Title 40

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…

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. 1. It is unlawful for a person: (a) To refuse or fail to make, keep or furnish any record, notificat…

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. 1. It is unlawful for a person knowingly or …

NRS 453.332 Unlawful acts relating to imitation controlled substances; penalties. 1. Except as otherwise provided in subsection 6, it is unlawful for a person to manufacture, distribute, sell or possess with the intent to distribute or sell an imitation controlled substance. 2. E…

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. 1. A person shall not intentionally allow a child to be present in any conve…

NRS 453.333 Penalties for making available controlled substance which causes death. If the death of a person is proximately caused by a controlled substance which was sold, given, traded or otherwise made available to him or her by another person in violation of this chapter, the…

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. 1. Except as otherwise provided in NRS 193.169, a defendant who is found guilty of violating NRS 453.321 or 45…

NRS 453.334 Penalty for 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 of selling a controlled substance to a minor in violation of this chapter is guilty of a category A felony…

NRS 453.3345 Additional penalty for commission of certain violations at or near school, school bus stop, recreational facilities for minors or public park. 1. Unless a greater penalty is provided in NRS 453.333 or 453.334, and except as otherwise provided in NRS 193.169, any pers…

NRS 453.3351 Additional penalty for commission of certain violations which involve methamphetamine under certain circumstances. 1. Unless a greater penalty is provided by law, and except as otherwise provided in NRS 193.169, any person who violates NRS 453.322 or 453.3385 where t…

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. 1. Unless a greater penalty is provided by law, and except as otherwis…

NRS 453.3355 Intentional misrepresentation of fentanyl product; penalties. Unless a greater penalty is provided pursuant to NRS 453.333 or 453.334, a person who sells to another person a mixture containing fentanyl and another controlled substance and who: 1. Knows that the mixtu…

NRS 453.336 Unlawful possession not for purpose of sale: Prohibition; penalties; exception. 1. Except as otherwise provided in subsection 6, a person shall not knowingly or intentionally possess a controlled substance, unless the substance was obtained directly from, or pursuant …

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. 1. A local authority may enact an ordinance adopting the penalties set forth for misdemeanor…

NRS 453.3363 Suspension of proceedings and probation of accused under certain conditions; effect of discharge and dismissal. 1. If a person who has not previously been convicted of any offense pursuant to NRS 453.011 to 453.552, inclusive, or pursuant to any statute of the United…

NRS 453.3365 Sealing of record of person convicted of possession of controlled substance not for purpose of sale; conditions. 1. Three years after a person is convicted and sentenced pursuant to subsection 3 of NRS 453.336, the court may order sealed all documents, papers and exh…

NRS 453.337 Unlawful possession for sale of flunitrazepam, gamma-hydroxybutyrate and schedule I or II substances; penalties. 1. Except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to possess for the purpose of sale fl…

NRS 453.338 Unlawful possession 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 a person to possess for the purpose of sale any controlled substance classifie…

NRS 453.3383 Determination of weight of controlled substance for purposes of NRS 453.3385, 453.3387 and 453.339. For the purposes of NRS 453.3385, 453.3387 and 453.339, the weight of the controlled substance as represented by the person selling or delivering it is determinative i…

NRS 453.3385 Trafficking in controlled substances: Flunitrazepam, gamma-hydroxybutyrate and schedule I or II substances, except marijuana. 1. Except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, a person who knowingly or intentionally sells, manu…

NRS 453.3387 Trafficking in controlled substances: Fentanyl. Except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, a person who knowingly or intentionally sells, manufactures, delivers or brings into this State or who is knowingly or intentionally…

NRS 453.339 Trafficking in controlled substances: Marijuana or concentrated cannabis. 1. Except as otherwise provided in NRS 453.011 to 453.552, inclusive, a person who knowingly or intentionally sells, manufactures, delivers or brings into this State or who is knowingly or inten…

NRS 453.3393 Unlawful to produce or process marijuana or extract concentrated cannabis; exception; penalties. 1. A person shall not knowingly or intentionally manufacture, grow, plant, cultivate, harvest, dry, propagate or process marijuana, except as specifically authorized by t…

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; suspension of sentence of person convi…

NRS 453.341 Prosecution or proceeding under prior law unaffected. 1. Prosecution for any violation of law occurring before January 1, 1972, is not affected or abated by the provisions of NRS 453.011 to 453.552, inclusive. If the offense being prosecuted is similar to one set out …

NRS 453.346 Effect of conviction or acquittal under federal or other state laws. 1. If a violation of NRS 453.011 to 453.552, inclusive, is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the sa…

NRS 453.348 Previous convictions. 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 the offender for a felony relating to controlled substances must be alleged in the indictment or information…

NRS 453.352 Definitions. As used in NRS 453.352 to 453.359, inclusive, unless the context otherwise requires, the words and terms defined in NRS 453.3525, 453.353 and 453.3535 have the meanings ascribed to them in those sections. (Added to NRS by 2007, 775, 3123)

NRS 453.3525 “Logbook” defined. “Logbook” means a written or electronic list of each sale or transfer of a product that is a precursor to methamphetamine. (Added to NRS by 2007, 775, 3123)

NRS 453.353 “Product that is a precursor to methamphetamine” defined. “Product that is a precursor to methamphetamine” means a product that contains ephedrine, pseudoephedrine or phenylpropanolamine or the salts, optical isomers or salts of optical isomers of such chemicals and m…

NRS 453.3535 “Retail distributor” defined. “Retail distributor” means a grocery store, general merchandise store, drugstore, pharmacy or other entity or person whose activities as a distributor of a product that is a precursor to methamphetamine are limited exclusively or almost …

NRS 453.354 Manner of keeping, storing or placing methamphetamine precursor. A retail distributor shall keep, store or place a product that is a precursor to methamphetamine in a locked case or cabinet or behind a counter so that the public does not have direct access to the prod…

NRS 453.355 Limitations on sale or transfer of methamphetamine precursor by retail distributor; exception. 1. Except as otherwise provided in subsection 2, a retail distributor shall not: (a) Sell or transfer to the same person during any calendar day, without regard to the numbe…

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…

NRS 453.358 Civil penalty for violation. If a retail distributor violates any provision of NRS 453.354, 453.355 or 453.357, the retail distributor is subject to a civil penalty pursuant to the provisions of NRS 453.553 to 453.5533, inclusive. (Added to NRS by 2007, 776, 3124)

NRS 453.3585 Limitations on acquisition of methamphetamine precursor; exception; penalties. 1. Except as otherwise provided in subsection 2, a person shall not knowingly or intentionally purchase, receive or otherwise acquire: (a) During any calendar day more than 3.6 grams of ep…

NRS 453.359 Penalty for entering false statement or representation in logbook. Any person who knowingly or intentionally enters a false statement or representation in a logbook is guilty of a category D felony and shall be punished as provided in NRS 193.130. (Added to NRS by 200…