Nevada Drug Laws

NRS 453.316
Unlawful to open or maintain place for unlawful sale, gift or use of controlled substance; penalties; probation or suspension of sentence for certain repeat offenders not allowed

   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 B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $10,000, except as otherwise provided in subsection 2.

      2.  If a person convicted of violating this section has previously been convicted of violating this section, or if, in the case of a first conviction of violating this section, the person has been convicted of an offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under this section, the person is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $20,000. The court shall not grant probation to or suspend the sentence of a person convicted of violating this section if the person has been previously convicted under this section or of any other offense described in this subsection.

      3.  This section does not apply to any rehabilitation clinic established or licensed by the Division of Public and Behavioral Health of the Department.

      (Added to NRS by 1971, 2018; A 1973, 1406; 1977, 1410; 1979, 1471; 1995, 1281)

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

1.  Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to:

      (a) Import, transport, sell, exchange, barter, supply, prescribe, dispense, give away or administer a controlled or counterfeit substance;

      (b) Manufacture or compound a counterfeit substance; or

      (c) Offer or attempt to do any act set forth in paragraph (a) or (b).

      2.  Unless a greater penalty is provided in NRS 453.333 or 453.334, if a person violates subsection 1 and the controlled substance is classified in schedule I or II, the person is guilty of a category B felony and shall be punished:

      (a) For the first offense, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $20,000.

      (b) For a second offense, or if, in the case of a first conviction under this subsection, the offender has previously been convicted of an offense under this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to an offense under this section, by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $20,000.

      (c) For a third or subsequent offense, or if the offender has previously been convicted two or more times under this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to an offense under this section, by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $20,000 for each offense.

      3.  The court shall not grant probation to or suspend the sentence of a person convicted under subsection 2 and punishable pursuant to paragraph (b) or (c) of subsection 2.

      4.  Unless a greater penalty is provided in NRS 453.333 or 453.334, if a person violates subsection 1, and the controlled substance is classified in schedule III, IV or V, the person shall be punished:

      (a) For the first offense, for a category C felony as provided in NRS 193.130.

      (b) For a second offense, or if, in the case of a first conviction of violating this subsection, the offender has previously been convicted of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a violation of this section, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $15,000.

      (c) For a third or subsequent offense, or if the offender has previously been convicted two or more times of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a violation of this section, for a category B felony by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $20,000 for each offense.

      5.  The court shall not grant probation to or suspend the sentence of a person convicted under subsection 4 and punishable pursuant to paragraph (b) or (c) of subsection 4.

      (Added to NRS by 1971, 2018; A 1973, 1213, 1372; 1977, 1411; 1979, 1471, 1667; 1981, 739; 1983, 510; 1995, 1281; 1999, 2637)

NRS 453.322
Offer, attempt or commission of unauthorized act relating to manufacture or compounding of certain controlled substances unlawful; penalty; prohibition against probation of offenders.

   1.  Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to knowingly or intentionally:

      (a) Manufacture or compound a controlled substance other than marijuana.

      (b) Possess, with the intent to manufacture or compound a controlled substance other than marijuana, or sell, exchange, barter, supply, prescribe, dispense or give away, with the intent that the chemical be used to manufacture or compound a controlled substance other than marijuana:

             (1) Any chemical identified in subsection 4; or

             (2) Any other chemical which is proven by expert testimony to be commonly used in manufacturing or compounding a controlled substance other than marijuana. The district attorney may present expert testimony to provide a prima facie case that any chemical, whether or not it is a chemical identified in subsection 4, is commonly used in manufacturing or compounding such a controlled substance.

Ê The provisions of this paragraph do not apply to a person who, without the intent to commit an unlawful act, possesses any chemical at a laboratory that is licensed to store the chemical.

      (c) Offer or attempt to do any act set forth in paragraph (a) or (b).

      2.  Unless a greater penalty is provided in NRS 453.3385 or 453.3395, a person who violates any provision of subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $100,000.

      3.  The court shall not grant probation to a person convicted pursuant to this section.

      4.  The following chemicals are identified for the purposes of subsection 1:

      (a) Acetic anhydride.

      (b) Acetone.

      (c) N-Acetylanthranilic acid, its esters and its salts.

      (d) Anthranilic acid, its esters and its salts.

      (e) Benzaldehyde, its salts, isomers and salts of isomers.

      (f) Benzyl chloride.

      (g) Benzyl cyanide.

      (h) 1,4-Butanediol.

      (i) 2-Butanone (or methyl ethyl ketone or MEK).

      (j) Ephedrine, its salts, isomers and salts of isomers.

      (k) Ergonovine and its salts.

      (l) Ergotamine and its salts.

      (m) Ethylamine, its salts, isomers and salts of isomers.

      (n) Ethyl ether.

      (o) Gamma butyrolactone.

      (p) Hydriodic acid, its salts, isomers and salts of isomers.

      (q) Hydrochloric gas.

      (r) Iodine.

      (s) Isosafrole, its salts, isomers and salts of isomers.

      (t) Lithium metal.

      (u) Methylamine, its salts, isomers and salts of isomers.

      (v) 3,4-Methylenedioxy-phenyl-2-propanone.

      (w) N-Methylephedrine, its salts, isomers and salts of isomers.

      (x) Methyl isobutyl ketone (MIBK).

      (y) N-Methylpseudoephedrine, its salts, isomers and salts of isomers.

      (z) Nitroethane, its salts, isomers and salts of isomers.

      (aa) Norpseudoephedrine, its salts, isomers and salts of isomers.

      (bb) Phenylacetic acid, its esters and its salts.

      (cc) Phenylpropanolamine, its salts, isomers and salts of isomers.

      (dd) Piperidine and its salts.

      (ee) Piperonal, its salts, isomers and salts of isomers.

      (ff) Potassium permanganate.

      (gg) Propionic anhydride, its salts, isomers and salts of isomers.

      (hh) Pseudoephedrine, its salts, isomers and salts of isomers.

      (ii) Red phosphorous.

      (jj) Safrole, its salts, isomers and salts of isomers.

      (kk) Sodium metal.

      (ll) Sulfuric acid.

      (mm) Toluene.

      (Added to NRS by 1999, 2636; A 2003, 1396; 2007, 3126)

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 be punished as provided in NRS 193.130.

      2.  A person does not violate subsection 1 if the person:

      (a) Possesses or disposes of the methamphetamine manufacturing waste pursuant to state or federal laws regulating the storage, cleanup or disposal of waste products from unlawful methamphetamine manufacturing;

      (b) Has notified a law enforcement agency of the existence of the methamphetamine manufacturing waste; or

      (c) Possesses or disposes of methamphetamine manufacturing waste that had previously been disposed of by another person on the person’s property in violation of subsection 1.

      3.  As used in this section:

      (a) “Disposes of” means to discharge, deposit, inject, spill, leak or place methamphetamine manufacturing waste into or onto land or water.

      (b) “Methamphetamine manufacturing waste” means chemical waste or debris, used in or resulting from:

             (1) The manufacture of any material, compound, mixture or preparation which contains any quantity of methamphetamine; or

             (2) The grinding, soaking or otherwise breaking down of a substance that is a precursor for the manufacture of any material, compound, mixture or preparation which contains any quantity of methamphetamine.

      (Added to NRS by 2007, 3125)

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, notification, order form, statement, invoice or information required under the provisions of NRS 453.011 to 453.552, inclusive;

      (b) To refuse an entry into any premises for any inspection authorized by the provisions of NRS 453.011 to 453.552, inclusive; or

      (c) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft or other structure or place which is resorted to by persons using controlled substances in violation of the provisions of NRS 453.011 to 453.552, inclusive, for the purpose of using these substances, or which is used for keeping or selling them in violation of those sections.

      2.  A person who violates this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      (Added to NRS by 1971, 2019; A 1973, 1214; 1979, 1472; 1995, 1283; 1999, 2638; 2001, 1060; 2003, 557)

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 intentionally to:

      (a) Distribute as a registrant a controlled substance classified in schedule I or II, except pursuant to an order form as required by NRS 453.251;

      (b) Use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended or issued to another person;

      (c) Assume falsely the title of or represent himself or herself as a registrant or other person authorized to possess controlled substances;

      (d) Acquire or obtain or attempt to acquire or obtain possession of a controlled substance or a prescription for a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge or alteration;

      (e) Furnish false or fraudulent material information in, or omit any material information from, any application, report or other document required to be kept or filed under the provisions of NRS 453.011 to 453.552, inclusive, or any record required to be kept by those sections;

      (f) Sign the name of a fictitious person or of another person on any prescription for a controlled substance or falsely make, alter, forge, utter, publish or pass, as genuine, any prescription for a controlled substance;

      (g) Make, distribute or possess any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name or other identifying mark, imprint or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance;

      (h) Possess prescription blanks which have been signed before being filled out; or

      (i) Make a false representation to a pharmacist for the purpose of obtaining a controlled substance for which a prescription is required.

      2.  A person who violates this section is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      (Added to NRS by 1971, 2019; A 1973, 1214; 1975, 988; 1979, 1318; 1981, 1962; 1985, 886; 1987, 950; 1995, 1283)

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.  Except as otherwise provided in subsection 3, a person who violates subsection 1 is guilty of a misdemeanor.

      3.  A person who is 18 years of age or older who distributes or sells an imitation controlled substance to a person who is under the age of 18 years is guilty of a category C felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court may order the convicted person to pay restitution for any reasonable costs incurred for the participation of the person to whom he or she distributed or sold the imitation controlled substance in a program for the treatment of the abuse of controlled substances. If the court orders the convicted person to make such restitution, the court shall notify the parent, guardian or other person legally responsible for the person to whom the imitation controlled substance was distributed or sold that such restitution has been ordered.

      4.  A person who:

      (a) Uses or possesses with the intent to use an imitation controlled substance; or

      (b) Advertises or solicits in any manner with reasonable knowledge that the advertisement or solicitation is to promote the distribution of an imitation controlled substance,

Ê is guilty of a gross misdemeanor upon the person’s first and second convictions, and upon a third or any further conviction, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      5.  For the purposes of this section:

      (a) “Distribute” means the actual, constructive or attempted transfer, delivery or dispensing to another of an imitation controlled substance.

      (b) “Imitation controlled substance” means a substance, not a controlled substance, which:

             (1) In the form distributed is shaped, marked or colored so as to lead a reasonable person to believe it is a controlled substance; or

             (2) Is represented to be a controlled substance. In determining whether such a representation was made, the court shall consider, in addition to all other logically relevant factors:

                   (I) Statements made by the defendant regarding the nature of the substance, its use or effect.

                   (II) Statements made by the defendant regarding the recipient’s ability to resell the substance at a substantially higher price than is customary for the substance.

                   (III) Whether the substance is packaged in a manner normally used for illicit controlled substances.

      6.  This section does not apply to the manufacture, distribution, sale or possession of an imitation controlled substance for use as a placebo by a practitioner in the course of his or her professional practice or research.

      (Added to NRS by 1983, 920; A 1995, 1284; 1999, 748)

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 conveyance or upon any premises wherein a controlled substance other than marijuana:

      (a) Is being used in violation of the provisions of NRS 453.011 to 453.552, inclusive, if the person in any manner knowingly engages in or conspires with, aids or abets another person to engage in such activity;

      (b) Is being sold, exchanged, bartered, supplied, prescribed, dispensed, given away or administered in violation of the provisions of NRS 453.011 to 453.552, inclusive, if the person in any manner knowingly engages in or conspires with, aids or abets another person to engage in such activity; or

      (c) Is being or has been manufactured or compounded in violation of the provisions of NRS 453.011 to 453.552, inclusive, if the person in any manner knowingly engages in or conspires with, aids or abets another person to engage in such activity.

      2.  Unless a greater penalty is provided by specific statute:

      (a) A person who violates the provisions of paragraph (a) of subsection 1:

             (1) If the violation does not proximately cause substantial bodily harm or death to the child, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

             (2) If the violation proximately causes substantial bodily harm to the child other than death, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 6 years and a maximum term of not more than 20 years, and shall be further punished by a fine of not more than $20,000.

             (3) If the violation proximately causes the death of the child, is guilty of murder, which is a category A felony, and shall be punished as provided in NRS 200.030.

      (b) A person who violates the provisions of paragraph (b) of subsection 1:

             (1) If the violation does not proximately cause substantial bodily harm or death to the child, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and shall be further punished by a fine of not more than $10,000.

             (2) If the violation proximately causes substantial bodily harm to the child other than death, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 6 years and a maximum term of not more than 20 years, and shall be further punished by a fine of not more than $20,000.

             (3) If the violation proximately causes the death of the child, is guilty of murder, which is a category A felony, and shall be punished as provided in NRS 200.030.

      (c) A person who violates the provisions of paragraph (c) of subsection 1:

             (1) If the violation does not proximately cause substantial bodily harm or death to the child, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 20 years, and shall be further punished by a fine of not more than $15,000.

             (2) If the violation proximately causes substantial bodily harm to the child other than death, is guilty of a category A felony and shall be punished by imprisonment in the state prison:

                   (I) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

                   (II) For a definite term of 40 years, with eligibility for parole beginning when a minimum of 10 years has been served,

Ê and shall be further punished by a fine of not more than $50,000.

             (3) If the violation proximately causes the death of the child, is guilty of murder, which is a category A felony, and shall be punished as provided in NRS 200.030.

      3.  Except as otherwise provided in NRS 453.3363, the court shall not grant probation to or suspend the sentence of a person convicted pursuant to this section.

      4.  As used in this section:

      (a) “Child” means a person who is less than 18 years of age.

      (b) “Conveyance” means any vessel, boat, vehicle, airplane, glider, house trailer, travel trailer, motor home or railroad car, or other means of conveyance.

      (c) “Premises” means any temporary or permanent structure, including, without limitation, any building, house, room, apartment, tenement, shed, carport, garage, shop, warehouse, store, mill, barn, stable, outhouse or tent, whether located aboveground or underground and whether inhabited or not.

      (Added to NRS by 2005, 1056)

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 person who sold, gave or traded or otherwise made the substance available to him or her is guilty of murder. If convicted of murder in the second degree, the person is guilty of a category A felony and shall be punished as provided in subsection 5 of NRS 200.030. If convicted of murder in the first degree, the person is guilty of a category A felony and shall be punished as provided in subsection 4 of NRS 200.030, except that the punishment of death may be imposed only if the requirements of paragraph (a) of subsection 4 of that section have been met and if the defendant is or has previously been convicted of violating NRS 453.3385, 453.339 or 453.3395 or a law of any other jurisdiction which prohibits the same conduct.

(Added to NRS by 1983, 510; A 1985, 1598; 1987, 1462; 1995, 1285)

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 453.333 where:

      (a) The use of the controlled substance by a person resulted in death or substantial bodily harm to the person;

      (b) The defendant was in the presence of the injured person when the injured person manifested an adverse physical reaction to the controlled substance; and

      (c) The defendant failed to render or seek necessary medical assistance for the injured person in a timely manner,

Ê shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section runs consecutively with the sentence prescribed by statute for the crime.

      2.  This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

      (Added to NRS by 2003, 871)

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 and shall be punished for a second or subsequent violation by imprisonment in the state prison:

      1.  For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served; or

      2.  For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served,

Ê and may be further punished by a fine of not more than $20,000. In addition to any other penalty, the court may order a person who is 18 years of age or older who is convicted of selling a controlled substance to a minor in violation of this chapter to pay restitution for any reasonable costs incurred for the participation of the minor in a program for the treatment of the abuse of controlled substances. If the court orders the convicted person to make such restitution, the court shall notify the parent, guardian or other person legally responsible for the minor that such restitution has been ordered.

      (Added to NRS by 1983, 510; A 1995, 1285; 1999, 749)

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 person who violates NRS 453.321 or 453.322:

      (a) On the grounds of a public or private school, a playground, public park, public swimming pool, recreational center for youths or a video arcade;

      (b) On a campus of the Nevada System of Higher Education;

      (c) Within 1,000 feet of the perimeter of such a school ground or campus, playground, park, pool, recreational center or arcade; or

      (d) Within 1,000 feet of a school bus stop from 1 hour before school begins until 1 hour after school ends during scheduled school days,

Ê must be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section runs consecutively with the sentence prescribed by statute for the crime.

      2.  This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

      3.  For the purposes of this section:

      (a) “Playground” means any outdoor facility, intended for recreation, open to the public and in any portion thereof containing one or more apparatus intended for the recreation of children, such as a sliding board, teeterboard, sandbox or swingset.

      (b) “Recreational center for youths” means a recreational facility or gymnasium which regularly provides athletic, civic or cultural activities for persons under 18 years of age.

      (c) “School bus” has the meaning ascribed to it in NRS 483.160.

      (d) “Video arcade” means a facility legally accessible to persons under 18 years of age, intended primarily for the use of pinball and video machines for amusement and which contains a minimum of 10 such machines.

      (Added to NRS by 1989, 2066; A 1991, 1060; 1993, 406; 1999, 731, 2639; 2001, 193, 194; 2003, 383)

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, 453.3385 or 453.3395 where the violation included the manufacture of any material, compound, mixture or preparation which contains any quantity of methamphetamine:

      (a) Within 500 feet of a residence, business, church, synagogue or other place of religious worship, public or private school, campus of the Nevada System of Higher Education, playground, public park, public swimming pool or recreational center for youths; or

      (b) In a manner which creates a great risk of death or substantial bodily harm to another person,

Ê shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the crime. The sentence prescribed by this section runs consecutively with the sentence prescribed by statute for the crime.

      2.  This section does not create a separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

      3.  For the purposes of this section:

      (a) “Playground” has the meaning ascribed to it in NRS 453.3345.

      (b) “Recreational center for youths” has the meaning ascribed to it in NRS 453.3345.

      (c) “Residence” means any house, room, apartment, tenement, manufactured home as defined in NRS 489.113, or mobile home as defined in NRS 489.120, that is designed or intended for occupancy.

      (Added to NRS by 2003, 339; A 2005, 1058)

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 otherwise provided in this section and NRS 193.169, if:

      (a) A person violates NRS 453.322, 453.3385 or 453.3395, and the violation involves the manufacturing or compounding of any controlled substance other than marijuana; and

      (b) During the discovery or cleanup of the premises at, on or in which the controlled substance was manufactured or compounded, another person suffers substantial bodily harm other than death as the proximate result of the manufacturing or compounding of the controlled substance,

Ê the person who committed the offense shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the offense. The sentence prescribed by this subsection runs consecutively with the sentence prescribed by statute for the offense.

      2.  Unless a greater penalty is provided by law, and except as otherwise provided in NRS 193.169, if:

      (a) A person violates NRS 453.322, 453.3385 or 453.3395, and the violation involves the manufacturing or compounding of any controlled substance other than marijuana; and

      (b) During the discovery or cleanup of the premises at, on or in which the controlled substance was manufactured or compounded, another person suffers death as the proximate result of the manufacturing or compounding of the controlled substance,

Ê the offense shall be deemed a category A felony and the person who committed the offense shall be punished by imprisonment in the state prison:

             (1) For life without the possibility of parole;

             (2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or

             (3) For a definite term of 50 years, with eligibility for parole beginning when a minimum of 20 years has been served.

      3.  Subsection 1 does not create a separate offense but provides an additional penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact. Subsection 2 does not create a separate offense but provides an alternative penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact.

      4.  As used in this section, “premises” means:

      (a) Any temporary or permanent structure, including, without limitation, any building, house, room, apartment, tenement, shed, carport, garage, shop, warehouse, store, mill, barn, stable, outhouse or tent; or

      (b) Any conveyance, including, without limitation, any vessel, boat, vehicle, airplane, glider, house trailer, travel trailer, motor home or railroad car,

Ê whether located aboveground or underground and whether inhabited or not.

      (Added to NRS by 2005, 945)

NRS 453.336
Unlawful possession not for purpose of sale: Prohibition; penalties; exception

1.  Except as otherwise provided in subsection 5, a person shall not knowingly or intentionally possess a controlled substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician, optometrist, advanced practice registered nurse or veterinarian while acting in the course of his or her professional practice, or except as otherwise authorized by the provisions of NRS 453.005 to453.552, inclusive.

      2.  Except as otherwise provided in subsections 3 and 4 and in NRS 453.3363, and unless a greater penalty is provided in NRS 212.160, 453.3385, 453.339 or 453.3395, a person who violates this section shall be punished:

      (a) For the first or second offense, if the controlled substance is listed in schedule I, II, III or IV, for a category E felony as provided in NRS 193.130.

      (b) For a third or subsequent offense, if the controlled substance is listed in schedule I, II, III or IV, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.

      (c) For the first offense, if the controlled substance is listed in schedule V, for a category E felony as provided in NRS 193.130.

      (d) For a second or subsequent offense, if the controlled substance is listed in schedule V, for a category D felony as provided in NRS 193.130.

      3.  Unless a greater penalty is provided in NRS 212.160, 453.337 or 453.3385, a person who is convicted of the possession of flunitrazepam or gamma-hydroxybutyrate, or any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.

      4.  Unless a greater penalty is provided pursuant to NRS 212.160, a person who is convicted of the possession of 1 ounce or less of marijuana:

      (a) For the first offense, is guilty of a misdemeanor and shall be:

             (1) Punished by a fine of not more than $600; or

             (2) Examined by an approved facility for the treatment of abuse of drugs to determine whether the person is a drug addict and is likely to be rehabilitated through treatment and, if the examination reveals that the person is a drug addict and is likely to be rehabilitated through treatment, assigned to a program of treatment and rehabilitation pursuant to NRS 453.580.

      (b) For the second offense, is guilty of a misdemeanor and shall be:

             (1) Punished by a fine of not more than $1,000; or

             (2) Assigned to a program of treatment and rehabilitation pursuant to NRS 453.580.

      (c) For the third offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140.

      (d) For a fourth or subsequent offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      5.  It is not a violation of this section if a person possesses a trace amount of a controlled substance and that trace amount is in or on a hypodermic device obtained from a sterile hypodermic device program pursuant to NRS 439.985 to 439.994, inclusive.

      6.  As used in this section:

      (a) “Controlled substance” includes flunitrazepam, gamma-hydroxybutyrate and each substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.

      (b) “Sterile hypodermic device program” has the meaning ascribed to it in NRS 439.943.

      (Added to NRS by 1971, 2019; A 1973, 1214; 1977, 1413; 1979, 1473; 1981, 740, 1210, 1962; 1983, 289; 1987, 759; 1991, 1660; 1993, 2234; 1995, 1285, 1719; 1997, 521, 525, 903; 1999, 1917; 2001, 410, 785, 797, 3067; 2007, 1864; 2013, 2084, 3173)

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 misdemeanors in NRS 453.336 for similar offenses under a local ordinance. The ordinance must set forth the manner in which money collected from fines imposed by a court for a violation of the ordinance must be disbursed in accordance with subsection 2.

      2.  Money collected from fines imposed by a court for a violation of an ordinance enacted pursuant to subsection 1 must be evenly allocated among:

      (a) Nonprofit programs for the treatment of abuse of alcohol or drugs that are certified by the Division of Public and Behavioral Health of the Department;

      (b) A program of treatment and rehabilitation established by a court pursuant to NRS 453.580, if any; and

      (c) Local law enforcement agencies,

Ê in a manner determined by the court.

      3.  As used in this section, “local authority” means the governing board of a county, city or other political subdivision having authority to enact ordinances.

      (Added to NRS by 2001, 3066)

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 States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant or hallucinogenic substances tenders a plea of guilty, guilty but mentally ill, nolo contendere or similar plea to a charge pursuant to subparagraph (1) of paragraph (a) of subsection 2 of NRS 453.3325, subsection 2 or 3 of NRS 453.336, NRS 453.411 or 454.351, or is found guilty or guilty but mentally ill of one of those charges, the court, without entering a judgment of conviction and with the consent of the accused, may suspend further proceedings and place the person on probation upon terms and conditions that must include attendance and successful completion of an educational program or, in the case of a person dependent upon drugs, of a program of treatment and rehabilitation pursuant to NRS 453.580.

      2.  Upon violation of a term or condition, the court may enter a judgment of conviction and proceed as provided in the section pursuant to which the accused was charged. Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, upon violation of a term or condition, the court may order the person to the custody of the Department of Corrections.

      3.  Upon fulfillment of the terms and conditions, the court shall discharge the accused and dismiss the proceedings against him or her. A nonpublic record of the dismissal must be transmitted to and retained by the Division of Parole and Probation of the Department of Public Safety solely for the use of the courts in determining whether, in later proceedings, the person qualifies under this section.

      4.  Except as otherwise provided in subsection 5, discharge and dismissal under this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the person discharged, in the contemplation of the law, to the status occupied before the arrest, indictment or information. The person may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made of the person for any purpose. Discharge and dismissal under this section may occur only once with respect to any person.

      5.  A professional licensing board may consider a proceeding under this section in determining suitability for a license or liability to discipline for misconduct. Such a board is entitled for those purposes to a truthful answer from the applicant or licensee concerning any such proceeding with respect to the applicant or licensee.

      (Added to NRS by 1991, 1647; A 1993, 1234, 1622; 1995, 557, 2468; 1997, 1189; 2001, 1061, 2624, 3068; 2001 Special Session, 241; 2003, 289, 306, 557, 1486; 2005, 1058; 2007, 1446)

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 exhibits in that person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order, if the:

      (a) Person fulfills the terms and conditions imposed by the court and the parole and probation officer; and

      (b) Court, after a hearing, is satisfied that the person is rehabilitated.

      2.  Except as limited by subsection 4, after an accused is discharged from probation pursuant to NRS 453.3363, the court shall order sealed all documents, papers and exhibits in that person’s record, minute book entries and entries on dockets, and other documents relating to the case in the custody of such other agencies and officers as are named in the court’s order if the person fulfills the terms and conditions imposed by the court and the Division of Parole and Probation of the Department of Public Safety. The court shall order those records sealed without a hearing unless the Division of Parole and Probation petitions the court, for good cause shown, not to seal the records and requests a hearing thereon.

      3.  If the court orders sealed the record of a person discharged pursuant to NRS 453.3363, it shall cause a copy of the order to be sent to each agency or officer named in the order. Each such agency or officer shall notify the court in writing of its compliance with the order.

      4.  A professional licensing board is entitled, for the purpose of determining suitability for a license or liability to discipline for misconduct, to inspect and to copy from a record sealed pursuant to this section.

      (Added to NRS by 1987, 759; A 1991, 1662; 1993, 1624; 2001, 2625; 2009, 421)

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 flunitrazepam, gamma-hydroxybutyrate, any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor or any controlled substance classified in schedule I or II.

      2.  Unless a greater penalty is provided in NRS 453.3385, 453.339 or 453.3395, a person who violates this section shall be punished:

      (a) For the first offense, for a category D felony as provided in NRS 193.130.

      (b) For a second offense, or if, in the case of a first conviction of violating this section, the offender has previously been convicted of a felony under the Uniform Controlled Substances Act or of an offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under the Uniform Controlled Substances Act, for a category C felony as provided in NRS 193.130.

      (c) For a third or subsequent offense, or if the offender has previously been convicted two or more times of a felony under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under the Uniform Controlled Substances Act, for a category B felony by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $20,000 for each offense.

      3.  The court shall not grant probation to or suspend the sentence of a person convicted of violating this section and punishable pursuant to paragraph (b) or (c) of subsection 2.

      (Added to NRS by 1977, 1407; A 1981, 742; 1983, 291; 1995, 1287; 1997, 904)

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 classified in schedule III, IV or V.

      2.  A person who violates this section shall be punished:

      (a) For the first and second offense, for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $10,000.

      (b) For a third or subsequent offense, or if the offender has been previously convicted two or more times of a felony under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under the Uniform Controlled Substances Act, for a category C felony as provided in NRS 193.130.

      3.  The court shall not grant probation to or suspend the sentence of a person convicted of violating this section and punishable under paragraph (b) of subsection 2.

      (Added to NRS by 1977, 1407; A 1979, 1474; 1981, 743; 1995, 1287; 1997, 523)

NRS 453.3385
Trafficking in controlled substances: Flunitrazepam, gamma-hydroxybutyrate and schedule I substances, except marijuana.

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 in actual or constructive possession of flunitrazepam, gamma-hydroxybutyrate, any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor or any controlled substance which is listed in schedule I, except marijuana, or any mixture which contains any such controlled substance, shall be punished, unless a greater penalty is provided pursuant to NRS 453.322, if the quantity involved:

      1.  Is 4 grams or more, but less than 14 grams, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years and by a fine of not more than $50,000.

      2.  Is 14 grams or more, but less than 28 grams, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years and by a fine of not more than $100,000.

      3.  Is 28 grams or more, for a category A felony by imprisonment in the state prison:

      (a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

      (b) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served,

Ê and by a fine of not more than $500,000.

      (Added to NRS by 1983, 287; A 1995, 1288; 1997, 905; 1999, 2639)

NRS 453.339
Trafficking in controlled substances: Marijuana

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 intentionally in actual or constructive possession of marijuana shall be punished, if the quantity involved:

      (a) Is 100 pounds or more, but less than 2,000 pounds, for a category C felony as provided in NRS 193.130 and by a fine of not more than $25,000.

      (b) Is 2,000 pounds or more, but less than 10,000 pounds, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years and by a fine of not more than $50,000.

      (c) Is 10,000 pounds or more, for a category A felony by imprisonment in the state prison:

             (1) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served; or

             (2) For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served,

Ê and by a fine of not more than $200,000.

      2.  For the purposes of this section:

      (a) “Marijuana” means all parts of any plant of the genus Cannabis, whether growing or not.

      (b) The weight of marijuana is its weight when seized or as soon as practicable thereafter.

      (Added to NRS by 1983, 287; A 1989, 661; 1995, 1288)

NRS 453.3393
Unlawful to produce or process marijuana; exception; penalties. [Effective April 1, 2014.

1.  A person shall not knowingly or intentionally manufacture, grow, plant, cultivate, harvest, dry, propagate or process marijuana, except as specifically authorized by the provisions of this chapter or chapter 453A of NRS.

      2.  Unless a greater penalty is provided in NRS 453.339, a person who violates subsection 1, if the quantity involved is more than 12 marijuana plants, irrespective of whether the marijuana plants are mature or immature, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      3.  In addition to any punishment imposed pursuant to subsection 2, the court shall order a person convicted of a violation of subsection 1 to pay all costs associated with any necessary cleanup and disposal related to the manufacturing, growing, planting, cultivation, harvesting, drying, propagation or processing of the marijuana.

      (Added to NRS by 2013, 3700, effective April 1, 2014)

NRS 453.3395
Trafficking in controlled substances: Schedule II substances

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 intentionally in actual or constructive possession of any controlled substance which is listed in schedule II or any mixture which contains any such controlled substance shall be punished, unless a greater penalty is provided pursuant to NRS 453.322, if the quantity involved:

      1.  Is 28 grams or more, but less than 200 grams, for a category C felony as provided in NRS 193.130 and by a fine of not more than $50,000.

      2.  Is 200 grams or more, but less than 400 grams, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years and by a fine of not more than $100,000.

      3.  Is 400 grams or more, for a category A felony by imprisonment in the state prison:

      (a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served; or

      (b) For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served,

Ê and by a fine of not more than $250,000.

      (Added to NRS by 1983, 288; A 1995, 1289; 1999, 2640)

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

 1.  Except as otherwise provided in subsection 2, the adjudication of guilt and imposition of sentence of a person found guilty of trafficking in a controlled substance in violation of NRS 453.3385, 453.339 or 453.3395 must not be suspended and the person is not eligible for parole until the person has actually served the mandatory minimum term of imprisonment prescribed by the section under which the person was convicted.

      2.  The court, upon an appropriate motion, may reduce or suspend the sentence of any person convicted of violating any of the provisions of NRS 453.3385, 453.339 or 453.3395 if the court finds that the convicted person rendered substantial assistance in the investigation or prosecution of any offense. The arresting agency must be given an opportunity to be heard before the motion is granted. Upon good cause shown, the motion may be heard in camera.

      3.  Any appropriate reduction or suspension of a sentence pursuant to subsection 2 must be determined by the court, for reasons stated by the court that may include, without limitation, consideration of the following:

      (a) The court’s evaluation of the significance and usefulness of the convicted person’s assistance, taking into consideration the prosecuting attorney’s evaluation of the assistance rendered;

      (b) The truthfulness, completeness and reliability of any information or testimony provided by the convicted person;

      (c) The nature and extent of the convicted person’s assistance;

      (d) Any injury suffered or any danger or risk of injury to the convicted person or his or her family resulting from his or her assistance; and

      (e) The timeliness of the convicted person’s assistance.

      (Added to NRS by 1983, 288; A 1985, 159; 2009, 370)

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 in NRS 453.321 to 453.552, inclusive, then the penalties under NRS 453.321 to 453.552, inclusive, apply if they are less than those under prior law.

      2.  Civil seizures or forfeitures and injunctive proceedings commenced before January 1, 1972, are not affected by the provisions of NRS 453.011 to 453.552, inclusive.

      3.  All administrative proceedings pending under prior laws which are superseded by NRS 453.011 to 453.552, inclusive, must be continued and brought to a final determination in accord with the laws and rules in effect before January 1, 1972. Any substance controlled under prior law which is not listed within schedules I to V, inclusive, is automatically controlled without further proceedings and must be listed in the appropriate schedule.

      4.  The Board shall initially permit persons to register who own or operate any establishment engaged in the dispensing of any controlled substance before January 1, 1972, and who are registered or licensed by the State.

      5.  NRS 453.011 to 453.552, inclusive, apply to violations of law, seizures and forfeiture, injunctive proceedings, administrative proceedings and investigations which occur on or after January 1, 1972.

      (Added to NRS by 1971, 2021; A 1973, 1216; 1995, 300; 1997, 510)

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 same act is a bar to prosecution in this State.

      2.  The provisions of subsection 1 do not prohibit any licensing board within this State from proceeding administratively to suspend or revoke any certificate, license or permit held by any person who has been convicted of a violation of any federal or state controlled substance law.

      (Added to NRS by 1971, 2021; A 2001, 1061; 2003, 558)

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 charging the primary offense, but the conviction may not be alluded to on the trial of the primary offense nor may any evidence of the previous offense be produced in the presence of the jury except as otherwise prescribed by law. If the offender pleads guilty or guilty but mentally ill to, or is convicted of, the primary offense but denies any previous conviction charged, the court shall determine the issue after hearing all relevant evidence. A certified copy of a conviction of a felony is prima facie evidence of the conviction.

      (Added to NRS by 1977, 1408; A 1981, 1647; 1983, 511; 1995, 2468; 1999, 2640; 2003, 1487; 2007, 1447)

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 number of transactions, more than 3.6 grams of ephedrine base, pseudoephedrine base or phenylpropanolamine base or the salts, optical isomers or salts of optical isomers of such chemicals in a product that is a precursor to methamphetamine.

      (b) Sell or transfer to the same person during any 30-day period, without regard to the number of transactions, more than 9 grams of ephedrine base, pseudoephedrine base or phenylpropanolamine base or the salts, optical isomers or salts of optical isomers of such chemicals in a product that is a precursor to methamphetamine.

      (c) Sell at retail and in nonliquid form a product that is a precursor to methamphetamine, including, without limitation, gel caps, unless:

             (1) The product is packaged in blister packs, each blister containing not more than two dosage units; or

             (2) If the use of blister packs is technically infeasible, the product is packaged in unit dosage packets or pouches.

      2.  The provisions of subsection 1 do not apply if:

      (a) Pursuant to 21 U.S.C. § 830(e)(3), the Attorney General of the United States has determined that a product that is a precursor to methamphetamine cannot be used to manufacture methamphetamine and provided by regulation that the product is exempt from the provisions of 21 U.S.C. § 830(d).

      (b) The person who seeks to obtain a product that is a precursor to methamphetamine has a valid prescription for the product.

      (Added to NRS by 2007, 775, 3123; A 2013, 378)

NRS 453.357
Retail distributor required 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

 1.  A retail distributor shall maintain a logbook.

      2.  At the time of the sale or transfer of a product that is a precursor to methamphetamine, a retail distributor shall ensure that the following information is entered in the logbook:

      (a) The name of the product sold or transferred;

      (b) The quantity of the product sold or transferred;

      (c) The name and address of the purchaser or transferee;

      (d) The date and time of the sale or transfer; and

      (e) The type and number of the identification presented by the purchaser or transferee pursuant to paragraph (a) of subsection 3.

      3.  A retail distributor shall not sell or transfer a product that is a precursor to methamphetamine unless:

      (a) The prospective purchaser or transferee:

             (1) Presents an identification card which provides a photograph and which is issued by the Federal Government, this State or any other state, or a document that, with respect to identification, is considered acceptable pursuant to 21 U.S.C. § 830(e)(1); and

             (2) Signs his or her name in the logbook.

      (b) The retail distributor:

             (1) Determines that the name entered in the logbook corresponds to the name provided on the identification presented by the prospective purchaser or transferee; and

             (2) Has consulted the real-time, stop sale system, if required pursuant to NRS 639.440.

      4.  The retail distributor must include in the logbook or otherwise post or provide to a prospective purchaser or transferee a notice that entering a false statement or representation in the logbook may subject the prospective purchaser or transferee to criminal penalties under state law, as set forth in NRS 453.359, and under federal law, as set forth in 18 U.S.C. § 1001.

      5.  A retail distributor shall maintain each entry in the logbook for not less than 2 years after the date on which the entry is made.

      6.  A retail distributor shall not access, use or share the information in the logbook unless the accessing, using or sharing of the information is allowed by federal law or unless the purpose of accessing, using or sharing the information is to ensure compliance with this chapter or to facilitate a product recall to protect the health and safety of the public.

      7.  Upon a request, which is made for the purpose of enforcing the provisions of NRS 453.352 to 453.359, inclusive, or 639.400 to 639.450, inclusive, by a law enforcement agency of this State or a political subdivision thereof or a law enforcement agency of the Federal Government, a retail distributor shall disclose the information in the logbook to the law enforcement agency.

      (Added to NRS by 2007, 776, 3124; A 2013, 378)

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 ephedrine base, pseudoephedrine base or phenylpropanolamine base or the salts, optical isomers or salts of optical isomers of such chemicals in a product that is a precursor to methamphetamine; or

      (b) During any 30-day period, more than 9 grams of ephedrine base, pseudoephedrine base or phenylpropanolamine base or the salts, optical isomers or salts of optical isomers of such chemicals in a product that is a precursor to methamphetamine.

      2.  The provisions of this section do not apply if the person purchasing, receiving or otherwise acquiring a product that is a precursor to methamphetamine is a pharmacy, practitioner, retail distributor, wholesale distributor or dispenser that is purchasing, receiving or otherwise acquiring the product for the purpose of administering, distributing or dispensing it in a lawful manner.

      3.  A person who violates any of the provisions of this section is guilty of a misdemeanor, except that:

      (a) If the person violates any of the provisions of this section after a prior conviction under this chapter or the law of the United States or of any state, territory or district relating to a controlled substance has become final, the person is guilty of a gross misdemeanor; and

      (b) If the person violates any of the provisions of this section after two or more prior convictions under this chapter or the law of the United States or of any state, territory or district relating to a controlled substance, or a combination of two or more such prior convictions, have become final, the person is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      (Added to NRS by 2007, 776, 3125)