Title 40

NRS 453.3628 “Prescription drug” defined. “Prescription drug” means: 1. A controlled substance or dangerous drug that may be dispensed to an ultimate user only pursuant to a lawful prescription; and 2. Any other substance or drug substituted for such a controlled substance or dan…

NRS 453.3633 Circumstances under which person has “reasonable cause to believe.” For the purposes of NRS 453.3611 to 453.3648, inclusive, a person has “reasonable cause to believe” if, in light of all the surrounding facts and circumstances which are known or which reasonably sho…

NRS 453.3635 Applicability. 1. The provisions of NRS 453.3611 to 453.3648, inclusive, do not apply to a person who is: (a) A common or contract carrier or warehouseman, or an employee thereof, unless the person is acting outside of the usual course of his or her business or emplo…

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. 1. A person who is located within this State and who owns, operates, controls, profits f…

NRS 453.3639 Unlawful acts relating to filling or refilling prescription via Internet; exception; aiding unlawful act prohibited; penalties; penalty not exclusive. 1. Except as otherwise provided in subsection 3, a person who is located within or outside this State shall not, via…

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. 1. A pr…

NRS 453.3648 Concurrent jurisdiction of Attorney General and district attorneys to prosecute violations. 1. The Attorney General has concurrent jurisdiction with the district attorneys of this State for the enforcement of the provisions of NRS 453.3611 to 453.3648, inclusive. 2. …

NRS 453.371 Definitions. As used in NRS 453.371 to 453.552, inclusive: 1. “Medical intern” means a medical graduate acting as an assistant in a hospital for the purpose of clinical training. 2. “Pharmacist” means a person who holds a certificate of registration issued pursuant to…

NRS 453.375 Persons authorized to possess and administer controlled substances. 1. A controlled substance may be possessed and administered by the following persons: (a) A practitioner. (b) A registered nurse licensed to practice professional nursing or licensed practical nurse, …

NRS 453.377 Authority to dispense controlled substances. A controlled substance may be dispensed by: 1. A registered pharmacist upon a legal prescription from a practitioner or to a pharmacy in a correctional institution upon the written order of the prescribing practitioner in c…

NRS 453.381 Limitations on prescribing, possessing, administering, transporting and dispensing controlled 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 practice registe…

NRS 453.385 Adoption of regulations governing prescriptions for controlled substances; compliance with federal law. 1. Each prescription for a controlled substance must comply with the regulations of the Board adopted pursuant to subsection 2. 2. The Board shall, by regulation, a…

NRS 453.391 Unlawful taking or obtaining of controlled substance or prescription. A person shall not: 1. Unlawfully take, obtain or attempt to take or obtain a controlled substance or a prescription for a controlled substance from a manufacturer, wholesaler, pharmacist, physician…

NRS 453.401 Penalties for conspiracy. 1. Except as otherwise provided in subsections 3 and 4, if two or more persons conspire to commit an offense which is a felony under the Uniform Controlled Substances Act or conspire to defraud the State of Nevada or an agency of the State in…

NRS 453.411 Unlawful use of controlled substance; penalty. 1. It is unlawful for a person knowingly to use or be under the influence of a controlled substance except in accordance with a lawfully issued prescription. 2. It is unlawful for a person knowingly to use or be under the…

NRS 453.421 Penalty for 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 category C felony and shall be punished as provided in NRS 193.130. (Added to NRS by 1971, 2023; A 1977, 1416; 1979, 14…

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. 1. A pharmacist shall not knowingly fill or refill any prescri…

NRS 453.505 Controlled substance for which prescription is not required: Violation of regulation by pharmacist; misrepresentation to pharmacist to obtain controlled substance; penalties. 1. Any pharmacist who violates any regulation of the Board regulating the dispensing of a con…

NRS 453.521 Unlawful possession or sale of nasal inhaler; exception. It is unlawful for any person within this State to possess, sell, offer to sell or hold for the purpose of sale or resale any nasal inhaler which contains any controlled substance capable of causing stimulation …

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. 1. Except as otherwise provided in this sec…

NRS 453.541 Sacramental use of peyote permitted. The criminal sanction provided in NRS 453.011 to 453.552, inclusive, does not apply to that plant of the genus Lophophora commonly known as peyote when such drug is used as the sacrament in religious rites of any bona fide religiou…

NRS 453.551 Immunity for acts in performance of official duties. All agents or inspectors of the Board or Division, peace officers, and the Attorney General, district attorneys and their deputies while investigating violations of the provisions of NRS 453.011 to 453.552, inclusiv…

NRS 453.552 Criminal penalties additional to civil penalties or sanctions. 1. Any penalty imposed for violation of NRS 453.011 to 453.551, inclusive, is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law. 2. Any violati…

NRS 453.553 Action to recover civil penalty: Persons liable for civil penalty; action to be brought by Attorney General or district attorney; definitions. 1. In addition to any criminal penalty imposed for a violation of the provisions of NRS 453.011 to 453.552, inclusive, any pe…

NRS 453.5531 Action to recover civil penalty: Amount of money recoverable as civil penalty. 1. The State of Nevada is entitled, in a civil action brought pursuant to NRS 453.553 involving marijuana, to a civil penalty in an amount: (a) Not to exceed $350,000, if the quantity invo…

NRS 453.5532 Money collected as civil penalty: Limitations on use. 1. Any money collected as a civil penalty pursuant to NRS 453.5531 must be used to pay the actual cost of prosecution, court costs and costs incurred for the disposal of any hazardous waste pursuant to NRS 459.400…

NRS 453.5533 Limitation on action to recover civil penalty; effect of criminal proceeding on civil action. 1. A civil action brought pursuant to NRS 453.553 must be brought within 3 years after the conduct in violation of the provisions of NRS 453.011 to 453.552, inclusive, occur…

NRS 453.554 “Drug paraphernalia” defined. 1. Except as otherwise provided in subsection 2, as used in NRS 453.554 to 453.566, inclusive, unless the context otherwise requires, “drug paraphernalia” means all equipment, products and materials of any kind which are used, intended fo…

NRS 453.556 Factors for identifying object as item of drug paraphernalia. In determining whether an object is an item of drug paraphernalia, a court or other authority, as the case may be, shall consider, in addition to all other logically relevant factors, the following: 1. Stat…

NRS 453.557 Provision, administration or use of testing product not unlawful; immunity from professional sanction or civil liability. 1. It is not unlawful to provide, administer or use a testing product to assist a person in determining whether a controlled substance contains ch…

NRS 453.558 Injunctions. The district attorney or city attorney of any county or city, respectively, in which there is drug paraphernalia, may file a complaint in the district court seeking to enjoin the possessor and owner of the drug paraphernalia from delivering or selling, or…

NRS 453.560 Unlawful delivery, sale, possession or manufacture. Unless a 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, o…

NRS 453.562 Unlawful delivery to minor. A person 18 years of age or older who violates NRS 453.560 by delivering drug paraphernalia to a person under 18 years of age who is at least 3 years his or her junior is guilty of a category C felony and shall be punished as provided in NR…

NRS 453.564 Unlawful advertising. Any person who places in any printed publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intend…

NRS 453.566 Unlawful use or possession. Any person who uses, or possesses with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale o…

NRS 453.568 Report of loss or theft of controlled substance. All loss or theft of controlled substances must be reported on forms provided by the Division to the Board and Division within 10 days after the date of discovery of the theft or loss. (Added to NRS by 1981, 1957)

NRS 453.570 Amount of controlled substance needed to sustain conviction for prohibited offense. The amount of a controlled substance needed to sustain a conviction of a person for an offense prohibited by the provisions of NRS 453.011 to 453.552, inclusive, is that amount necessa…

NRS 453.572 Prohibition on production, distribution, sale or offering to sell synthetic cannabinoid. 1. A person shall not produce, distribute, sell or offer to sell in this State any synthetic cannabinoid. 2. As used in this section, “synthetic cannabinoid” has the meaning ascri…

NRS 453.575 Fee for analysis of controlled substance or other substance or drug: Inclusion in sentence of offender; distribution and use of proceeds. 1. If a defendant pleads guilty or guilty but mentally ill to, or is found guilty or guilty but mentally ill of, any violation of …

NRS 453.577 Authority of Board not limited by authority of other regulatory bodies. The authority of the Board to take disciplinary action to enforce the provisions of this chapter is not limited by the authority of any other regulatory body that may be authorized or required to …

NRS 453.578 Reporting of certain information relating to fentanyl. 1. On or before March 1 and October 1 of each even-numbered year, each law enforcement agency and the Nevada Sentencing Commission, with the assistance of the Department of Sentencing Policy, shall submit to the J…

NRS 453.600 Declaration of legislative purpose. It is the purpose of NRS 453.600 to 453.730, inclusive, to protect and promote the health, welfare and safety of the people of this State by combating the effects of narcotic use disorder and by assisting the rehabilitation of certa…

NRS 453.660 Experimental and clinical programs; personnel; regulations. The Division of Public and Behavioral Health of the Department shall: 1. Within the limits of available funds, including, but not limited to, legislative appropriation, develop and implement experimental and …

NRS 453.670 Local governments may assist programs and services. A county or city may extend funds for the purpose of establishing or maintaining any program or service provided for in NRS 453.660. (Added to NRS by 1971, 651)

NRS 453.680 Cooperative agreements. The Division of Public and Behavioral Health of the Department may cooperate and contract with: 1. Any agency of the Federal Government; 2. Other states; 3. Any political subdivision; or 4. Any local clinic for the treatment of narcotic use dis…