Title 40

NRS 453.121 “Poppy straw” defined. “Poppy straw” means all parts, except the seeds, of the opium poppy, after mowing. (Added to NRS by 1971, 2002)

NRS 453.126 “Practitioner” defined. “Practitioner” means: 1. A physician, dentist, veterinarian or podiatric physician who holds a license to practice his or her profession in this State and is registered pursuant to this chapter. 2. An advanced practice registered nurse who hold…

NRS 453.128 “Prescription” defined. 1. “Prescription” means: (a) An order given individually for the person for whom prescribed, directly from a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician, optometrist, advanced prac…

NRS 453.131 “Production” defined. “Production” includes the manufacturing of a controlled substance and the planting, cultivation, growing or harvesting of a plant from which a controlled substance is derived. (Added to NRS by 1971, 2002; A 1991, 1650)

NRS 453.134 “Refill” defined. “Refill” means to fill again. (Added to NRS by 1979, 1672)

NRS 453.136 “State” defined. “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a territory or insular possession subject to the jurisdiction of the United States. (Added to NRS by 1971, 2002; A 1991, 1650)

NRS 453.137 “Steroid” defined. “Steroid” means any of the compounds that contain a hydrogenated cyclopentophenanthrene-ring system, and includes the sterols. (Added to NRS by 1989, 1680)

NRS 453.139 “THC” defined. “THC” means delta-9-tetrahydrocannabinol and any structural, optical or geometric isomer thereof, including, without limitation: 1. Delta-8-tetrahydrocannabinol; 2. Delta-7-tetrahydrocannabinol; and 3. Delta-10-tetrahydrocannabinol. (Added to NRS by 201…

NRS 453.141 “Ultimate user” defined. “Ultimate user” means a person who lawfully possesses a controlled substance for his or her own use or the use of a member of the person’s household or for administering to any animal owned by the person or by a member of the person’s househol…

NRS 453.146 Powers and duties of Board. 1. The Board shall administer the provisions of NRS 453.011 to 453.552, inclusive, and may add substances to or delete or reschedule all substances enumerated in schedules I, II, III, IV and V by regulation. 2. In making a determination reg…

NRS 453.151 Cooperative arrangements; confidentiality of information. 1. The Board and the Division shall cooperate with federal and other state agencies in discharging their responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled s…

NRS 453.153 Cooperation between Board and Division required. The Board and Division shall cooperate with each other in effectuating the purposes of NRS 453.011 to 453.552, inclusive. (Added to NRS by 1971, 2003; A 1995, 1434)

NRS 453.154 Division required to prepare certain reports concerning controlled substances; Division and Board may enter into agreements with public agencies; requirements. 1. In this section, “diversion” means the transfer of a controlled substance from a lawful to an unlawful ch…

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…