The term includes:

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

2. A pharmacy off the premises of the medical facilitywhich provides services only to the patients of the facility and provides asystem of distributing medication based upon chart orders from the medicalfacility.

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

NRS 453.0875 Isomerdefined. Isomer means an optical isomer, butin subsection 5 of NRS 453.101 the termincludes a geometric isomer.

(Added to NRS by 1991, 1644)

NRS 453.091 Manufacturedefined.

1. Manufacture means the production, preparation,propagation, compounding, conversion or processing of a substance, eitherdirectly or indirectly by extraction from substances of natural origin, orindependently by means of chemical synthesis, or by a combination of extractionand chemical synthesis, and includes any packaging or repackaging of thesubstance 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, dentist, podiatric physician, advanced practitioner ofnursing or veterinarian:

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

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

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

NRS 453.096 Marijuanadefined.

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 ofthe plant, fiber produced from the stems, oil or cake made from the seeds ofthe plant, any other compound, manufacture, salt, derivative, mixture orpreparation of the mature stems (except the resin extracted therefrom), fiber,oil or cake, or the sterilized seed of the plant which is incapable ofgermination.

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

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

(Added to NRS by 1979, 1672)

NRS 453.099 Narcoticaddiction defined. Narcotic addiction meanscompulsion to continue taking or psychic or physical dependence on the effectsof a narcotic drug.

(Added to NRS by 1979, 1672)

NRS 453.101 Narcoticdrug defined. Narcotic drug means any ofthe following, however manufactured:

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

2. Synthetic opiate and any derivative of syntheticopiate, 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 ofcoca leaves from which cocaine, ecgonine, and derivatives of ecgonine or theirsalts have been removed;

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

6. Cocaine base;

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

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

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

NRS 453.106 Opiatedefined.

1. Opiate means any substance having anaddiction-forming or addiction-sustaining liability similar to morphine orbeing capable of conversion into a drug having addiction-forming oraddiction-sustaining liability, including opium, opium derivatives andsynthetic opiates.

2. Opiate does not include, unless specificallydesignated 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 Opiumpoppy defined. Opium poppy means the plantof the species Papaver somniferum L., except its seeds.

(Added to NRS by 1971, 2002)

NRS 453.113 Persondefined. Person includes a government or agovernmental subdivision or agency.

(Added to NRS by 1991, 1644)

NRS 453.117 Pharmacydefined.

1. Pharmacy means every store or shop licensed bythe Board where drugs, controlled substances, poisons, medicines or chemicalsare stored or possessed, or dispensed or sold at retail, or displayed for saleat retail, or where prescriptions are compounded or dispensed.

2. Pharmacy includes pharmacies owned or operated bythe State of Nevada and political subdivisions and municipal corporationstherein.

(Added to NRS by 1979, 1672)

NRS 453.118 Pharmacyin a correctional institution defined. Pharmacyin a correctional institution means a pharmacy or other storage place formedicines, controlled substances and dangerous drugs which is a part of or isoperated in conjunction with a correctional facility, including a jail andfacility for the detention of juveniles.

(Added to NRS by 1987, 1653)

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

(Added to NRS by 1971, 2002)

NRS 453.126 Practitionerdefined. Practitioner means:

1. A physician, dentist, veterinarian or podiatricphysician who holds a license to practice his profession in this State and isregistered pursuant to this chapter.

2. An advanced practitioner of nursing who holds acertificate from the State Board of Nursing and a certificate from the StateBoard of Pharmacy authorizing him to dispense or to prescribe and dispensecontrolled substances.

3. A scientific investigator or a pharmacy, hospitalor other institution licensed, registered or otherwise authorized in this Stateto distribute, dispense, conduct research with respect to, to administer, oruse in teaching or chemical analysis, a controlled substance in the course ofprofessional practice or research.

4. A euthanasia technician who is licensed by theNevada State Board of Veterinary Medical Examiners and registered pursuant tothis chapter, while he possesses or administers sodium pentobarbital pursuantto his license and registration.

5. A physician assistant who:

(a) Holds a license from the Board of MedicalExaminers; and

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

6. An osteopathic physicians assistant who:

(a) Holds a certificate from the State Board ofOsteopathic Medicine; and

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

7. An optometrist who is certified by the Nevada StateBoard of Optometry to prescribe and administer therapeutic pharmaceuticalagents pursuant to NRS 636.288, when heprescribes or administers therapeutic pharmaceutical agents within the scope ofhis 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)

NRS 453.128 Prescriptiondefined.

1. Prescription means:

(a) An order given individually for the person for whomprescribed, directly from a physician, osteopathic physicians assistant,physician assistant, dentist, podiatric physician, optometrist, advancedpractitioner of nursing or veterinarian, or his agent, to a pharmacist orindirectly by means of an order signed by the practitioner or an electronictransmission from the practitioner to a pharmacist; or

(b) A chart order written for an inpatient specifyingdrugs which he is to take home upon his discharge.

2. The term does not include a chart order written foran inpatient for use while he 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)

NRS 453.131 Productiondefined. Production includes the manufacturingof a controlled substance and the planting, cultivation, growing or harvestingof a plant from which a controlled substance is derived.

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

NRS 453.134 Refilldefined. Refill means to fill again.

(Added to NRS by 1979, 1672)

NRS 453.136 Statedefined. State means a state of the UnitedStates, the District of Columbia, the Commonwealth of Puerto Rico or aterritory or insular possession subject to the jurisdiction of the UnitedStates.

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

NRS 453.137 Steroiddefined. Steroid means any of the compoundsthat contain a hydrogenated cyclopentophenanthrene-ring system, and includesthe sterols.

(Added to NRS by 1989, 1680)

NRS 453.141 Ultimateuser defined. Ultimate user means a personwho lawfully possesses a controlled substance for his own use or the use of amember of his household or for administering to any animal owned by him or by amember of his household. The term includes the guardian of an ultimate user orany other person authorized in a durable power of attorney to act on the behalfof the ultimate user. The term does not include a patient in or an employee ofa medical facility, as defined in NRS449.0151, who is not statutorily authorized to administer drugs.

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

NRS 453.146 Powersand duties of Board.

1. The Board shall administer the provisions of NRS 453.011 to 453.552, inclusive, and may add substancesto 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 pharmacologicaleffect, if known;

(c) The state of current scientific knowledge regardingthe 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 psychicor physiological dependence liability; and

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

3. The Board may consider findings of the federal Foodand Drug Administration or the Drug Enforcement Administration as prima facieevidence relating to one or more of the determinative factors.

4. After considering the factors enumerated insubsection 2, the Board shall make findings with respect thereto and adopt aregulation controlling the substance if it finds the substance has a potentialfor abuse.

5. The Board shall designate as a controlled substancea steroid or other product which is used to enhance athletic performance,muscle mass, strength or weight without medical necessity. The Board may notdesignate as a controlled substance an anabolic steroid which is:

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

(b) Approved by the Food and Drug Administration forsuch 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 Cooperativearrangements; confidentiality of information.

1. The Board and the Division shall cooperate withfederal and other state agencies in discharging their responsibilitiesconcerning traffic in controlled substances and in suppressing the abuse ofcontrolled substances. To this end, the Board and Division may:

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

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

(c) Cooperate with the Drug Enforcement Administrationby establishing a centralized unit to accept, catalog, file and collectstatistics, including records of drug-dependent persons and other controlledsubstance law offenders within the State, and make the information availablefor federal, state and local law enforcement purposes. The Board and theDivision shall not furnish the name or identity of a patient or researchsubject whose identity could not be obtained pursuant to NRS 453.157; and

(d) Conduct programs of eradication aimed at destroyingthe wild growth or illicit propagation of plant species from which controlledsubstances may be extracted.

2. Results, information and evidence received from theDrug Enforcement Administration relating to the regulatory functions of theprovisions of NRS 453.011 to 453.552, inclusive, including results ofinspections conducted by it, may be relied and acted upon by the Board in theexercise 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 Cooperationbetween Board and Division required. The Boardand 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 Divisionrequired to prepare certain reports concerning controlled substances; Divisionand Board may enter into agreements with public agencies; requirements.

1. In this section, diversion means the transfer ofa controlled substance from a lawful to an unlawful channel of distribution oruse.

2. The Division shall regularly prepare and makeavailable to other state regulatory, licensing and law enforcement agencies areport on the patterns and trends of distribution, diversion and abuse ofcontrolled substances.

3. The Board and the Division may enter into writtenagreements with local, state and federal agencies to improve identification ofsources of diversion and to improve enforcement of and compliance with NRS 453.011 to 453.348, inclusive, and other laws andregulations pertaining to unlawful conduct involving controlled substances. Anagreement must specify the roles and responsibilities of each agency that hasinformation or authority to identify, prevent or control diversion and abuse ofcontrolled substances. The Board and the Division may convene periodic meetingsto coordinate a state program to prevent and control diversion. The Board andthe Division may arrange for cooperation and exchange of information among agenciesand with other states and the Federal Government.

4. The Division shall report annually to the Governorand biennially to the presiding officer of each house of the Legislature on theoutcome of the program with respect to its effect on distribution and abuse ofcontrolled substances, including recommendations for improving control andprevention of the diversion of controlled substances in this State.

(Added to NRS by 1991, 1646)

NRS 453.1545 Boardand Division required to develop computerized program to track prescriptionsfor controlled substances; reporting of illegal activity; confidentiality ofinformation obtained from program; gifts, grants and donations.

1. The Boardand the Division shall cooperatively develop a computerized program to trackeach prescription for a controlled substance listed in schedule II, III or IVthat is filled by a pharmacy that is registered with the Board or that isdispensed by a practitioner who is registered with the Board. The program must:

(a) Be designedto provide information regarding:

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

(2) Statisticaldata relating to the use of those controlled substances that is not specific toa particular patient.

(b) Beadministered by the Board, the Division, the Health Division of the Departmentand various practitioners, representatives of professional associations forpractitioners, representatives of occupational licensing boards and prosecutingattorneys selected by the Board and the Division.

(c) Notinfringe on the legal use of a controlled substance for the management ofsevere or intractable pain.

2. The Boardand the Division must have access to the program established pursuant tosubsection 1 to identify any suspected fraudulent or illegal activity relatedto the dispensing of controlled substances.

3. The Boardor the Division shall report any activity it reasonably suspects may befraudulent or illegal to the appropriate law enforcement agency or occupationallicensing board and provide the law enforcement agency or occupational licensingboard with the relevant information obtained from the program for furtherinvestigation.

4. Informationobtained from the program relating to a practitioner or a patient isconfidential and, except as otherwise provided by this section, must not be disclosedto any person. That information must be disclosed:

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

(b) Upon thelawful order of a court of competent jurisdiction.

5. The Board and the Division may apply for anyavailable grants and accept any gifts, grants or donations to assist indeveloping and maintaining the program required by this section.

(Added to NRS by 1995, 1433; A 1999, 245, 1872, 1890; 2001, 417; 2003, 2294)

NRS 453.155 Boardor Division authorized to conduct programs for research and education.

1. The Board or Division, in cooperation with theHealth Division of the Department, may carry out educational programs designedto prevent and deter misuse and abuse of controlled substances. In connectionwith these programs the Board or Division may:

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

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

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

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

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

(f) Assist in the education and training of state andlocal law enforcement officials in their efforts to control misuse and abuse ofcontrolled substances.

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

(a) Establish methods to assess accurately the effectsof controlled substances and identify and characterize those with potential forabuse;

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

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

(2) Determine patterns of misuse and abuse ofcontrolled 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 forthe purpose of conducting research, demonstrations or special projects whichbear directly on misuse and abuse of controlled substances.

3. The Board may authorize persons engaged in researchon the use and effects of controlled substances to withhold the names and otheridentifying 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 theindividuals who are the subjects of research for which the authorization wasobtained.

4. The Board may authorize the possession anddistribution of controlled substances by persons engaged in research. A personwho obtains this authorization is exempt from state prosecution for possessionand 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)

NRS 453.157 Confidentialityof information concerning research or medical practice. A practitioner engaged in medical practice or research isnot required or compelled to furnish the name or identity of a patient orresearch subject to the Board, nor may he be compelled in any state or localcivil, criminal, administrative, legislative or other proceeding to furnish thename or identity of an individual that the practitioner is obligated to keepconfidential.

(Added to NRS by 1971, 2016)(Substituted in revisionfor NRS 453.296)

NRS 453.159 Existingorders or regulations unaffected. Any ordersand regulations promulgated under any law affected by NRS 453.011 to 453.552, inclusive, and in effect onJanuary 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 ScheduleI tests. The Board shall place a substance inschedule I if it finds that the substance:

1. Has high potential for abuse; and

2. Has no accepted medical use in treatment in theUnited States or lacks accepted safety for use in treatment under medicalsupervision.

(Added to NRS by 1971, 2005)

NRS 453.176 ScheduleII tests. The Board shall place a substance inschedule II if it finds that:

1. The substance has high potential for abuse;

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

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

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

NRS 453.186 ScheduleIII tests. The Board shall place a substancein schedule III if it finds that:

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

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

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

(Added to NRS by 1971, 2008)

NRS 453.196 ScheduleIV tests. The Board shall place a substance inschedule IV if it finds that:

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

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

3. Abuse of the substance may lead to limited physicaldependence or psychological dependence relative to the substances in scheduleIII.

(Added to NRS by 1971, 2008)

NRS 453.206 ScheduleV tests. The Board shall place a substance inschedule V if it finds that:

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

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

3. Abuse of the substance may lead to limited physicaldependence or psychological dependence relative to the substances listed inschedule 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 listof current schedules.

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

(c) Make copies of the list of current schedulesavailable to members of the public upon request. The Board may charge areasonable fee for providing the copies.

2. Failure to publish revised schedules is not adefense 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 inschedules 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 Additionof immediate precursor to schedule. The Board,without regard to the findings required by NRS453.166, 453.176, 453.186, 453.196,453.206 or subsection 4 of NRS 453.146 or the procedures prescribed bysubsections 1 to 4, inclusive, of NRS453.146, may add an immediate precursor to the same schedule in which thecontrolled substance of which it is an immediate precursor is included or to inany other schedule. If the Board designates a substance as an immediateprecursor, substances which are precursors of the controlled precursor are notsubject to control solely because they are precursors of the controlledprecursor.

(Added to NRS by 1991, 1644)

NRS 453.2182 Treatmentby Board when substance is designated, rescheduled or deleted as controlledsubstance by federal law. If a substance isdesignated, rescheduled or deleted as a controlled substance pursuant tofederal law, the Board shall similarly treat the substance pursuant to theprovisions of NRS 453.011 to 453.552, inclusive, after the expiration of60 days from publication in the Federal Register of a final order designating asubstance as a controlled substance or rescheduling or deleting a substance orfrom the date of issuance of an order of temporary scheduling under Section 508of 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 partyobjects to the treatment of the substance. If no objection is made, the Boardshall adopt, without making the determinations or findings required bysubsections 1 to 4, inclusive, of NRS453.146 or NRS 453.166, 453.176, 453.186,453.196 or 453.206, a final regulation treating thesubstance. If an objection is made, the Board shall make a determination withrespect to the treatment of the substance as provided by subsections 1 to 4,inclusive, of NRS 453.146. Upon receiptof an objection to the treatment by the Board, the Board shall publish noticeof the receipt of the objection, and action by the Board is stayed until theBoard 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 Schedulingof substance by extraordinary regulation. TheBoard, by extraordinary regulation and without regard to the requirements ofsubsections 1, 2 and 3 of NRS 453.146may schedule a substance in schedule I, whether or not the substance issubstantially similar to a controlled substance included in schedule I or II,if the Board finds that scheduling of the substance by extraordinary regulationis necessary to avoid an imminent hazard to the public safety and the substanceis not in any other schedule and no exemption or approval is in effect for thesubstance under Section 505 of the federal Food, Drug, and Cosmetic Act (21U.S.C. 355). Upon receipt of notice under NRS453.219 the Board shall initiate scheduling of the controlled substanceanalog by extraordinary regulation pursuant to this section. The scheduling ofa substance under this section expires 1 year after the adoption of theextraordinary regulation. With respect to the finding of an imminent hazard tothe public safety, the Board shall consider whether the substance has beenscheduled on a temporary basis under federal law and the factors set forth inparagraphs (d), (e) and (f) of subsection 2 of NRS 453.146, and may also consider clandestineimportation, manufacture or distribution, and if available, informationconcerning the other factors set forth in subsection 2 of NRS 453.146. An extraordinary regulationmay not be adopted under this section until the Board initiates a proceeding toadopt 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 theconclusion 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 Boardprohibited from including certain substances on schedule; exceptions; requiredconsiderations.

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

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

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

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

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

(a) Whether the customary methods of marketing anddistributing the substance are likely to lead to its unlawful distribution oruse, including any relevant information with regard to a manufacturer ordistributor of the substance concerning:

(1) His record of compliance with applicablefederal, state and local statutes, ordinances and regulations;

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

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

(4) Whether he has ever furnished materiallyfalsified or fraudulent material in any application filed pursuant to NRS 453.011 to 453.552, inclusive.

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

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

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

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

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

(Added to NRS by 1991, 1645)

NRS 453.2188 Placementof substance in schedule allowed if controlled by federal law pursuant tointernational treaty, convention or protocol. TheBoard may place a substance in schedule I, II, III, IV or V without making thefindings respectively required for those schedules if the substance iscontrolled under the corresponding schedule of the federal ControlledSubstances Act by a federal agency as the result of an international treaty,convention or protocol.

(Added to NRS by 1991, 1646)

NRS 453.219 Controlledsubstance analog: Treatment as substance in schedule I; notice of prosecution;determination by Board. A controlled substanceanalog, to the extent intended for human consumption, must be treated, for thepurposes of NRS 453.011 to 453.552, inclusive, as a substance includedin schedule I. Within 30 days after the initiation of prosecution with respectto a controlled substance analog by indictment or information, the districtattorney shall notify the Board of information relevant to scheduling byextraordinary regulation as provided for in NRS453.2184. If the Board finally determines that the controlled substanceanalog should not be scheduled, no prosecution relating to that substance as acontrolled 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 chargereasonable fees relating to the registration and control of the dispensing ofcontrolled substances within this State.

2. The Board may charge an additional fee fordispensing controlled substances included in schedules I to V, inclusive, tocover the cost of developing and maintaining the computerized program developedpursuant to NRS 453.1545. The amount ofthe fee must be:

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

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

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

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

1. Every practitioner or other person who dispensesany controlled substance within this State or who proposes to engage in thedispensing of any controlled substance within this State shall obtainbiennially a registration issued by the Board in accordance with itsregulations.

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

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

(a) An agent or employee of a registered dispenser of acontrolled substance if he is acting in the usual course of his business oremployment;

(b) A common or contract carrier or warehouseman, or anemployee thereof, whose possession of any controlled substance is in the usualcourse of business or employment;

(c) An ultimate user or a person in possession of anycontrolled substance pursuant to a lawful order of a physician, osteopathicphysicians assistant, physician assistant, dentist, advanced practitioner ofnursing, podiatric physician or veterinarian or in lawful possession of aschedule V substance; or

(d) A physician who:

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

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

4. The Board may waive the requirement forregistration of certain dispensers if it finds it consistent with the publichealth and safety.

5. A separate registration is required at eachprincipal place of business or professional practice where the applicantdispenses controlled substances.

6. The Board may inspect the establishment of aregistrant or applicant for registration in accordance with the Boardsregulations.

(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)

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

1. The Board shall register an applicant to dispensecontrolled substances included in schedules I to V, inclusive, unless itdetermines that the issuance of that registration would be inconsistent withthe public interest. In determining the public interest, the Board shallconsider the following factors:

(a) Maintenance of effective controls against diversionof 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 ofmanufacturing controlled substances and the development of new substances;

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

(e) Past experience of the applicant in the manufactureor distribution of controlled substances, and the existence in the applicantsestablishment of effective controls against diversion of controlled substancesinto other than legitimate medical, scientific research or industrial channels;

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

(g) Suspension or revocation of the applicants federalregistration to manufacture, distribute, possess, administer or dispensecontrolled substances as authorized by federal law; and

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

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

3. A practitioner must be registered before dispensinga controlled substance or conducting research with respect to a controlledsubstance included in schedules II to V, inclusive. The Board need not requireseparate registration pursuant to the provisions of NRS 453.011 to 453.552, inclusive, for practitionersengaging in research with nonnarcotic controlled substances included inschedules II to V, inclusive, if the registrant is already registered inaccordance with the provisions of NRS453.011 to 453.552, inclusive, inanother capacity. A practitioner registered in accordance with federal law toconduct research with a substance included in schedule I may conduct researchwith the substance in this State upon furnishing the Board evidence of thefederal registration.

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

NRS 453.232 Penaltyfor failure to register. A person whodispenses a controlled substance without being registered by the Board ifrequired by NRS 453.231 is guilty of acategory 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 Noticeof conviction of registered person to be furnished. Uponthe conviction of any person required to be registered under the provisions of NRS 453.011 to 453.552, inclusive, of violation of anyfederal or state law relating to any controlled substance, the prosecutingattorney shall cause copies of the judgment of conviction to be sent to theBoard and to any other licensing agency by whom the convicted person has beenlicensed or registered under the laws of the State of Nevada to engage in thepractice of his 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 controlledsubstance owned or possessed by registrant; notification of Drug EnforcementAdministration and Division concerning suspension, revocation or forfeiture;registrant prohibited from employing person whose pharmacists certificate wassuspended or revoked.

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

(a) Furnished false or fraudulent material informationin an application filed pursuant to NRS453.011 to 453.552, inclusive;

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

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

(d) Committed an act that would render registrationunder NRS 453.231 inconsistent with thepublic interest as determined pursuant to that section.

2. The Board may limit revocation or suspension of aregistration to the particular controlled substance with respect to whichgrounds for revocation or suspension exist.

3. If a registration is suspended or revoked, theBoard may place under seal all controlled substances owned or possessed by theregistrant 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 takingan appeal has elapsed or until all appeals have been concluded unless a court,upon application therefor, orders the sale of perishable substances and thedeposit of the proceeds of the sale with the court. When a revocation becomesfinal, the court may order the controlled substances forfeited to the State.

4. The Board may seize or place under seal anycontrolled substance owned or possessed by a registrant whose registration hasexpired or who has ceased to practice or do business in the manner permitted bythe registration. The controlled substance must be held for the benefit of theregistrant or his successor in interest. The Board shall notify a registrant,or his successor in interest, whose controlled substance is seized or placedunder seal, of the procedures to be followed to secure the return of the controlledsubstance and the conditions under which it will be returned. The Board may notdispose of a controlled substance seized or placed under seal under thissubsection until the expiration of 180 days after the controlled substance wasseized or placed under seal. The Board may recover costs it incurred inseizing, placing under seal, maintaining custody and disposing of anycontrolled substance under this subsection from the registrant, from anyproceeds obtained from the disposition of the controlled substance, or fromboth. The Board shall pay to the registrant or his successor in interest anybalance of the proceeds of any disposition remaining after the costs have beenrecovered.

5. The Board shall promptly notify the DrugEnforcement Administration and the Division of all orders suspending orrevoking registration and the Division shall promptly notify the DrugEnforcement Administration and the Board of all forfeitures of controlledsubstances.

6. A registrant shall not employ as his agent oremployee in any premises where controlled substances are sold, dispensed,stored or held for sale any person whose pharmacists certificate has beensuspended 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 Administrativeproceedings to deny, suspend or revoke registration.

1. Administrative proceedings by the Board to deny,suspend or revoke a registration must be initiated, conducted and concludedpursuant to the provisions of NRS 639.241to 639.257, inclusive, without regard toany criminal prosecution or other proceeding, but instead of the methods ofdiscipline 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 hisregistration or a schedule thereof; or

(b) Revoke the registration or a schedule thereof.

2. Proceedings to refuse renewal of registration donot abate the existing registration, which remains in effect pending theoutcome of the administrative hearing.

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

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

NRS 453.246 Recordkeepingand inventory requirements for registrants. Personsregistered to dispense controlled substances pursuant to the provisions of NRS 453.011 to 453.552, inclusive, shall keep records andmaintain inventories in conformance with the recordkeeping and inventoryrequirements of state and federal law and with any additional regulations theBoard issues.

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

NRS 453.251 Orderforms. Controlled substances listed inschedules I and II may be distributed by a registrant or licensed pharmacy toanother registrant or licensed pharmacy only pursuant to an order form and maybe received by a registrant only pursuant to an order form. Compliance with theprovisions of federal law respecting order forms shall be deemed compliancewith 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, asubstance included in schedule II must not be dispensed without the writtenprescription of a practitioner.

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

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

(b) Upon the use of a facsimile machine to transmit theprescription for a substance included in schedule II by a practitioner or apractitioners agent to a pharmacy for:

(1) Direct administration to a patient byparenteral solution; or

(2) A resident of a facility for intermediatecare or a facility for skilled nursing which is licensed as such by the HealthDivision of the Department.

Aprescription transmitted by a facsimile machine pursuant to this paragraph mustbe printed on paper which is capable of being retained for at least 2 years.For the purposes of this section, such a prescription constitutes a writtenprescription. The pharmacy shall keep prescriptions in conformity with therequirements of NRS 453.246. Aprescription 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 scheduleIII or IV which is a dangerous drug as determined under NRS 454.201, must not be dispensed withouta written or oral prescription of a practitioner. The prescription must not befilled or refilled more than 6 months after the date thereof or be refilledmore than five times, unless renewed by the practitioner.

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

5. A practitioner may dispense or deliver a controlledsubstance to or for a person or animal only for medical treatment or authorizedresearch in the ordinary course of his profession.

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

7. An individual practitioner may not dispense asubstance included in schedule II, III or IV for his own personal use except ina medical emergency.

8. A person who violates this section is guilty of acategory 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 orreceives a reproduction or facsimile of a document or photograph which istransmitted electronically or telephonically by telecommunications lines.

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

(c) Parenteral solution has the meaning ascribed toit 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)

NRS 453.257 Fillingsecond or subsequent prescriptions. Apharmacist shall not fill a second or subsequent prescription for a controlledsubstance listed in schedule II for the same patient unless the frequency ofprescriptions is in conformity with the directions for use. The need for anyincreased amount shall be verified by the practitioner in writing or personallyby telephone.

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

Enforcement

NRS 453.261 Administrativeinspections.

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

(a) When authorized by an administrative warrant forinspection issued pursuant to NRS 453.266,an officer, employee or other person who possesses some or all of the powers ofa peace officer, designated by the Division or the Board, upon presenting thewarrant 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 forinspection, an officer, employee or other person who possesses some or all ofthe powers of a peace officer, designated by the Division or the Board may:

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

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

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

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

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

(b) In situations presenting imminent danger to healthor safety;

(c) In situations involving inspection of conveyancesif there is reasonable cause to believe that the mobility of the conveyancemakes it impracticable to obtain a warrant;

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

(e) In all other situations in which a warrant is notconstitutionally required.

3. An inspection authorized by this section must notextend to financial data or sales data, other than data for shipment orpricing, unless the owner, operator or agent in charge of the controlledpremises consents in writing.

4. For purposes of this section, controlled premisesmeans:

(a) Places where persons registered or exempted fromthe requirements for registration pursuant to NRS453.011 to 453.552, inclusive, arerequired to keep records;

(b) Places, including factories, warehouses,establishments and conveyances in which persons registered or exempted from therequirements for registration pursuant to NRS453.011 to 453.552, inclusive, arepermitted to hold, manufacture, compound, process, sell, deliver or otherwisedispose 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 Administrativewarrant for inspection.

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

(a) A magistrate, within his jurisdiction, and uponproper oath or affirmation showing probable cause, may issue warrants for thepurpose of conducting administrative inspections authorized by the provisionsof NRS 453.011 to 453.552, inclusive, or regulations of theBoard or Division, and seizures of property appropriate to the inspections. Forpurposes of the issuance of administrative inspection warrants, probable causeexists upon showing a valid public interest in the effective enforcement of theprovisions of NRS 453.011 to 453.552, inclusive, or regulations of theBoard or Division, sufficient to justify administrative inspection of the area,premises, building or conveyance in the circumstances specified in theapplication for the warrant.

(b) A warrant must issue only upon an affidavit of anofficer or employee of the Board or Division having knowledge of the factsalleged, sworn to before the magistrate and establishing the grounds forissuing the warrant. If the magistrate is satisfied that grounds for theapplication exist or that there is probable cause to believe they exist, heshall issue a warrant identifying the area, premises, building or conveyance tobe inspected, the purpose of the inspection, and, if appropriate, the type ofproperty to be inspected, if any.

2. The warrant must:

(a) State the grounds for its issuance and the name ofeach 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 permitthe inspection of the area, premises, building or conveyance identified for thepurpose specified and, if appropriate, direct the seizure of the propertyspecified;

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

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

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

4. If property is seized pursuant to a warrant, a copymust be given to the person from whom or from whose premises the property istaken, 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 bemade in the presence of the person executing the warrant and of the person fromwhose possession or premises the property was taken, if present, or in thepresence of at least one credible person other than the person executing thewarrant. A copy of the inventory must be delivered to the person from whom orfrom whose premises the property was taken and to the applicant for thewarrant.

6. The magistrate who has issued a warrant shallattach thereto a copy of the return and all papers returnable in connectiontherewith and file them with the clerk of the district court in the county inwhich the inspection was made.

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

NRS 453.271 Powersof enforcement of officers and employees of Division. Anyofficer or employee of the Division designated by his appointing authority may:

1. Carry firearms in the performance of his officialduties;

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

3. Make arrests without warrant for any offense underthe provisions of NRS 453.011 to 453.552, inclusive, committed in hispresence, or if he has probable cause to believe that the person to be arrestedhas committed or is committing a violation of such sections which mayconstitute a felony;

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

5. Perform other law enforcement duties as theDivision 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 toenjoin 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 whichthe act is to occur and must be in conformity with Rule 65 of the Nevada Rulesof Civil Procedure, except that the Board or the Attorney General is notrequired to allege facts necessary to show or tending to show lack of adequateremedy at law or irreparable damage or loss. The action must be brought in thename of the State of Nevada.

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

NRS 453.281 Burdenof proof; immunity of officers from liability.

1. It is not necessary for the State to negate anyexemption or exception in the provisions of NRS453.011 to 453.552, inclusive, inany complaint, information, indictment or other pleading or in any trial,hearing or other proceeding under such sections. The burden of proof of anyexemption or exception is upon the person claiming it.

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

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

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

3. No liability is imposed by the provisions of NRS 453.011 to 453.552, inclusive, upon any authorizedstate, county or municipal officer engaged in the lawful performance of hisduties.

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

NRS 453.286 Judicialreview. All final determinations, findings andconclusions of the Board or Division under the provisions of NRS 453.011 to 453.552, inclusive, are final andconclusive decisions of the matters involved. Any person aggrieved by thedecision is entitled to judicial review of the decision in the manner providedby chapter 233B of NRS. Findings of fact bythe 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 Propertysubject to forfeiture. The following aresubject to forfeiture pursuant to NRS179.1156 to 179.119, inclusive:

1. All controlled substances which have beenmanufactured, distributed, dispensed or acquired in violation of the provisionsof NRS 453.011 to 453.552, inclusive, or a law of any otherjurisdiction which prohibits the same or similar conduct.

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

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

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

5. All conveyances, including aircraft, vehicles orvessels, which are used, or intended for use, to transport, or in any manner tofacilitate the transportation, concealment, manufacture or protection, for thepurpose of sale, possession for sale or receipt of property described insubsection 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 jurisdictionwhich prohibits the same or similar conduct, or of an injunction issuedpursuant to NRS 453.558.

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

8. All real property and mobile homes used or intendedto be used by any owner or tenant of the property or mobile home to facilitatea violation of the provisions of NRS 453.011to 453.552, inclusive, except NRS 453.336, or used or intended to be usedto facilitate a violation of a law of any other jurisdiction which prohibitsthe same or similar conduct as prohibited in NRS453.011 to 453.552, inclusive,except NRS 453.336. As used in thissubsection, tenant means any person entitled, under a written or oral rentalagreement, to occupy real property or a mobile home to the exclusion of others.

9. Everything of value furnished or intended to befurnished in exchange for a controlled substance in violation of the provisionsof NRS 453.011 to 453.552, inclusive, or a law of any otherjurisdiction which prohibits the same or similar conduct, all proceedstraceable to such an exchange, and all other property used or intended to beused 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 usedto facilitate a violation of a law of any other jurisdiction which prohibitsthe same or similar conduct as prohibited in NRS453.011 to 453.552, inclusive,except NRS 453.336. If an amount of cashwhich exceeds $300 is found in the possession of a person who is arrested for aviolation of NRS 453.337 or 453.338, then there is a rebuttablepresumption that the cash is traceable to an exchange for a controlledsubstance and is subject to forfeiture pursuant to this subsection.

10. All firearms, as defined by NRS 202.253, which are in the actual or constructivepossession of a person who possesses or is consuming, manufacturing,transporting, selling or under the influence of any controlled substance inviolation of the provisions of NRS 453.011to 453.552, inclusive, or a law of anyother 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 aperson who owns, operates, controls, profits from or is employed or paid by anillegal Internet pharmacy and who violates the provisions of NRS 453.3611 to 453.3648, inclusive, or a law of any otherjurisdiction 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 Forfeitureof real property or mobile home: Notices to owner.

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

2. Whenever a person is convicted of violating any ofthe provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, and real property or a mobilehome occupied by him as a tenant has been used to facilitate the violation, theprosecuting attorney responsible for the case shall cause to be delivered to theowner 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, returnreceipt requested, to the owner at his last known address;

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

(d) Identify the tenant involved and the offense forwhich he has been arrested or convicted; and

(e) Advise the owner that:

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

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

(3) In any proceeding for forfeiture based uponsuch a violation he will, by reason of the notice, be deemed to have known ofand 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 ofsummary eviction to facilitate his recovery of the property or mobile home uponsuch a violation and provide for the recovery of any reasonable attorneys feeshe incurs in doing so.

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

5. As used in this section, tenant means any personentitled under a written or oral rental agreement to occupy real property or amobile home to the exclusion of others.

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

NRS 453.311 Controlledsubstances; plants; seizure and forfeiture.

1. Controlled substances listed in schedule I:

(a) That are possessed, transferred, sold or offeredfor sale in violation of the provisions of NRS453.011 to 453.552, inclusive, arecontraband and must be seized and summarily forfeited to the State.

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

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

3. The failure, upon demand by the Division or otherlaw enforcement agency, or the authorized agent of either, of the person inoccupancy or in control of land or premises upon which the species of plantsare growing or being stored, to produce an appropriate registration, or proofthat he is the holder thereof, constitutes authority for the seizure andforfeiture of the plants.

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

Offenses and Penalties

NRS 453.316 Openingor maintaining of place for unlawful sale, gift or use of controlled substanceprohibited; penalties; prohibition against probation or suspension of sentencefor certain repeat offenders.

1. A person who opens or maintains any place for thepurpose of unlawfully selling, giving away or using any controlled substance isguilty of a category B felony and shall be punished by imprisonment in thestate prison for a minimum term of not less than 1 year and a maximum term ofnot 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 haspreviously been convicted of violating this section, or if, in the case of afirst conviction of violating this section, he has been convicted of an offenseunder 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, he isguilty of a category B felony and shall be punished by imprisonment in thestate prison for a minimum term of not less than 2 years and a maximum term ofnot 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 aperson convicted of violating this section if he has been previously convictedunder this section or of any other offense described in this subsection.

3. This section does not apply to any rehabilitationclinic established or licensed by the Health Division 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 counterfeitsubstance unlawful; penalties; prohibition against probation or suspension ofsentence for certain repeat offenders.

1. Except asauthorized by the provisions of NRS 453.011to 453.552, inclusive, it is unlawfulfor a person to:

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

(b) Manufactureor compound a counterfeit substance; or

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

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

(a) For the first offense, by imprisonment in the stateprison for a minimum term of not less than 1 year and a maximum term of notmore 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 firstconviction under this subsection, the offender has previously been convicted ofan offense under this section or of any offense under the laws of the UnitedStates or any state, territory or district which, if committed in this State,would amount to an offense under this section, by imprisonment in the stateprison for a minimum term of not less than 2 years and a maximum term of notmore 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 theoffender has previously been convicted two or more times under this section orof any offense under the laws of the United States or any state, territory ordistrict which, if committed in this State, would amount to an offense underthis section, by imprisonment in the state prison for a minimum term of notless than 3 years and a maximum term of not more than 15 years, and may befurther punished by a fine of not more than $20,000 for each offense.

3. The court shall not grant probation to or suspendthe sentence of a person convicted under subsection 2 and punishable pursuantto 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, he shallbe punished:

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

(b) For a second offense, or if, in the case of a firstconviction of violating this subsection, the offender has previously been convictedof violating this section or of any offense under the laws of the United Statesor any state, territory or district which, if committed in this State, wouldamount to a violation of this section, for a category B felony by imprisonmentin the state prison for a minimum term of not less than 2 years and a maximumterm of not more than 10 years, and may be further punished by a fine of notmore than $15,000.

(c) For a third or subsequent offense, or if theoffender has previously been convicted two or more times of violating thissection 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 aviolation of this section, for a category B felony by imprisonment in the stateprison for a minimum term of not less than 3 years and a maximum term of notmore 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 suspendthe sentence of a person convicted under subsection 4 and punishable pursuantto 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 orcompounding of certain controlled substances unlawful; penalty; prohibitionagainst probation of offenders.

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

(a) Manufacture or compound a controlled substanceother than marijuana.

(b) Possess, with the intent to manufacture or compounda controlled substance other than marijuana:

(1) Any chemical identified in subsection 4; or

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

Theprovisions of this paragraph do not apply to a person who, without the intentto commit an unlawful act, possesses any chemical at a laboratory that islicensed to store the chemical.

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

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

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

4. The following chemicals are identified for thepurposes 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 ofisomers.

(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 ofisomers.

(n) Ethyl ether.

(o) Gamma butyrolactone.

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

(q) Hydrochloric gas.

(r) Iodine.

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

(t) Methylamine, its salts, isomers and salts ofisomers.

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

(v) N-Methylephedrine, its salts, isomers and salts ofisomers.

(w) Methyl isobutyl ketone (MIBK).

(x) N-Methylpseudoephedrine, its salts, isomers andsalts of isomers.

(y) Nitroethane, its salts, isomers and salts ofisomers.

(z) Norpseudoephedrine, its salts, isomers and salts ofisomers.

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

(bb) Phenylpropanolamine, its salts, isomers and saltsof isomers.

(cc) Piperidine and its salts.

(dd) Piperonal, its salts, isomers and salts ofisomers.

(ee) Potassium permanganate.

(ff) Propionic anhydride, its salts, isomers and saltsof isomers.

(gg) Pseudoephedrine, its salts, isomers and salts ofisomers.

(hh) Red phosphorous.

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

(jj) Sulfuric acid.

(kk) Toluene.

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

NRS 453.326 Unlawfulacts relating to recordkeeping, inspections and knowingly keeping or maintainingplace 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 anyrecord, notification, order form, statement, invoice or information requiredunder the provisions of NRS 453.011 to 453.552, inclusive;

(b) To refuse an entry into any premises for anyinspection authorized by the provisions of NRS453.011 to 453.552, inclusive; or

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

2. A person who violates this section is guilty of acategory 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 Unlawfulacts relating to distribution of certain controlled substances by registrants,use of unauthorized registration number and possession of signed blankprescription forms; certain fraudulent acts prohibited; penalty.

1. It is unlawful for a person knowingly orintentionally to:

(a) Distribute as a registrant a controlled substanceclassified in schedule I or II, except pursuant to an order form as required byNRS 453.251;

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

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

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

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

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

(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 anylikeness of any of the foregoing upon any drug or container or labeling thereofso as to render the drug a counterfeit substance;

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

(i) Make a false representation to a pharmacist for thepurpose of obtaining a controlled substance for which a prescription isrequired.

2. A person who violates this section is guilty of acategory 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 Unlawfulacts relating to imitation controlled substances; penalties.

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

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

3. A person who is 18 years of age or older whodistributes or sells an imitation controlled substance to a person who is underthe age of 18 years is guilty of a category C felony and shall be punished asprovided in NRS 193.130. In addition toany other penalty, the court may order the convicted person to pay restitutionfor any reasonable costs incurred for the participation of the person to whomhe distributed or sold the imitation controlled substance in a program for thetreatment of the abuse of controlled substances. If the court orders theconvicted person to make such restitution, the court shall notify the parent,guardian or other person legally responsible for the person to whom theimitation controlled substance was distributed or sold that such restitutionhas been ordered.

4. A person who:

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

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

is guilty ofa gross misdemeanor upon his first and second convictions, and upon a third orany further conviction, is guilty of a category C felony and shall be punishedas provided in NRS 193.130.

5. For the purposes of this section:

(a) Distribute means the actual, constructive orattempted transfer, delivery or dispensing to another of an imitationcontrolled substance.

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

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

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

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

(II) Statements made by the defendantregarding the recipients ability to resell the substance at a substantiallyhigher price than is customary for the substance.

(III) Whether the substance is packaged ina 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 useas a placebo by a practitioner in the course of his professional practice orresearch.

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

NRS 453.3325 Unlawfulto allow child to be present during commission of certain violations whichinvolve controlled substances other than marijuana; penalties; probation orsuspended sentence prohibited.

1. A person shall not intentionally allow a child tobe present in any conveyance or upon any premises wherein a controlledsubstance other than marijuana:

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

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

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

2. Unless a greater penalty is provided by specificstatute:

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

(1) If the violation does not proximately causesubstantial bodily harm or death to the child, is guilty of a category C felonyand shall be punished as provided in NRS193.130.

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

(3) If the violation proximately causes thedeath of the child, is guilty of murder, which is a category A felony, andshall 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 causesubstantial bodily harm or death to the child, is guilty of a category B felonyand shall be punished by imprisonment in the state prison for a minimum term ofnot less than 3 years and a maximum term of not more than 15 years, and shallbe further punished by a fine of not more than $10,000.

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

(3) If the violation proximately causes thedeath of the child, is guilty of murder, which is a category A felony, andshall 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 causesubstantial bodily harm or death to the child, is guilty of a category B felonyand shall be punished by imprisonment in the state prison for a minimum term ofnot less than 5 years and a maximum term of not more than 20 years, and shallbe further punished by a fine of not more than $15,000.

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

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

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

and shall befurther punished by a fine of not more than $50,000.

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

3. Except as otherwise provided in NRS 453.3363, the court shall not grantprobation to or suspend the sentence of a person convicted pursuant to thissection.

4. As used in this section:

(a) Child means a person who is less than 18 years ofage.

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

(c) Premises means any temporary or permanentstructure, 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 whetherinhabited or not.

(Added to NRS by 2005, 1056)

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

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

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

1. Except as otherwise providedin NRS 193.169, a defendant who is foundguilty of violating NRS 453.321 or 453.333 where:

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

(b) The defendant was in the presence of the injuredperson when he manifested an adverse physical reaction to the controlledsubstance; and

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

shall bepunished by imprisonment in the state prison for a term equal to and inaddition to the term of imprisonment prescribed by statute for the crime. Thesentence prescribed by this section runs consecutively with the sentenceprescribed by statute for the crime.

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

(Added to NRS by 2003, 871)

NRS 453.334 Penaltyfor 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 ofselling a controlled substance to a minor in violation of this chapter isguilty of a category A felony and shall be punished for a second or subsequentviolation by imprisonment in the state prison:

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

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

and may befurther punished by a fine of not more than $20,000. In addition to any otherpenalty, the court may order a person who is 18 years of age or older who isconvicted of selling a controlled substance to a minor in violation of thischapter to pay restitution for any reasonable costs incurred for theparticipation of the minor in a program for the treatment of the abuse ofcontrolled substances. If the court orders the convicted person to make suchrestitution, the court shall notify the parent, guardian or other personlegally responsible for the minor that such restitution has been ordered.

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

NRS 453.3345 Additionalpenalty for commission of certain violations at or near school, school busstop, recreational facilities for minors or public park.

1. Unless agreater penalty is provided in NRS 453.333or 453.334, and except as otherwiseprovided in NRS 193.169, any person whoviolates NRS 453.321 or 453.322:

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

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

(c) Within1,000 feet of the perimeter of such a school ground or campus, playground,park, pool, recreational center or arcade; or

(d) Within1,000 feet of a school bus stop from 1 hour before school begins until 1 hourafter school ends during scheduled school days,

must be punished by imprisonment inthe state prison for a term equal to and in addition to the term ofimprisonment prescribed by statute for the crime. The sentence prescribed bythis section runs consecutively with the sentence prescribed by statute for thecrime.

2. Thissection does not create a separate offense but provides an additional penaltyfor the primary offense, whose imposition is contingent upon the finding of theprescribed fact.

3. For thepurposes of this section:

(a) Playgroundmeans any outdoor facility, intended for recreation, open to the public and inany portion thereof containing one or more apparatus intended for therecreation of children, such as a sliding board, teeterboard, sandbox orswingset.

(b) Recreationalcenter for youths means a recreational facility or gymnasium which regularlyprovides athletic, civic or cultural activities for persons under 18 years ofage.

(c) Schoolbus has the meaning ascribed to it in NRS483.160.

(d) Video arcade means a facility legally accessibleto persons under 18 years of age, intended primarily for the use of pinball andvideo 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 Additionalpenalty for commission of certain violations which involve methamphetamineunder certain circumstances.

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

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

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

shall bepunished by imprisonment in the state prison for a term equal to and inaddition to the term of imprisonment prescribed by statute for the crime. Thesentence prescribed by this section runs consecutively with the sentenceprescribed by statute for the crime.

2. This section does not create a separate offense butprovides an additional penalty for the primary offense, whose imposition iscontingent 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 meaningascribed to it in NRS 453.3345.

(c) Residence means any house, room, apartment,tenement, manufactured home as defined in NRS489.113, or mobile home as defined in NRS489.120, that is designed or intended for occupancy.

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

NRS 453.3353 Additionaland alternative penalties for commission of certain violations which involvecontrolled substances other than marijuana and result in death or substantialbodily harm to another person.

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

(a) A person violates NRS453.322, 453.3385 or 453.3395, and the violation involves themanufacturing 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, anotherperson suffers substantial bodily harm other than death as the proximate resultof the manufacturing or compounding of the controlled substance,

the personwho committed the offense shall be punished by imprisonment in the state prisonfor a term equal to and in addition to the term of imprisonment prescribed bystatute for the offense. The sentence prescribed by this subsection runsconsecutively with the sentence prescribed by statute for the offense.

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

(a) A person violates NRS453.322, 453.3385 or 453.3395, and the violation involves themanufacturing 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, anotherperson suffers death as the proximate result of the manufacturing orcompounding of the controlled substance,

the offenseshall be deemed a category A felony and the person who committed the offenseshall 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 beenserved; or

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

3. Subsection 1 does not create a separate offense butprovides an additional penalty for the primary offense, the imposition of whichis contingent upon the finding of the prescribed fact. Subsection 2 does notcreate a separate offense but provides an alternative penalty for the primaryoffense, the imposition of which is contingent upon the finding of theprescribed 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, anyvessel, boat, vehicle, airplane, glider, house trailer, travel trailer, motorhome or railroad car,

whetherlocated aboveground or underground and whether inhabited or not.

(Added to NRS by 2005, 945)

NRS 453.336 Unlawfulpossession not for purpose of sale: Prohibition; penalties.

1. A person shall not knowingly or intentionallypossess a controlled substance, unless the substance was obtained directlyfrom, or pursuant to, a prescription or order of a physician, osteopathicphysicians assistant, physician assistant, dentist, podiatric physician,optometrist, advanced practitioner of nursing or veterinarian while acting inthe course of his professional practice, or except as otherwise authorized bythe provisions of NRS 453.005 to 453.552, inclusive.

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

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

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

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

(d) For a second or subsequent offense, if the controlledsubstance 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 thepossession of flunitrazepam or gamma-hydroxybutyrate, or any substance forwhich flunitrazepam or gamma-hydroxybutyrate is an immediate precursor, isguilty of a category B felony and shall be punished by imprisonment in thestate prison for a minimum term of not less than 1 year and a maximum term ofnot more than 6 years.

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

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

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

(2) Examined by an approved facility for thetreatment of abuse of drugs to determine whether he is a drug addict and islikely to be rehabilitated through treatment and, if the examination revealsthat he 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 misdemeanorand shall be:

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

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

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

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

5. As used in this section, controlled substanceincludes flunitrazepam, gamma-hydroxybutyrate and each substance for whichflunitrazepam or gamma-hydroxybutyrate is an immediate precursor.

(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)

NRS 453.3361 Unlawfulpossession not for purpose of sale: Local ordinances adopting penalties forcertain similar offenses; allocation of fines collected for violation of localordinance.

1. A local authority may enact an ordinance adoptingthe penalties set forth for misdemeanors in NRS453.336 for similar offenses under a local ordinance. The ordinance mustset forth the manner in which money collected from fines imposed by a court fora violation of the ordinance must be disbursed in accordance with subsection 2.

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

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

(b) A program of treatment and rehabilitationestablished by a court pursuant to NRS453.580, if any; and

(c) Local law enforcement agencies,

in a mannerdetermined by the court.

3. As used in thissection, local authority means the governing board of a county, city or otherpolitical subdivision having authority to enact ordinances.

(Added to NRS by 2001, 3066)

NRS 453.3363 Suspensionof proceedings and probation of accused under certain conditions; effect ofdischarge and dismissal.

1. If a person who has not previously been convictedof any offense pursuant to NRS 453.011to 453.552, inclusive, or pursuant toany statute of the United States or of any state relating to narcotic drugs,marijuana, or stimulant, depressant or hallucinogenic substances tenders a pleaof guilty, nolo contendere or similar plea to a charge pursuant to subparagraph(1) of paragraph (a) of subsection 2 of NRS453.3325, subsection 2 or 3 of NRS453.336, NRS 453.411 or 454.351, or is found guilty of one of thosecharges, the court, without entering a judgment of conviction and with theconsent of the accused, may suspend further proceedings and place him onprobation upon terms and conditions that must include attendance and successfulcompletion of an educational program or, in the case of a person dependent upondrugs, of a program of treatment and rehabilitation pursuant to NRS 453.580.

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

3. Upon fulfillment of the terms and conditions, thecourt shall discharge the accused and dismiss the proceedings against him. Anonpublic record of the dismissal must be transmitted to and retained by theDivision of Parole and Probation of the Department of Public Safety solely forthe use of the courts in determining whether, in later proceedings, the personqualifies under this section.

4. Except as otherwise provided in subsection 5,discharge and dismissal under this section is without adjudication of guilt andis 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 forany other public or private purpose, but is a conviction for the purpose ofadditional penalties imposed for second or subsequent convictions or the settingof bail. Discharge and dismissal restores the person discharged, in thecontemplation of the law, to the status occupied before the arrest, indictmentor information. He may not be held thereafter under any law to be guilty ofperjury or otherwise giving a false statement by reason of failure to recite oracknowledge that arrest, indictment, information or trial in response to aninquiry made of him for any purpose. Discharge and dismissal under this sectionmay occur only once with respect to any person.

5. A professional licensing board may consider aproceeding under this section in determining suitability for a license orliability to discipline for misconduct. Such a board is entitled for thosepurposes to a truthful answer from the applicant or licensee concerning anysuch proceeding with respect to him.

(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)

NRS 453.3365 Sealingof record of person convicted of possession of controlled substance not forpurpose of sale; conditions.

1. Three years after a person is convicted andsentenced pursuant to subsection 3 of NRS453.336, the court may order sealed all documents, papers and exhibits inthat persons record, minute book entries and entries on dockets, and other documentsrelating to the case in the custody of such other agencies and officers as arenamed in the courts order, if the:

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

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

2. Except as limited by subsection 4, 3 years after anaccused is discharged from probation pursuant to NRS 453.3363, the court shall order sealedall documents, papers and exhibits in that persons record, minute book entriesand entries on dockets, and other documents relating to the case in the custodyof such other agencies and officers as are named in the courts order if theperson fulfills the terms and conditions imposed by the court and the Divisionof Parole and Probation of the Department of Public Safety. The court shallorder those records sealed without a hearing unless the Division of Parole andProbation petitions the court, for good cause shown, not to seal the recordsand requests a hearing thereon.

3. If the court orders sealed the record of a persondischarged pursuant to NRS 453.3363, itshall send a copy of the order to each agency or officer named in the order.Each such agency or officer shall notify the court in writing of its compliancewith the order.

4. A professional licensing board is entitled, for thepurpose of determining suitability for a license or liability to discipline formisconduct, to inspect and to copy from a record sealed pursuant to thissection.

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

NRS 453.337 Unlawfulpossession for sale of flunitrazepam, gamma-hydroxybutyrate and schedule I orII substances; penalties.

1. Except as otherwise authorized by the provisions ofNRS 453.011 to 453.552, inclusive, it is unlawful for aperson to possess for the purpose of sale flunitrazepam, gamma-hydroxybutyrate,any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediateprecursor 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 thissection shall be punished:

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

(b) For a second offense, or if, in the case of a firstconviction of violating this section, the offender has previously beenconvicted of a felony under the Uniform Controlled Substances Act or of anoffense under the laws of the United States or any state, territory or districtwhich, if committed in this State, would amount to a felony under the UniformControlled Substances Act, for a category C felony as provided in NRS 193.130.

(c) For a third or subsequent offense, or if theoffender has previously been convicted two or more times of a felony under theUniform Controlled Substances Act or of any offense under the laws of theUnited States or any state, territory or district which, if committed in thisState, 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 termof not less than 3 years and a maximum term of not more than 15 years, and maybe further punished by a fine of not more than $20,000 for each offense.

3. The court shall not grant probation to or suspendthe sentence of a person convicted of violating this section and punishablepursuant 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 Unlawfulpossession 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 aperson to possess for the purpose of sale any controlled substance classifiedin 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 Dfelony as provided in NRS 193.130, andmay be further punished by a fine of not more than $10,000.

(b) For a third or subsequent offense, or if theoffender has been previously convicted two or more times of a felony under theUniform Controlled Substances Act or of any offense under the laws of theUnited States or any state, territory or district which, if committed in thisState, would amount to a felony under the Uniform Controlled Substances Act,for a category C felony as provided in NRS193.130.

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

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

NRS 453.3383 Determinationof weight of controlled substance for purposes of NRS 453.3385,453.339and 453.3395. For the purposes of NRS453.3385, 453.339 and 453.3395, the weight of the controlledsubstance as represented by the person selling or delivering it isdeterminative if the weight as represented is greater than the actual weight ofthe controlled substance.

(Added to NRS by 1985, 159)

NRS 453.3385 Traffickingin controlled substances: Flunitrazepam, gamma-hydroxybutyrate and schedule Isubstances, except marijuana. Except asotherwise authorized by the provisions of NRS453.011 to 453.552, inclusive, aperson who knowingly or intentionally sells, manufactures, delivers or bringsinto this State or who is knowingly or intentionally in actual or constructivepossession of flunitrazepam, gamma-hydroxybutyrate, any substance for whichflunitrazepam or gamma-hydroxybutyrate is an immediate precursor or anycontrolled substance which is listed in schedule I, except marijuana, or anymixture which contains any such controlled substance, shall be punished, unlessa greater penalty is provided pursuant to NRS453.322, if the quantity involved:

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

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

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

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

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

and by afine of not more than $500,000.

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

NRS 453.339 Traffickingin controlled substances: Marijuana.

1. Except as otherwise provided in NRS 453.011 to 453.552, inclusive, a person who knowinglyor intentionally sells, manufactures, delivers or brings into this State or whois knowingly or intentionally in actual or constructive possession of marijuanashall 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 NRS193.130 and by a fine of not more than $25,000.

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

(c) Is 10,000 pounds or more, for a category A felonyby 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 beenserved; or

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

and by afine of not more than $200,000.

2. For the purposes of this section:

(a) Marijuana means all parts of any plant of thegenus Cannabis, whether growing or not.

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

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

NRS 453.3395 Traffickingin controlled substances: Schedule II substances. Exceptas otherwise provided in NRS 453.011 to 453.552, inclusive, a person who knowinglyor intentionally sells, manufactures, delivers or brings into this State or whois knowingly or intentionally in actual or constructive possession of anycontrolled substance which is listed in schedule II or any mixture whichcontains any such controlled substance shall be punished, unless a greaterpenalty is provided pursuant to NRS 453.322,if the quantity involved:

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

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

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

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

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

and by afine of not more than $250,000.

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

NRS 453.3405 Traffickingin controlled substances: Suspended sentence limited; eligibility for parole;reduction or suspension of sentence of person assisting in identification,arrest or conviction.

1. Except as provided in subsection 2, theadjudication of guilt and imposition of sentence of a person found guilty oftrafficking in a controlled substance in violation of NRS 453.3385, 453.339 or 453.3395 must not be suspended and theperson is not eligible for parole until he has actually served the mandatoryminimum term of imprisonment prescribed by the section under which he wasconvicted.

2. The judge, upon an appropriate motion, may reduceor suspend the sentence of any person convicted of violating any of theprovisions of NRS 453.3385, 453.339 or 453.3395 if he finds that the convictedperson rendered substantial assistance in the identification, arrest orconviction of any of his accomplices, accessories, coconspirators or principalsor of any other person involved in trafficking in a controlled substance inviolation of NRS 453.3385, 453.339 or 453.3395. The arresting agency must begiven an opportunity to be heard before the motion is granted. Upon good causeshown, the motion may be heard in camera.

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

NRS 453.341 Prosecutionor proceeding under prior law unaffected.

1. Prosecution for any violation of law occurringbefore January 1, 1972, is not affected or abated by the provisions of NRS 453.011 to 453.552, inclusive. If the offense beingprosecuted is similar to one set out in NRS453.321 to 453.552, inclusive, thenthe penalties under NRS 453.321 to 453.552, inclusive, apply if they are lessthan those under prior law.

2. Civil seizures or forfeitures and injunctiveproceedings commenced before January 1, 1972, are not affected by theprovisions of NRS 453.011 to 453.552, inclusive.

3. All administrative proceedings pending under priorlaws which are superseded by NRS 453.011to 453.552, inclusive, must be continuedand brought to a final determination in accord with the laws and rules ineffect before January 1, 1972. Any substance controlled under prior law whichis not listed within schedules I to V, inclusive, is automatically controlledwithout further proceedings and must be listed in the appropriate schedule.

4. The Board shall initially permit persons toregister who own or operate any establishment engaged in the dispensing of anycontrolled substance before January 1, 1972, and who are registered or licensedby the State.

5. NRS 453.011to 453.552, inclusive, apply toviolations of law, seizures and forfeiture, injunctive proceedings,administrative proceedings and investigations which occur on or after January1, 1972.

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

NRS 453.346 Effectof conviction or acquittal under federal or other state laws.

1. If a violation of NRS453.011 to 453.552, inclusive, is aviolation of a federal law or the law of another state, a conviction oracquittal under federal law or the law of another state for the same act is abar to prosecution in this State.

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

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

NRS 453.348 Previousconvictions. 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 theoffender for a felony relating to controlled substances must be alleged in theindictment or information charging the primary offense, but the conviction maynot be alluded to on the trial of the primary offense nor may any evidence ofthe previous offense be produced in the presence of the jury except asotherwise prescribed by law. If the offender pleads guilty to or is convictedof the primary offense but denies any previous conviction charged, the courtshall determine the issue after hearing all relevant evidence. A certified copyof 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)

ILLEGAL INTERNET PHARMACIES

NRS 453.3611 Definitions. As used in NRS453.3611 to 453.3648, inclusive,unless the context otherwise requires, the words and terms defined in NRS 453.3615 to 453.3628, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 2001, 1052)

NRS 453.3615 Dangerousdrug defined. Dangerous drug has themeaning ascribed to it in NRS 454.201.

(Added to NRS by 2001, 1052)

NRS 453.3618 IllegalInternet pharmacy defined.

1. Illegal Internet pharmacy means a person locatedwithin or outside this State who is not licensed and certified by the Boardpursuant to chapter 639 of NRS to engage inthe practice of pharmacy via the Internet and who knowingly:

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

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

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

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

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

(Added to NRS by 2001, 1052)

NRS 453.3621 Imitationcontrolled substance defined. Imitation controlledsubstance has the meaning ascribed to it in NRS453.332.

(Added to NRS by 2001, 1052)

NRS 453.3625 Internetdefined.

1. Internet means:

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

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

2. The term includes, without limitation:

(a) A website or other similar site on the World WideWeb;

(b) A site that is identifiable through a UniformResource 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 Prescriptiondrug defined. Prescription drug means:

1. A controlled substance or dangerous drug that maybe dispensed to an ultimate user only pursuant to a lawful prescription; and

2. Any other substance or drug substituted for such acontrolled substance or dangerous drug.

(Added to NRS by 2001, 1053)

NRS 453.3633 Circumstancesunder which person has reasonable cause to believe. Forthe purposes of NRS 453.3611 to 453.3648, inclusive, a person hasreasonable cause to believe if, in light of all the surrounding facts andcircumstances which are known or which reasonably should be known to the personat the time, a reasonable person would believe, under those facts andcircumstances, 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 aperson who is:

(a) A common or contract carrier or warehouseman, or anemployee thereof, unless the person is acting outside of the usual course ofhis business or employment and knows or has reasonable cause to believe thatthe 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 theact or transaction is unlawful.

2. The provisions of NRS 453.3611 to 453.3648, inclusive, do not prohibit aperson from filling or refilling a prescription for a prescription drug duringthe period in which the prescription is valid pursuant to NRS 453.256 if the person is otherwiseauthorized by the provisions of NRS 453.011to 453.552, inclusive, to dispense ordistribute the prescription drug.

(Added to NRS by 2001, 1053; A 2003, 558)

NRS 453.3638 Unlawfulacts relating to filling or refilling prescription or delivering certainsubstances or drugs; aiding unlawful act prohibited; penalties; multiplepunishments authorized.

1. A person who is located within this State and whoowns, operates, controls, profits from or is employed or paid by an illegalInternet pharmacy shall not:

(a) Fill or refill a prescription for a prescriptiondrug for another person located within or outside this State; or

(b) Deliver or cause, allow or aid in the delivery of acontrolled substance, imitation controlled substance, counterfeit substance orprescription drug to another person located within or outside this State.

2. A person who is located outside this State, whoowns, operates, controls, profits from or is employed or paid by an illegalInternet pharmacy and who knows or has reasonable cause to believe that anotherperson is located within this State shall not:

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

(b) Deliver or cause, allow or aid in the delivery of acontrolled substance, imitation controlled substance, counterfeit substance orprescription drug to the other person.

3. A person shall not knowingly aid another person inany act or transaction that violates the provisions of this section.

4. Except as otherwise provided in subsection 5, aperson who violates the provisions of this section is guilty of a category Cfelony and shall be punished as provided in NRS193.130.

5. A person who violates the provisions of thissection is guilty of a category B felony and shall be punished by imprisonmentin the state prison for a minimum term of not less than 3 years and a maximumterm of not more than 15 years, and may be further punished by a fine of notmore than $100,000, if the substance or drug involved:

(a) Is classified in schedule I; or

(b) Proximately causes substantial bodily harm to orthe death of the intended recipient of the substance or drug or any otherperson.

6. The court shall not grant probation to or suspendthe sentence of a person punished pursuant to subsection 5.

7. A person may be prosecuted, convicted and punishedfor 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 sameact or transaction.

(Added to NRS by 2001, 1053)

NRS 453.3639 Unlawfulacts relating to filling or refilling prescription via Internet; exception;aiding unlawful act prohibited; penalties; multiple punishments authorized.

1. Except as otherwise provided in subsection 3, aperson 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 theprescription is being filled or refilled for a person in this State; and

(b) The prescription drug has not been lawfullyimported into the United States.

2. Except as otherwise provided in subsection 3, aperson 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 theprescription is being filled or refilled for a person in this State; and

(b) The prescription was not delivered to the person inaccordance with all applicable state and federal laws, regulations andstandards.

3. The provisions of this section do not prohibit aCanadian pharmacy which is licensed by the Board and which has been recommendedby the Board pursuant to subsection 4 of NRS639.2328 for inclusion on the Internet website established and maintainedpursuant to subsection 9 of NRS 223.560from providing prescription drugs through mail order service to residents ofNevada in the manner set forth in NRS639.2328 to 639.23286, inclusive.

4. A person shall not knowingly aid another person inany act or transaction that violates any provision of this section.

5. Except as otherwise provided in subsection 6, aperson who violates any provision of this section is guilty of a category Cfelony and shall be punished as provided in NRS193.130.

6. A person who violates any provision of this sectionis guilty of a category B felony and shall be punished by imprisonment in thestate prison for a minimum term of not less than 3 years and a maximum term ofnot 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 orthe death of the intended recipient of the substance or drug or any otherperson.

7. The court shall not grant probation to or suspendthe sentence of a person punished pursuant to subsection 6.

8. A person may be prosecuted, convicted and punishedfor a violation of this section whether or not the person is prosecuted,convicted or punished for violating any other specific statute based upon thesame act or transaction.

(Added to NRS by 2003, 550; A 2005, 22ndSpecial Session, 157)

NRS 453.3643 Unlawfulacts relating to issuance of prescription; circumstances under whichpractitioner or person licensed by another jurisdiction is prohibited fromprescribing prescription drug; aiding unlawful act prohibited; penalties;multiple punishments authorized.

1. A practitioner who is located within this Stateshall not prescribe a prescription drug for another person located within oroutside this State if:

(a) The practitioner has not physically examined theother person within the 6 months immediately preceding the date on which theprescription is issued; and

(b) The practitioner knows or has reasonable cause tobelieve that an illegal Internet pharmacy will fill the prescription orotherwise use the prescription to deliver or cause, allow or aid in thedelivery of the prescription drug to the other person.

2. A practitioner who is located outside this Stateand who knows or has reasonable cause to believe that another person is locatedwithin this State shall not prescribe a prescription drug for the other personif:

(a) The practitioner has not physically examined theother person within the 6 months immediately preceding the date on which theprescription is issued; and

(b) The practitioner knows or has reasonable cause tobelieve that an illegal Internet pharmacy will fill the prescription orotherwise use the prescription to deliver or cause, allow or aid in thedelivery of the prescription drug to the other person.

3. A person who is located outside this State, who islicensed by another jurisdiction to prescribe prescription drugs and who knowsor has reasonable cause to believe that another person is located within thisState shall not prescribe a prescription drug for the other person if:

(a) The person has not physically examined the otherperson within the 6 months immediately preceding the date on which theprescription is issued; and

(b) The person knows or has reasonable cause to believethat an illegal Internet pharmacy will fill the prescription or otherwise usethe prescription to deliver or cause, allow or aid in the delivery of theprescription drug to the other person.

4. A person shall not knowingly aid another person inany act or transaction that violates the provisions of this section.

5. Except as otherwise provided in subsection 6, apractitioner or any other person who violates the provisions of this section isguilty of a category C felony and shall be punished as provided in NRS 193.130.

6. A practitioner or any other person who violates theprovisions of this section is guilty of a category B felony and shall bepunished by imprisonment in the state prison for a minimum term of not lessthan 3 years and a maximum term of not more than 15 years, and may be furtherpunished by a fine of not more than $100,000, if the substance or druginvolved:

(a) Is classified in schedule I; or

(b) Proximately causes substantial bodily harm to orthe death of the intended recipient of the substance or drug or any otherperson.

7. The court shall not grant probation to or suspendthe sentence of a practitioner or any other person punished pursuant tosubsection 6.

8. A practitioner or any other person may beprosecuted, convicted and punished for a violation of this section whether ornot the practitioner or person is prosecuted, convicted or punished forviolating any other specific statute based upon the same act or transaction.

(Added to NRS by 2001, 1054)

NRS 453.3648 Concurrentjurisdiction of Attorney General and district attorneys to prosecuteviolations.

1. The Attorney General has concurrent jurisdictionwith the district attorneys of this State for the enforcement of the provisionsof NRS 453.3611 to 453.3648, inclusive.

2. The Attorney General may investigate and prosecutea practitioner or any other person who violates the provisions of:

(a) NRS 453.3611to 453.3648, inclusive; and

(b) Any other statute if the violation is committed bythe practitioner or person in the course of committing a violation described inparagraph (a).

3. When acting pursuant to this section, the AttorneyGeneral may commence his investigation and file a criminal action without leaveof court, and the Attorney General has exclusive charge of the conduct of theprosecution.

(Added to NRS by 2001, 1055; A 2003, 558)

FURTHER REGULATION AND PROHIBITIONS

NRS 453.371 Definitions. As used in NRS 453.371to 453.552, inclusive:

1. Advanced practitioner of nursing means a personwho holds a certificate of recognition granted pursuant to NRS 632.237 and is registered with theBoard.

2. Medical intern means a medical graduate acting asan assistant in a hospital for the purpose of clinical training.

3. Pharmacist means a person who holds a certificateof registration issued pursuant to NRS639.127 and is registered with the Board.

4. Physician, dentist, podiatric physician,veterinarian and euthanasia technician mean persons authorized by a licenseto practice their respective professions in this State who are registered withthe Board.

5. Physician assistant means a person who isregistered with the Board and:

(a) Holds a license issued pursuant to NRS 630.273; or

(b) Holds a certificate issued pursuant to NRS 633.451.

(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)

NRS 453.375 Authorityto possess and administer controlled substances. Acontrolled substance may be possessed and administered by the followingpersons:

1. A practitioner.

2. A registered nurse licensed to practiceprofessional nursing or licensed practical nurse, at the direction of a physician,physician assistant, dentist, podiatric physician or advanced practitioner ofnursing, or pursuant to a chart order, for administration to a patient atanother location.

3. An advanced emergency medical technician:

(a) As authorized by regulation of:

(1) The State Board of Health in a county whosepopulation is less than 100,000; or

(2) A county or district board of health in acounty 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 whosepopulation is less than 100,000;

(2) A county board of health in a county whosepopulation is 100,000 or more; or

(3) A district board of health created pursuantto NRS 439.362 or 439.370 in any county.

4. A respiratory therapist, at the direction ofa physician or physician assistant.

5. A medical student, student in training to become aphysician assistant or student nurse in the course of his studies at anapproved college of medicine or school of professional or practical nursing, atthe direction of a physician or physician assistant and:

(a) In the presence of a physician, physician assistantor a registered nurse; or

(b) Under the supervision of a physician, physicianassistant or a registered nurse if the student is authorized by the college orschool to administer the substance outside the presence of a physician,physician assistant or nurse.

A medicalstudent or student nurse may administer a controlled substance in the presenceor under the supervision of a registered nurse alone only if the circumstancesare such that the registered nurse would be authorized to administer it personally.

6. An ultimate user or any person whom theultimate user designates pursuant to a written agreement.

7. Any person designated by the head of acorrectional institution.

8. A veterinary technician at the direction ofhis supervising veterinarian.

9. In accordance with applicable regulations ofthe State Board of Health, an employee of a residential facility for groups, asdefined in NRS 449.017, pursuant to awritten agreement entered into by the ultimate user.

10. In accordance with applicable regulations of theState Board of Pharmacy, an animal control officer, a wildlife biologist or anemployee designated by a federal, state or local governmental agency whose dutiesinclude the control of domestic, wild and predatory animals.

11. A person who is enrolled in a training program tobecome an advanced emergency medical technician, respiratory therapist orveterinary technician if the person possesses and administers the controlledsubstance in the same manner and under the same conditions that apply,respectively, to an advanced emergency medical technician, respiratorytherapist or veterinary technician who may possess and administer thecontrolled substance, and under the direct supervision of a person licensed orregistered to perform the respective medical art or a supervisor of such aperson.

(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)

NRS 453.377 Authorityto dispense controlled substances. Acontrolled substance may be dispensed by:

1. A registered pharmacist upon a legal prescriptionfrom a practitioner or to a pharmacy in a correctional institution upon thewritten order of the prescribing practitioner in charge.

2. A pharmacy in a correctional institution, in caseof emergency, upon a written order signed by the chief medical officer.

3. A practitioner.

4. A registered nurse, when the state, county, city ordistrict health officer has declared a state of emergency.

5. A medical intern in the course of his internship.

6. A pharmacy in an institution of the Department ofCorrections to a person designated by the Director of the Department ofCorrections to administer a lethal injection to a person who has been sentencedto death.

7. A registered pharmacist from an institutionalpharmacy, 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 Limitationson prescribing, possessing, administering, transporting and dispensingcontrolled 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 practitioner of nursing or podiatricphysician may prescribe or administer controlled substances only for alegitimate medical purpose and in the usual course of his professionalpractice, and he shall not prescribe, administer or dispense a controlledsubstance listed in schedule II for himself, his spouse or his children exceptin cases of emergency.

2. A veterinarian, in the course of his professionalpractice only, and not for use by a human being, may prescribe, possess andadminister controlled substances, and he may cause them to be administered by aveterinary technician under his direction and supervision.

3. A euthanasia technician, within the scope of hislicense, and not for use by a human being, may possess and administer sodiumpentobarbital.

4. A pharmacist shall not fill an order which purportsto be a prescription if he has reason to believe that it was not issued in theusual course of the professional practice of a physician, physician assistant,dentist, advanced practitioner of nursing, podiatric physician or veterinarian.

5. Any person who has obtained from a physician,physician assistant, dentist, advanced practitioner of nursing, podiatricphysician or veterinarian any controlled substance for administration to apatient during the absence of the physician, physician assistant, dentist,advanced practitioner of nursing, podiatric physician or veterinarian shallreturn to him any unused portion of the substance when it is no longer requiredby the patient.

6. A manufacturer, wholesale supplier or other personlegally able to furnish or sell any controlled substance listed in schedule IIshall not provide samples of such a controlled substance to registrants.

7. A salesman of any manufacturer or wholesaler ofpharmaceuticals shall not possess, transport or furnish any controlledsubstance listed in schedule II.

8. A person shall not dispense a controlled substancein 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)

NRS 453.385 Adoptionof regulations governing prescriptions for controlled substances; compliancewith federal law.

1. Each prescription for a controlled substance mustcomply 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 acontrolled substance. The requirements may vary depending upon the schedule ofthe controlled substance.

(b) Transmitting a prescription for a controlledsubstance to a pharmacy. The requirements may vary depending upon the scheduleof the controlled substance.

(c) The form and contents of an order for a controlledsubstance given for a patient in a medical facility and the requirements forkeeping records of such orders.

3. Except as otherwise provided in this subsection,the regulations adopted pursuant to subsection 2 must ensure compliance with,but may be more stringent than required by, applicable federal law governingcontrolled substances and the rules, regulations and orders of any federal agencyadministering such law. The regulations adopted pursuant to paragraph (b) ofsubsection 2 for the electronic transmission or transmission by a facsimilemachine of a prescription for a controlled substance must not be more stringentthan federal law governing the electronic transmission or transmission by afacsimile machine of a prescription for a controlled substance or the rules,regulations or orders of any federal agency administering such law.

(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)

NRS 453.391 Unlawfultaking or obtaining of controlled substance or prescription. A person shall not:

1. Unlawfully take, obtain or attempt to take orobtain a controlled substance or a prescription for a controlled substance froma manufacturer, wholesaler, pharmacist, physician, physician assistant,dentist, advanced practitioner of nursing, veterinarian or any other personauthorized to administer, dispense or possess controlled substances.

2. While undergoing treatment and being supplied withany controlled substance or a prescription for any controlled substance fromone practitioner, knowingly obtain any controlled substance or a prescriptionfor a controlled substance from another practitioner without disclosing thisfact 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)

NRS 453.401 Penaltiesfor conspiracy.

1. Except as otherwise provided in subsections 3 and4, if two or more persons conspire to commit an offense which is a felony underthe Uniform Controlled Substances Act or conspire to defraud the State ofNevada or an agency of the State in connection with its enforcement of the UniformControlled Substances Act, and one of the conspirators does an act infurtherance of the conspiracy, each conspirator:

(a) For a first offense, is guilty of a category Cfelony and shall be punished as provided in NRS193.130.

(b) For a second offense, or if, in the case of a firstconviction of violating this subsection, the conspirator has previously beenconvicted of a felony under the Uniform Controlled Substances Act or of an offenseunder the laws of the United States or of any state, territory or districtwhich if committed in this State, would amount to a felony under the UniformControlled Substances Act, is guilty of a category B felony and shall bepunished by imprisonment in the state prison for a minimum term of not lessthan 2 years and a maximum term of not more than 10 years, and may be furtherpunished by a fine of not more than $10,000.

(c) For a third or subsequent offense, or if theconspirator has previously been convicted two or more times of a felony underthe Uniform Controlled Substances Act or of an offense under the laws of theUnited States or any state, territory or district which, if committed in thisState, would amount to a felony under the Uniform Controlled Substances Act, isguilty of a category B felony and shall be punished by imprisonment in thestate prison for a minimum term of not less than 3 years and a maximum term ofnot 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, iftwo or more persons conspire to commit an offense in violation of the UniformControlled Substances Act and the offense does not constitute a felony, and oneof the conspirators does an act in furtherance of the conspiracy, eachconspirator shall be punished by imprisonment, or by imprisonment and fine, fornot more than the maximum punishment provided for the offense which theyconspired to commit.

3. If two or more persons conspire to possess morethan 1 ounce of marijuana unlawfully, except for the purpose of sale, and oneof the conspirators does an act in furtherance of the conspiracy, eachconspirator is guilty of a gross misdemeanor.

4. If the conspiracy subjects the conspirators tocriminal 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 suspendthe sentence of a person convicted of violating this section and punishablepursuant 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 Unlawfuluse of controlled substance; penalties.

1. It is unlawful for a person knowingly to use or beunder the influence of a controlled substance except in accordance with alawfully issued prescription.

2. It is unlawful for a person knowingly to use or beunder the influence of a controlled substance except when administered to theperson at a rehabilitation clinic established or licensed by the HealthDivision 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 sectionshall be punished:

(a) If the controlled substance is listed in scheduleI, II, III or IV, for a category E felony as provided in NRS 193.130.

(b) If the controlled substance is listed in scheduleV, by imprisonment in the county jail for not more than 1 year, and may befurther 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)

NRS 453.421 Penaltyfor 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 categoryC felony and shall be punished as provided in NRS193.130.

(Added to NRS by 1971, 2023; A 1977, 1416; 1979,1475; 1995, 1291)

NRS 453.431 Unlawfulacts relating to filling and refilling prescriptions and obtaining controlledsubstance or prescription; authorization to request proper identification fromperson requesting controlled substance.

1. A pharmacist shall not knowingly fill or refill anyprescription for a controlled substance for use by a person other than theperson for whom the prescription was originally issued.

2. A person shall not furnish a false name or addresswhile attempting to obtain a controlled substance or a prescription for acontrolled substance. A person prescribing, administering or dispensing acontrolled substance may request proper identification from a person requestingcontrolled substances.

3. A pharmacist shall not fill a prescription for acontrolled substance if the prescription shows evidence of alteration, erasureor addition, unless he obtains approval of the practitioner who issued theprescription.

4. A pharmacist shall not fill a prescription for acontrolled substance classified in schedule II unless it is tendered on orbefore the 14th day after the date of issue. This subsection does not prohibita practitioner from issuing a prescription on which he indicates that theprescription may not be filled until the date indicated on the prescription,which must not be later than 6 months after the date the prescription isissued.

5. A person who violates this section is guilty of acategory 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 Controlledsubstance for which prescription is not required: Violation of regulation bypharmacist; misrepresentation to pharmacist to obtain controlled substance;penalties.

1. Any pharmacist who violates any regulation of theBoard regulating the dispensing of a controlled substance for which aprescription is not required is guilty of a gross misdemeanor.

2. Any person who knowingly or intentionally makes afalse representation to a pharmacist for the purpose of obtaining a controlledsubstance for which a prescription is not required is guilty of a grossmisdemeanor.

(Added to NRS by 1985, 886)

NRS 453.521 Unlawfulpossession or sale of nasal inhaler; exception. Itis unlawful for any person within this State to possess, sell, offer to sell orhold for the purpose of sale or resale any nasal inhaler which contains anycontrolled substance capable of causing stimulation to the central nervoussystem unless:

1. The product contains a denaturant in sufficientquantity to render it unfit for internal use; and

2. The product is among such products listed asapproved by the Board in the regulations officially adopted by the Board.

(Added to NRS by 1971, 2025; A 1973, 1217)

NRS 453.541 Sacramentaluse of peyote permitted. The criminal sanctionprovided in NRS 453.011 to 453.552, inclusive, does not apply to thatplant of the genus Lophophora commonly known as peyote when such drug isused as the sacrament in religious rites of any bona fide religiousorganization.

(Added to NRS by 1971, 2025; A 1973, 1217; 2001, 1062; 2003, 559)

NRS 453.551 Immunityfor acts in performance of official duties. Allagents or inspectors of the Board or Division, peace officers, and the AttorneyGeneral, district attorneys and their deputies while investigating violationsof the provisions of NRS 453.011 to 453.552, inclusive, in performance of theirofficial duties, and any person working under their immediate direction,supervision or instruction are immune from prosecution under the provisions ofsuch sections for acts which would otherwise be unlawful under such provisionsbut 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 Criminalpenalties additional to civil penalties or sanctions.

1. Any penalty imposed for violation of NRS 453.011 to 453.551, inclusive, is in addition to, andnot in lieu of, any civil or administrative penalty or sanction otherwiseauthorized by law.

2. Any violation of the provisions of NRS 453.011 to 453.551, inclusive, where no other penaltyis specifically provided, is a misdemeanor.

(Added to NRS by 1971, 2022; A 1973, 583; 2001, 1063; 2003, 560)

CIVIL PENALTIES

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

1. In addition to any criminal penalty imposed for aviolation of the provisions of NRS 453.011to 453.552, inclusive, any person whounlawfully sells, manufactures, delivers or brings into this State, possessesfor sale or participates in any way in a sale of a controlled substance listedin schedule I, II or III or who engages in any act or transaction in violationof the provisions of NRS 453.3611 to 453.3648, inclusive, is subject to a civilpenalty 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 anydistrict attorney in a court of competent jurisdiction.

2. As used in this section and NRS 453.5531, 453.5532 and 453.5533:

(a) Each violation includes a continuous orrepetitive violation arising out of the same act.

(b) Sell includes exchange, barter, solicitation orreceipt of an order, transfer to another for sale or resale and any othertransfer 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 timewas not currently registered with the Secretary of Health and Human Services;and

(2) Is an imitation of or intended for use as asubstitute for a substance listed in schedule I, II or III.

(Added to NRS by 1985, 2042; A 1999, 2640; 2001, 1063; 2003, 560)

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

1. The State of Nevada is entitled, in a civil actionbrought pursuant to NRS 453.553involving marijuana, to a civil penalty in an amount:

(a) Not to exceed $350,000, if the quantity involved is100 pounds or more, but less than 2,000 pounds.

(b) Not to exceed $700,000, if the quantity involved is2,000 pounds or more, but less than 10,000 pounds.

(c) Not to exceed $1,000,000, if the quantity involvedis 10,000 pounds or more.

2. The State of Nevada is entitled, in a civil actionbrought pursuant to NRS 453.553involving a controlled substance, except marijuana, which is listed in scheduleI or a substitute therefor, to a civil penalty in an amount:

(a) Not to exceed $350,000, if the quantity involved is4 grams or more, but less than 14 grams.

(b) Not to exceed $700,000, if the quantity involved is14 grams or more, but less than 28 grams.

(c) Not to exceed $1,000,000, if the quantity involvedis 28 grams or more.

3. The State of Nevada is entitled, in a civil actionbrought pursuant to NRS 453.553involving a controlled substance which is listed in schedule II or III or asubstitute therefor, to a civil penalty in an amount:

(a) Not to exceed $350,000, if the quantity involved is28 grams or more, but less than 200 grams.

(b) Not to exceed $700,000, if the quantity involved is200 grams or more, but less than 400 grams.

(c) Not to exceed $1,000,000, if the quantity involvedis 400 grams or more.

4. Unless a greater civil penalty is authorized byanother provision of this section, the State of Nevada is entitled, in a civilaction brought pursuant to NRS 453.553involving any act or transaction in violation of the provisions of NRS 453.3611 to 453.3648, inclusive, to a civil penalty inan amount not to exceed $350,000.

(Added to NRS by 1985, 2042; A 2001, 1063; 2003, 560)

NRS 453.5532 Moneycollected as civil penalty: Limitations on use.

1. Any money collected as a civil penalty pursuant to NRS 453.5531 must be used to pay theactual cost of prosecution, court costs and costs incurred for the disposal ofany hazardous waste pursuant to NRS 459.400to 459.600, inclusive, in connectionwith the violation for which the penalty was imposed. Any amount remaining fromthe penalty must be deposited with the State Treasurer for credit to the StateGeneral Fund.

2. The money deposited in the State General Fundpursuant to subsection 1 must be accounted for separately. One-half of themoney must be used only for the enforcement of chapter453 of NRS and the other half must be used for rehabilitation of personswho are addicted to controlled substances.

(Added to NRS by 1985, 2043; A 1987, 546)

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

1. A civil action brought pursuant to NRS 453.553 must be brought within 3 yearsafter 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 prioracquittal 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 theState in any criminal proceeding arising out of the same act, transaction oroccurrence estops the defendant in a subsequent civil action from denying the essentialallegations of the criminal offense.

(Added to NRS by 1985, 2043; A 2001, 1064; 2003, 561)

DRUG PARAPHERNALIA

NRS 453.554 Drugparaphernalia defined. As used in NRS 453.554 to 453.566, inclusive, unless the contextotherwise requires, drug paraphernalia means all equipment, products andmaterials of any kind which are used, intended for use, or designed for use inplanting, propagating, cultivating, growing, harvesting, manufacturing,compounding, converting, producing, preparing, testing, analyzing, packaging,repackaging, storing, containing, concealing, injecting, ingesting, inhaling orotherwise introducing into the human body a controlled substance in violationof this chapter. The term includes, but is not limited to:

1. Kits used, intended for use, or designed for use inplanting, propagating, cultivating, growing or harvesting of any species ofplant which is a controlled substance or from which a controlled substance canbe derived;

2. Kits used, intended for use, or designed for use inmanufacturing, compounding, converting, producing or preparing controlledsubstances;

3. Isomerization devices used, intended for use, ordesigned for use in increasing the potency of any species of plant which is acontrolled substance;

4. Testing equipment used, intended for use, ordesigned for use in identifying, or in analyzing the strength, effectiveness orpurity of controlled substances;

5. Scales and balances used, intended for use, ordesigned for use in weighing or measuring controlled substances;

6. Diluents and adulterants, such as quininehydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use,or designed for use in cutting controlled substances;

7. Separation gins and sifters used, intended for use,or designed for use in removing twigs and seeds from, or in otherwise cleaningor refining marijuana;

8. Blenders, bowls, containers, spoons and mixingdevices used, intended for use, or designed for use in compounding controlledsubstances;

9. Capsules, balloons, envelopes and other containersused, intended for use, or designed for use in packaging small quantities ofcontrolled substances;

10. Containers and other objects used, intended foruse, or designed for use in storing or concealing controlled substances; and

11. Objects used, intended for use, or designed foruse in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashishor hashish oil into the human body, such as:

(a) Metal, wooden, acrylic, glass, stone, plastic orceramic pipes with or without screens, permanent screens, hashish heads orpunctured metal bowls;

(b) Water pipes;

(c) Smoking masks;

(d) Roach clips, which are objects used to hold burningmaterial, such as a marijuana cigarette, that has become too small or too shortto be held in the hand;

(e) Cocaine spoons and cocaine vials;

(f) Carburetor pipes and carburetion tubes and devices;

(g) Chamber pipes;

(h) Electric pipes;

(i) Air-driven pipes;

(j) Chillums;

(k) Bongs; and

(l) Ice pipes or chillers.

(Added to NRS by 1981, 405)

NRS 453.556 Factorsfor identifying object as item of drug paraphernalia. Indetermining whether an object is an item of drug paraphernalia, a court orother authority, as the case may be, shall consider, in addition to all otherlogically relevant factors, the following:

1. Statements by an owner or by anyone in control ofthe object concerning its use;

2. Prior convictions, if any, of an owner, or ofanyone in control of the object, under any state or federal law relating to anycontrolled substance;

3. The proximity of the object, in time and space, toa direct violation of this chapter;

4. The proximity of the object to controlledsubstances;

5. The existence of any residue of controlledsubstances on the object;

6. Direct or circumstantial evidence of the intent ofany owner, or of anyone in control of the object, to deliver it to persons whomhe knows, or should reasonably know, intend to use the object to facilitate aviolation of this chapter;

7. Instructions, oral or written, provided with theobject concerning its use;

8. Descriptive materials accompanying the object whichexplain or depict its use;

9. National and local advertising concerning its use;

10. The manner in which the object is displayed forsale;

11. Direct or circumstantial evidence of the ratio ofsales of the object to the total sales of the business enterprise; and

12. Expert testimony concerning its use.

Theinnocence of an owner or of anyone in control of the object as to a direct violationof this chapter does not prevent a finding that the object is intended for useor 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 orcity, respectively, in which there is drug paraphernalia, may file a complaintin the district court seeking to enjoin the possessor and owner of the drugparaphernalia from delivering or selling, or possessing with intent to deliveror sell, any drug paraphernalia.

(Added to NRS by 1981, 408)

NRS 453.560 Unlawfuldelivery, sale, possession or manufacture. Unlessa 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 willbe used to plant, propagate, cultivate, grow, harvest, manufacture, compound,convert, produce, prepare, test, analyze, pack, repack, store, contain,conceal, inject, ingest, inhale or otherwise introduce into the human body acontrolled substance in violation of this chapter is guilty of a category Efelony and shall be punished as provided in NRS193.130.

(Added to NRS by 1981, 407; A 1995, 1291)

NRS 453.562 Unlawfuldelivery to minor. A person 18 years of age orolder who violates NRS 453.560 bydelivering drug paraphernalia to a person under 18 years of age who is at least3 years his junior is guilty of a category C felony and shall be punished asprovided in NRS 193.130. In addition toany other penalty, the court may order the convicted person to pay restitutionfor any reasonable costs incurred for the participation of the person to whomhe delivered the paraphernalia in a program for the treatment of the abuse ofcontrolled substances. If the court orders the convicted person to make suchrestitution, the court shall notify the parent, guardian or other person legallyresponsible for the person to whom the paraphernalia was delivered that suchrestitution has been ordered.

(Added to NRS by 1981, 407; A 1995, 1292; 1999, 749)

NRS 453.564 Unlawfuladvertising. Any person who places in anyprinted publication any advertisement, knowing, or under circumstances whereone reasonably should know, that the purpose of the advertisement, in whole orin part, is to promote the sale of objects designed or intended for use as drugparaphernalia is guilty of a misdemeanor.

(Added to NRS by 1981, 408)

NRS 453.566 Unlawfuluse or possession. Any person who uses, or possesseswith intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest,manufacture, compound, convert, produce, prepare, test, analyze, pack, repack,store, contain, conceal, inject, ingest, inhale or otherwise introduce into thehuman body a controlled substance in violation of this chapter is guilty of amisdemeanor.

(Added to NRS by 1981, 407)

MISCELLANEOUS PROVISIONS

NRS 453.568 Reportof loss or theft of controlled substance. Allloss or theft of controlled substances must be reported on forms provided bythe Division to the Board and Division within 10 days after the date ofdiscovery of the theft or loss.

(Added to NRS by 1981, 1957)

NRS 453.570 Amountof controlled substance needed to sustain conviction for prohibited offense. The amount of a controlled substance needed to sustain aconviction of a person for an offense prohibited by the provisions of NRS 453.011 to 453.552, inclusive, is that amountnecessary for identification as a controlled substance by a witness qualifiedto make such identification.

(Added to NRS by 1971, 359; A 1973, 1218; 2001, 1064; 2003, 561)

NRS 453.575 Feefor analysis of controlled substance or other substance or drug: Inclusion insentence of offender; distribution and use of proceeds.

1. If a defendant pleads guilty to or is found guiltyof, any violation of this chapter and an analysis of a controlled substance orother substance or drug was performed in relation to his case, the court shallinclude in the sentence an order that the defendant pay the sum of $60 as a feefor 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 inaddition to, any fine otherwise imposed by the court and must be:

(a) Collected from the defendant before or at the sametime that the fine is collected.

(b) Stated separately in the judgment of the court oron the courts docket.

3. The money collected pursuant to subsection 1 in anydistrict, municipal or Justice Court must be paid by the clerk of the court tothe county or city treasurer, as appropriate, on or before the fifth day ofeach month for the preceding month.

4. The board of county commissioners of each countyshall by ordinance create in the county treasury a fund to be designated as thefund for forensic services. The governing body of each city shall create in thecity treasury a fund to be designated as the fund for forensic services. Uponreceipt, the county or city treasurer, as appropriate, shall deposit any feefor the analyses of controlled substances or other substances or drugs in thefund. The money from such deposits must be accounted for separately within thefund.

5. Except as otherwise provided in subsection 6, eachmonth the treasurer shall, from the money credited to the fund pursuant tosubsection 3, pay any amount owed for forensic services and deposit anyremaining money in the county or city general fund, as appropriate.

6. In counties which do not receive forensic servicesunder a contract with the State, the money deposited in the fund for forensicservices pursuant to subsection 4 must be expended, except as otherwiseprovided in this subsection:

(a) To pay for the analyses of controlled substances orother substances or drugs performed in connection with criminal investigationswithin the county;

(b) To purchase and maintain equipment to conduct theseanalyses; and

(c) For the training and continuing education of theemployees who conduct these analyses.

Money fromthe fund must not be expended to cover the costs of analyses conducted by,equipment used by or training for employees of an analytical laboratory notregistered with the Drug Enforcement Administration of the United States Departmentof Justice.

(Added to NRS by 1987, 1397; A 1989, 1479; 1991, 272;1993, 2464; 1995, 2469; 2001, 1064; 2003, 1488)

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

1. A court may establish an appropriate treatmentprogram 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 toan appropriate facility for the treatment of abuse of alcohol or drugs which iscertified by the Health Division of the Department. The assignment must includethe terms and conditions for successful completion of the program and providefor progress reports at intervals set by the court to ensure that the person ismaking satisfactory progress towards completion of the program.

2. A program to which a court assigns a personpursuant to subsection 1 must include:

(a) Information and encouragement for the participantto cease abusing alcohol or using controlled substances through educational,counseling and support sessions developed with the cooperation of variouscommunity, health, substance abuse, religious, social service and youthorganizations;

(b) The opportunity for the participant to understandthe medical, psychological and social implications of substance abuse; and

(c) Alternate courses within the program based on thedifferent substances abused and the addictions of participants.

3. If the offense with which the person was chargedinvolved the use or possession of a controlled substance, in addition to theprogram or as a part of the program the court must also require frequenturinalysis to determine that the person is not using a controlled substance.The court shall specify how frequent such examinations must be and how manymust be successfully completed, independently of other requisites forsuccessful completion of the program.

4. Before the court assigns a person to a programpursuant to this section, the person must agree to pay the cost of the programto which he is assigned and the cost of any additional supervision requiredpursuant to subsection 3, to the extent of his financial resources. If theperson 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 beassigned to a program at a facility that receives a sufficient amount offederal or state funding to offset the remainder of the costs.

(Added to NRS by 1993, 1233; A 1995, 557; 1999, 1872; 2001, 418, 3070)

TREATMENT AND REHABILITATION OF ADDICTS

NRS 453.600 Declarationof legislative purpose. It is the purpose of NRS 453.600 to 453.730, inclusive, to protect and promotethe health, welfare and safety of the people of this State by combating theeffects of the disease of narcotic addiction and by assisting the rehabilitationof certain narcotic addicts through a comprehensive program of treatment,research and investigation.

(Added to NRS by 1971, 650)

NRS 453.660 Experimentaland clinical programs; personnel; regulations. TheHealth Division of the Department shall:

1. Within the limits of available funds, including,but not limited to, legislative appropriation, develop and implementexperimental and investigational pilot clinic programs for the treatment ofnarcotic addicts through the administration, under medical supervision andcontrol, of maintenance dosages of methadone, or other addicting drugs, andprovide other rehabilitation services as needed in support of a methadonemaintenance program.

2. Employ such personnel as may be necessary to carryout the duties imposed by NRS 453.600 to453.730, inclusive, subject to thelegislative appropriation available for such purpose.

3. Adopt such regulations as are necessary to carryout the purpose of NRS 453.600 to 453.730, inclusive.

(Added to NRS by 1971, 651; A 1979, 1670)

NRS 453.670 Localgovernments may assist programs and services. Acounty or city may extend funds for the purpose of establishing or maintainingany program or service provided for in NRS453.660.

(Added to NRS by 1971, 651)

NRS 453.680 Cooperativeagreements. The Health Division of the Departmentmay 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 programmeets the requirements of the Food and Drug Administration and the DrugEnforcement Administration, and which is approved by the Health Division of theDepartment,

in carryingout 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 Informationto be furnished.

1. Every person or institution authorized to dispense oradminister narcotic drugs shall furnish to the Health Division of the Department,the Investigation Division of the Department of Public Safety and the State Boardof Pharmacy such information as the Health Division or the Board may require byregulation.

2. Every public official or employee having duties toperform with respect to narcotic drugs shall furnish to the Health Division ofthe Department, the Investigation Division of the Department of Public Safetyand the State Board of Pharmacy such information as the regulations of theHealth Division or the Board may require.

(Added to NRS by 1971, 651; A 1979, 1670; 1981, 2014;1985, 1996; 2001,2625)

NRS 453.700 Applicationfor treatment; regulations for voluntary submission.

1. Any person who believes himself to be a narcoticaddict may make application to the Health Division of the Department forvoluntary submission to treatment maintained under the provisions of NRS 453.660 or NRS 458.290 to 458.350, inclusive.

2. The Health Division shall adopt regulationsrelating to the requirements for voluntary submission under this section.

(Added to NRS by 1971, 651; A 1975, 973; 1979, 1671)

NRS 453.710 Liabilityfor costs of treatment. When a narcotic addictis being treated under a program or service maintained under NRS 453.660, his estate or legallyresponsible relatives, if of sufficient ability, are liable for payment of suchportion of the cost of care, treatment, rehabilitation or aftercare furnishedpursuant to NRS 453.660 as may beestablished by a regulation of the Health Division of the Department.

(Added to NRS by 1971, 651; A 1979, 1671)

NRS 453.720 Confidentialand privileged information. Unless otherwiserequested by a narcotic addict being treated, or a person who in the past wastreated, under NRS 453.660, allinformation in possession of the Health Division of the Department, anyrehabilitation clinic or any certified hospital concerning such person isconfidential and privileged.

(Added to NRS by 1971, 652; A 1979, 1671)

NRS 453.730 Emergencytreatment authorized without notification to law enforcement officer or agency. Notwithstanding any other provision of law, any physicianmay render emergency treatment for narcotic or dangerous drug abuse withoutnotifying a law enforcement official or agency.

(Added to NRS by 1971, 652)

 

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