NRS453.146. 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 regarding a substance, the Board shall consider the following:

      (a) The actual or relative potential for abuse;

      (b) The scientific evidence of its pharmacological effect, if known;

      (c) The state of current scientific knowledge regarding the substance;

      (d) The history and current pattern of abuse;

      (e) The scope, duration and significance of abuse;

      (f) The risk to the public health;

      (g) The potential of the substance to produce psychic or physiological dependence liability; and

      (h) Whether the substance is an immediate precursor of a controlled substance.

      3.  The Board may consider findings of the federal Food and Drug Administration or the Drug Enforcement Administration as prima facie evidence relating to one or more of the determinative factors.

      4.  After considering the factors enumerated in subsection 2, the Board shall make findings with respect thereto and adopt a regulation controlling the substance if it finds the substance has a potential for abuse.

      5.  The Board shall designate as a controlled substance a steroid or other product which is used to enhance athletic performance, muscle mass, strength or weight without medical necessity. The Board may not designate as a controlled substance an anabolic steroid which is:

      (a) Expressly intended to be administered through an implant to cattle, poultry or other animals; and

      (b) Approved by the Food and Drug Administration for such use.

      (Added to NRS by 1971, 2002; A 1973, 580, 1203; 1977, 72; 1979, 1655; 1981, 734; 1987, 1552, 1654; 1989, 1680; 1991, 1650; 1999, 2637; 2001, 1055; 2003, 551)