2022 Nevada Revised Statutes
Chapter 453 - Controlled Substances

GENERAL PROVISIONS

• NRS 453.005 - Applicability of chapter to medical use of cannabis.
• NRS 453.007 - Inapplicability of chapter to certain veterinary biologic products.

UNIFORM CONTROLLED SUBSTANCES ACT

General Provisions

• NRS 453.011 - Short title; purpose.
• NRS 453.013 - Uniformity of interpretation.
• NRS 453.016 - Definitions.
• NRS 453.021 - "Administer" defined.
• NRS 453.023 - "Advanced practice registered nurse" defined.
• NRS 453.026 - "Agent" defined.
• NRS 453.031 - "Board" defined.
• NRS 453.033 - "CBD" defined.
• NRS 453.038 - "Chart order" defined."Chart order" means an order entered on the chart of a patient:
• NRS 453.039 - "Compound" and "compounding" defined.
• NRS 453.042 - "Concentrated cannabis" defined.
• NRS 453.043 - "Controlled substance analog" defined.
• NRS 453.046 - "Counterfeit substance" defined.
• NRS 453.051 - "Deliver" and "delivery" defined.
• NRS 453.053 - "Department" defined.
• NRS 453.056 - "Dispense" defined.
• NRS 453.061 - "Dispenser" defined.
• NRS 453.066 - "Distribute" defined.
• NRS 453.071 - "Distributor" defined.
• NRS 453.076 - "Division" defined.
• NRS 453.081 - "Drug" defined.
• NRS 453.082 - "Drug Enforcement Administration" defined.
• NRS 453.0825 - "Extraction" defined.
• NRS 453.083 - "Fill" defined.
• NRS 453.085 - "Hospital" defined.
• NRS 453.086 - "Immediate precursor" defined.
• NRS 453.087 - "Institutional pharmacy" defined.
• NRS 453.0875 - "Isomer" defined.
• NRS 453.091 - "Manufacture" defined.
• NRS 453.096 - "Marijuana" defined.
• NRS 453.098 - "Narcotic addict" defined.
• NRS 453.099 - "Narcotic addiction" defined.
• NRS 453.101 - "Narcotic drug" defined.
• NRS 453.103 - "Narcotic use disorder" defined.
• NRS 453.106 - "Opiate" defined.
• NRS 453.111 - "Opium poppy" defined.
• NRS 453.113 - "Person" defined.
• NRS 453.115 - "Person with a narcotic use disorder" defined.
• NRS 453.117 - "Pharmacy" defined.
• NRS 453.118 - "Pharmacy in a correctional institution" defined.
• NRS 453.121 - "Poppy straw" defined.
• NRS 453.126 - "Practitioner" defined.
• NRS 453.128 - "Prescription" defined.
• NRS 453.131 - "Production" defined.
• NRS 453.134 - "Refill" defined.
• NRS 453.136 - "State" defined.
• NRS 453.137 - "Steroid" defined.
• NRS 453.139 - "THC" defined.
• NRS 453.141 - "Ultimate user" defined.
• NRS 453.146 - Powers and duties of Board.
• NRS 453.151 - Cooperative arrangements; confidentiality of information.
• NRS 453.153 - Cooperation between Board and Division required.
• NRS 453.154 - Division required to prepare certain reports concerning controlled substances; Division and Board may enter into agreements with public agencies; requirements.
• NRS 453.155 - Programs for research and education.
• NRS 453.157 - Confidentiality of information concerning research or medical practice.
• NRS 453.159 - Existing orders or regulations unaffected.

Computerized Program to Track Prescriptions for Controlled Substances

• NRS 453.162 - Development; functions and requirements; Board and Division immune from liability for activities related to program; gifts, grants and donations.
• NRS 453.163 - Persons registered to dispense controlled substances required to upload certain information to database; agreements with state agency of another state to receive or exchange information obtained by program; immunity from liability for transmitting information.
• NRS 453.1635 - Law enforcement agency to upload to database certain information obtained during investigation; limitation on access to database; immunity from liability for transmission of information.
• NRS 453.164 - Access to database for certain persons, occupational licensing boards, Board and Division; reporting of illegal activity or inappropriate use of controlled substance; exception to avoid interfering with investigation; practitioner required to notify Board of incorrect information in database; confidentiality of information obtained from program; notice of improper access.
• NRS 453.1645 - When Board is required to provide access to database to coroner, medical examiner or deputy thereof for certain purposes; access for unauthorized purpose prohibited; suspension or termination of access for violation of provisions.
• NRS 453.165 - Access to database for certain employees of law enforcement agencies; certification; requirements for access; access for unauthorized purpose prohibited; monitoring; authority of Board or Division to terminate access.

Schedules

• NRS 453.166 - Schedule I tests.
• NRS 453.176 - Schedule II tests.
• NRS 453.186 - Schedule III tests.
• NRS 453.196 - Schedule IV tests.
• NRS 453.206 - Schedule V tests.
• NRS 453.211 - Review, revision and dissemination of schedules.
• NRS 453.216 - Nomenclature.
• NRS 453.218 - Addition of immediate precursor to schedule.
• NRS 453.2182 - Treatment by Board when substance is designated, rescheduled or deleted as controlled substance by federal law.
• NRS 453.2184 - Scheduling of substance by extraordinary regulation.
• NRS 453.2186 - Board prohibited from including certain substances on schedule; exceptions; required considerations.
• NRS 453.2188 - Placement of substance in schedule allowed if controlled by federal law pursuant to international treaty, convention or protocol.
• NRS 453.219 - Controlled substance analog: Treatment as substance in schedule I; notice of prosecution; determination by Board.

Regulations

• NRS 453.221 - Regulations; fees.
• NRS 453.226 - Requirements for registration; authority of registrant; exemptions and waivers; inspections.
• NRS 453.231 - Registration: Public interest; specific controlled substances; research.
• NRS 453.232 - Penalty for failure to register.
• NRS 453.233 - Notice of conviction of registered person to be furnished.
• NRS 453.236 - Suspension and revocation of registration to dispense; seizure or placement under seal of controlled substance owned or possessed by registrant; notification of suspension or revocation of registration or forfeiture of controlled substances to appropriate authority; registrant prohibited from employing person whose pharmacist’s certificate was suspended or revoked.
• NRS 453.241 - Administrative proceedings to deny, suspend or revoke registration.
• NRS 453.246 - Recordkeeping and inventory requirements for registrants.
• NRS 453.251 - Order forms.
• NRS 453.256 - Prescriptions; requirements for dispensing certain substances; penalty.
• NRS 453.257 - Filling second or subsequent prescriptions.

Enforcement

• NRS 453.261 - Administrative inspections.
• NRS 453.266 - Administrative warrant for inspection.
• NRS 453.271 - Powers of enforcement of officers and employees of Division.
• NRS 453.276 - Injunctions.
• NRS 453.281 - Burden of proof; immunity of officers from liability.
• NRS 453.286 - Judicial review.

Forfeitures

• NRS 453.301 - Property subject to forfeiture.
• NRS 453.305 - Forfeiture of real property or mobile home: Notices to owner.
• NRS 453.311 - Controlled substances; plants; seizure and forfeiture.

Offenses and Penalties

• NRS 453.316 - Unlawful to open or maintain place for unlawful sale, gift or use of controlled substance; penalties; exceptions.
• NRS 453.321 - Offer, attempt or commission of unauthorized act relating to controlled or counterfeit substance unlawful; penalties; prohibition against probation or suspension of sentence for certain repeat offenders unless mitigating circumstances exist.
• NRS 453.322 - Offer, attempt or commission of unauthorized act relating to manufacture or compounding of certain controlled substances unlawful; penalties; prohibition against probation of offenders.
• NRS 453.324 - Unlawful to possess or dispose of methamphetamine manufacturing waste; exception; penalty.
• NRS 453.326 - Unlawful acts relating to recordkeeping, inspections and knowingly keeping or maintaining place where controlled substances are unlawfully used, kept or sold; penalty.
• NRS 453.331 - Unlawful acts relating to distribution of certain controlled substances by registrants, use of unauthorized registration number and possession of signed blank prescription forms; certain fraudulent acts prohibited; penalty.
• NRS 453.332 - Unlawful acts relating to imitation controlled substances; penalties.
• NRS 453.3325 - Unlawful to allow child to be present during commission of certain violations which involve controlled substances other than marijuana; penalties; probation or suspended sentence prohibited.
• NRS 453.333 - Penalties for making available controlled substance which causes death.
• NRS 453.3335 - Additional penalty for failing to render or seek medical assistance for person injured or killed by use of controlled substance under certain circumstances.
• NRS 453.334 - Penalty for second or subsequent offense of sale of controlled substance to minor.
• NRS 453.3345 - Additional penalty for commission of certain violations at or near school, school bus stop, recreational facilities for minors or public park.
• NRS 453.3351 - Additional penalty for commission of certain violations which involve methamphetamine under certain circumstances.
• NRS 453.3353 - Additional and alternative penalties for commission of certain violations which involve controlled substances other than marijuana and result in death or substantial bodily harm to another person.
• NRS 453.336 - Unlawful possession not for purpose of sale: Prohibition; penalties; exception.
• NRS 453.3361 - Unlawful possession not for purpose of sale: Local ordinances adopting penalties for certain similar offenses; allocation of fines collected for violation of local ordinance.
• NRS 453.3363 - Suspension of proceedings and probation of accused under certain conditions; effect of discharge and dismissal.
• NRS 453.3365 - Sealing of record of person convicted of possession of controlled substance not for purpose of sale; conditions.
• NRS 453.337 - Unlawful possession for sale of flunitrazepam, gamma-hydroxybutyrate and schedule I or II substances; penalties.
• NRS 453.338 - Unlawful possession for sale of substances classified in schedule III, IV or V; penalties.
• NRS 453.3383 - Determination of weight of controlled substance for purposes of NRS 453.3385 and 453.339.
• NRS 453.3385 - Trafficking in controlled substances: Flunitrazepam, gamma-hydroxybutyrate and schedule I or II substances, except marijuana.
• NRS 453.339 - Trafficking in controlled substances: Marijuana or concentrated cannabis.
• NRS 453.3393 - Unlawful to produce or process marijuana or extract concentrated cannabis; exception; penalties.
• NRS 453.3395 - Trafficking in controlled substances: Schedule II substances.
• NRS 453.3405 - Trafficking in controlled substances: Suspended sentence limited; eligibility for parole; reduction or suspension of sentence of person assisting in investigation or prosecution of any offense; consideration of factors by court.
• NRS 453.341 - Prosecution or proceeding under prior law unaffected.
• NRS 453.346 - Effect of conviction or acquittal under federal or other state laws.
• NRS 453.348 - Previous convictions.

METHAMPHETAMINE PRECURSORS

• NRS 453.352 - Definitions.
• NRS 453.3525 - "Logbook" defined.
• NRS 453.353 - "Product that is a precursor to methamphetamine" defined.
• NRS 453.3535 - "Retail distributor" defined.
• NRS 453.354 - Manner of keeping, storing or placing methamphetamine precursor.
• NRS 453.355 - Limitations on sale or transfer of methamphetamine precursor by retail distributor; exception.
• NRS 453.357 - Retail distributor to maintain logbook; information required to be entered in logbook at time of sale or transfer of methamphetamine precursor; requirements for sale or transfer of methamphetamine precursor; notice concerning entering false statement or representation in logbook; maintenance of entries in logbook; limitation on accessing, using, sharing or disclosing information in logbook.
• NRS 453.358 - Civil penalty for violation.
• NRS 453.3585 - Limitations on acquisition of methamphetamine precursor; exception; penalties.
• NRS 453.359 - Penalty for entering false statement or representation in logbook.

ILLEGAL INTERNET PHARMACIES

• NRS 453.3611 - Definitions.
• NRS 453.3615 - "Dangerous drug" defined.
• NRS 453.3618 - "Illegal Internet pharmacy" defined.
• NRS 453.3621 - "Imitation controlled substance" defined.
• NRS 453.3625 - "Internet" defined.
• NRS 453.3628 - "Prescription drug" defined.
• NRS 453.3633 - Circumstances under which person has "reasonable cause to believe."
• NRS 453.3635 - Applicability.
• NRS 453.3638 - Unlawful acts relating to filling or refilling prescription or delivering certain substances or drugs; aiding unlawful act prohibited; penalties; multiple punishments authorized.
• NRS 453.3639 - Unlawful acts relating to filling or refilling prescription via Internet; exception; aiding unlawful act prohibited; penalties; penalty not exclusive.
• NRS 453.3643 - Unlawful acts relating to issuance of prescription; circumstances under which practitioner or person licensed by another jurisdiction is prohibited from prescribing prescription drug; aiding unlawful act prohibited; penalties; multiple punishments authorized.
• NRS 453.3648 - Concurrent jurisdiction of Attorney General and district attorneys to prosecute violations.

FURTHER REGULATION AND PROHIBITIONS

• NRS 453.371 - Definitions.
• NRS 453.375 - Persons authorized to possess and administer controlled substances.
• NRS 453.377 - Authority to dispense controlled substances.
• NRS 453.381 - Limitations on prescribing, possessing, administering, transporting and dispensing controlled substances.
• NRS 453.385 - Adoption of regulations governing prescriptions for controlled substances; compliance with federal law.
• NRS 453.391 - Unlawful taking or obtaining of controlled substance or prescription.
• NRS 453.401 - Penalties for conspiracy.
• NRS 453.411 - Unlawful use of controlled substance; penalty.
• NRS 453.421 - Penalty for violation of NRS 453.371 to 453.391, inclusive.
• NRS 453.431 - Unlawful acts relating to filling and refilling prescriptions and obtaining controlled substance or prescription; authorization to request proper identification from person requesting controlled substance.
• NRS 453.505 - Controlled substance for which prescription is not required: Violation of regulation by pharmacist; misrepresentation to pharmacist to obtain controlled substance; penalties.
• NRS 453.521 - Unlawful possession or sale of nasal inhaler; exception.
• NRS 453.530 - Sale of dextromethorphan to minor or purchase of dextromethorphan by minor without prescription prohibited; person deemed to be in compliance under certain circumstances; civil penalty; preemption of local law or regulation.
• NRS 453.541 - Sacramental use of peyote permitted.
• NRS 453.551 - Immunity for acts in performance of official duties.
• NRS 453.552 - Criminal penalties additional to civil penalties or sanctions.

CIVIL PENALTIES

• NRS 453.553 - Action to recover civil penalty: Persons liable for civil penalty; action to be brought by Attorney General or district attorney; definitions.
• NRS 453.5531 - Action to recover civil penalty: Amount of money recoverable as civil penalty.
• NRS 453.5532 - Money collected as civil penalty: Limitations on use.
• NRS 453.5533 - Limitation on action to recover civil penalty; effect of criminal proceeding on civil action.

DRUG PARAPHERNALIA

• NRS 453.554 - "Drug paraphernalia" defined.
• NRS 453.556 - Factors for identifying object as item of drug paraphernalia.
• NRS 453.557 - Provision, administration or use of testing product not unlawful; immunity from professional sanction or civil liability.
• NRS 453.558 - Injunctions.
• NRS 453.560 - Unlawful delivery, sale, possession or manufacture.
• NRS 453.562 - Unlawful delivery to minor.
• NRS 453.564 - Unlawful advertising.
• NRS 453.566 - Unlawful use or possession.

MISCELLANEOUS PROVISIONS

• NRS 453.568 - Report of loss or theft of controlled substance.
• NRS 453.570 - Amount of controlled substance needed to sustain conviction for prohibited offense.
• NRS 453.572 - Prohibition on production, distribution, sale or offering to sell synthetic cannabinoid.
• NRS 453.575 - Fee for analysis of controlled substance or other substance or drug: Inclusion in sentence of offender; distribution and use of proceeds.
• NRS 453.577 - Authority of Board not limited by authority of other regulatory bodies.
• NRS 453.580 - Program for treatment of certain offenders: Requirements; payment of costs; completion in another jurisdiction.

TREATMENT AND REHABILITATION OF PERSONS WITH NARCOTIC USE DISORDERS

• NRS 453.600 - Declaration of legislative purpose.
• NRS 453.660 - Experimental and clinical programs; personnel; regulations.
• NRS 453.670 - Local governments may assist programs and services.
• NRS 453.680 - Cooperative agreements.
• NRS 453.690 - Information to be furnished.
• NRS 453.700 - Application for treatment; regulations relating to voluntary submission.
• NRS 453.710 - Liability for costs of treatment.
• NRS 453.720 - Confidential and privileged information.
• NRS 453.730 - Emergency treatment authorized without notification to law enforcement officer or agency.