Title 40

NRS 453.155 Programs for research and education. 1. The Board or Investigation Division, in cooperation with the Division of Public and Behavioral Health of the Department, may carry out educational programs designed to prevent and deter misuse and abuse of controlled substances.…

NRS 453.157 Confidentiality of information concerning research or medical practice. A practitioner engaged in medical practice or research is not required or compelled to furnish the name or identity of a patient or research subject to the Board, nor may the practitioner be compe…

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to 453.552, inclusive, and in effect on January 1, 1972, and not in conflict with it continue in effect until modified, superseded or repealed.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

NRS 453.162 Development; functions and requirements; Board and Division immune from liability for activities related to program; gifts, grants and donations. 1. The Board and the Division shall cooperatively develop a computerized program to track each prescription for a controll…

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. 1. Exce…

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. 1. If a law enforcement agency arrests a person for a violation of this chapter …

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…

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. 1. Except as otherwise provided in t…

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. 1. Except as otherwise provided in this section, t…

NRS 453.166 Schedule I tests. The Board shall place a substance in schedule I if it finds that the substance: 1. Has high potential for abuse; and 2. Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervis…

NRS 453.176 Schedule II tests. The Board shall place a substance in schedule II if it finds that: 1. The substance has high potential for abuse; 2. The substance has accepted medical use in treatment in the United States, or accepted medical use with severe restrictions; and 3. T…

NRS 453.186 Schedule III tests. The Board shall place a substance in schedule III if it finds that: 1. The substance has a potential for abuse less than the substances listed in schedules I and II; 2. The substance has currently accepted medical use in treatment in the United Sta…

NRS 453.196 Schedule IV tests. The Board shall place a substance in schedule IV if it finds that: 1. The substance has a low potential for abuse relative to substances in schedule III; 2. The substance has currently accepted medical use in treatment in the United States; and 3. A…

NRS 453.206 Schedule V tests. The Board shall place a substance in schedule V if it finds that: 1. The substance has a low potential for abuse relative to substances listed in schedule IV; 2. The substance has accepted medical use in treatment in the United States; and 3. Abuse o…

NRS 453.211 Review, revision and dissemination of schedules. 1. The Board shall: (a) Review the schedules annually and maintain a list of current schedules. (b) Upon the revision of a schedule, cause a copy of the revised schedule to be sent to each district attorney, public defe…

NRS 453.216 Nomenclature. The controlled substances listed or to be listed in schedules I, II, III, IV or V are included by whatever official, common, usual, chemical or trade name designated. (Added to NRS by 1971, 2009; A 1981, 735)

NRS 453.218 Addition of immediate precursor to schedule. The Board, without regard to the findings required by NRS 453.166, 453.176, 453.186, 453.196, 453.206 or subsection 4 of NRS 453.146 or the procedures prescribed by subsections 1 to 4, inclusive, of NRS 453.146, may add an …

NRS 453.2182 Treatment by Board when substance is designated, rescheduled or deleted as controlled substance by federal law. If a substance is designated, rescheduled or deleted as a controlled substance pursuant to federal law, the Board shall similarly treat the substance pursu…

NRS 453.2184 Scheduling of substance by extraordinary regulation. The Board, by extraordinary regulation and without regard to the requirements of subsections 1, 2 and 3 of NRS 453.146 may schedule a substance in schedule I, whether or not the substance is substantially similar t…

NRS 453.2186 Board prohibited from including certain substances on schedule; exceptions; required considerations. 1. Authority to control pursuant to NRS 453.146, 453.218, 453.2182 and 453.2184 does not extend to distilled spirits, wine, malt beverages or tobacco. 2. The Board sh…

NRS 453.2188 Placement of substance in schedule allowed if controlled by federal law pursuant to international treaty, convention or protocol. The Board may place a substance in schedule I, II, III, IV or V without making the findings respectively required for those schedules if …

NRS 453.219 Controlled substance analog: Treatment as substance in schedule I; notice of prosecution; determination by Board. A controlled substance analog, to the extent intended for human consumption, must be treated, for the purposes of NRS 453.011 to 453.552, inclusive, as a …

NRS 453.221 Regulations; fees. 1. The Board may adopt regulations and charge reasonable fees relating to the registration and control of the dispensing of controlled substances within this State. 2. The Board may charge an additional fee for dispensing controlled substances inclu…

NRS 453.226 Requirements for registration; authority of registrant; exemptions and waivers; inspections. 1. Every practitioner or other person who dispenses any controlled substance within this State or who proposes to engage in the dispensing of any controlled substance within t…

NRS 453.231 Registration: Public interest; specific controlled substances; research. 1. The Board shall register an applicant to dispense controlled substances included in schedules I to V, inclusive, unless it determines that the issuance of that registration would be inconsiste…

NRS 453.232 Penalty for failure to register. A person who dispenses a controlled substance without being registered by the Board if required by NRS 453.231 is guilty of a category D felony and shall be punished as provided in NRS 193.130. (Added to NRS by 1979, 1672; A 1981, 737;…

NRS 453.233 Notice of conviction of registered person to be furnished. Upon the conviction of any person required to be registered under the provisions of NRS 453.011 to 453.552, inclusive, of violation of any federal or state law relating to any controlled substance, the prosecu…

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; r…

NRS 453.241 Administrative proceedings to deny, suspend or revoke registration. 1. Administrative proceedings by the Board to deny, suspend or revoke a registration must be initiated, conducted and concluded pursuant to the provisions of NRS 639.241 to 639.257, inclusive, without…

NRS 453.246 Recordkeeping and inventory requirements for registrants. Persons registered to dispense controlled substances pursuant to the provisions of NRS 453.011 to 453.552, inclusive, shall keep records and maintain inventories in conformance with the recordkeeping and invent…

NRS 453.251 Order forms. Controlled substances listed in schedules I and II may be distributed by a registrant or licensed pharmacy to another registrant or licensed pharmacy only pursuant to an order form and may be received by a registrant only pursuant to an order form. Compli…

NRS 453.256 Prescriptions; requirements for dispensing certain substances; penalty. 1. A prescription for a controlled substance must be given to a pharmacy in compliance with NRS 639.23535. A prescription for a substance included in schedule II must not be refilled. A prescripti…

NRS 453.257 Filling second or subsequent prescriptions. A pharmacist shall not fill a second or subsequent prescription for a controlled substance listed in schedule II for the same patient unless the frequency of prescriptions is in conformity with the directions for use. The ne…

NRS 453.261 Administrative inspections. 1. The Division or the Board may make administrative inspections of controlled premises in accordance with the following provisions: (a) When authorized by an administrative warrant for inspection issued pursuant to NRS 453.266, an officer,…

NRS 453.266 Administrative warrant for inspection. 1. Issuance and execution of an administrative warrant for inspection must be as follows: (a) A magistrate, within his or her jurisdiction, and upon proper oath or affirmation showing probable cause, may issue warrants for the pu…

NRS 453.271 Powers of enforcement of officers and employees of Division. Any officer or employee of the Division designated by his or her appointing authority may: 1. Carry firearms in the performance of his or her official duties; 2. Execute and serve search warrants, arrest war…

NRS 453.276 Injunctions. The Board or the Attorney General may bring an action to enjoin any act which would be in violation of the provisions of this chapter. Such an action must be commenced in the district court for the county in which the act is to occur and must be in confor…

NRS 453.281 Burden of proof; immunity of officers from liability. 1. It is not necessary for the State to negate any exemption or exception in the provisions of NRS 453.011 to 453.552, inclusive, in any complaint, information, indictment or other pleading or in any trial, hearing…

NRS 453.286 Judicial review. All final determinations, findings and conclusions of the Board or Division under the provisions of NRS 453.011 to 453.552, inclusive, are final and conclusive decisions of the matters involved. Any person aggrieved by the decision is entitled to judi…

NRS 453.301 Property subject to forfeiture. The following are subject to forfeiture pursuant to NRS 179.1156 to 179.1205, inclusive: 1. All controlled substances which have been manufactured, distributed, dispensed or acquired in violation of the provisions of NRS 453.011 to 453.…

NRS 453.305 Forfeiture of real property or mobile home: Notices to owner. 1. Whenever a person is arrested for violating any of the provisions of NRS 453.011 to 453.552, inclusive, except NRS 453.336, and real property or a mobile home occupied by the person as a tenant has been …

NRS 453.311 Controlled substances; plants; seizure and forfeiture. 1. Controlled substances listed in schedule I: (a) That are possessed, transferred, sold or offered for sale in violation of the provisions of NRS 453.011 to 453.552, inclusive, are contraband and must be seized a…

NRS 453.316 Unlawful to open or maintain place for unlawful sale, gift or use of controlled substance; penalties; exceptions. 1. A person who opens or maintains any place for the purpose of unlawfully selling, giving away or using any controlled substance is guilty of a category …

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. 1. Except as authorized by…

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. 1. Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it…

NRS 453.324 Unlawful to possess or dispose of methamphetamine manufacturing waste; exception; penalty. 1. Except as otherwise provided in subsection 2, a person who knowingly possesses or disposes of methamphetamine manufacturing waste is guilty of a category C felony and shall b…