CHAPTER453. Controlled Substances  


GENERAL PROVISIONS
NRS 453.005. Applicability of chapter to medical use of marijuana.
UNIFORM CONTROLLED SUBSTANCES ACT
General Provisions
NRS 453.011. Short title; purpose.
NRS 453.013. Uniformity of interpretation.
NRS 453.016. Definitions.
NRS 453.021. “Administer” defined.
NRS 453.023. “Advanced practice registered nurse” defined.
NRS 453.026. “Agent” defined.
NRS 453.031. “Board” defined.
NRS 453.038. “Chart order” defined.
NRS 453.039. “Compound” and “compounding” defined.
NRS 453.043. “Controlled substance analog” defined.
NRS 453.046. “Counterfeit substance” defined.
NRS 453.051. “Deliver” and “delivery” defined.
NRS 453.053. “Department” defined.
NRS 453.056. “Dispense” defined.
NRS 453.061. “Dispenser” defined.
NRS 453.066. “Distribute” defined.
NRS 453.071. “Distributor” defined.
NRS 453.076. “Division” defined.
NRS 453.081. “Drug” defined.
NRS 453.082. “Drug Enforcement Administration” defined.
NRS 453.083. “Fill” defined.
NRS 453.085. “Hospital” defined.
NRS 453.086. “Immediate precursor” defined.
NRS 453.087. “Institutional pharmacy” defined.
NRS 453.0875. “Isomer” defined.
NRS 453.091. “Manufacture” defined.
NRS 453.096. “Marijuana” defined.
NRS 453.098. “Narcotic addict” defined.
NRS 453.099. “Narcotic addiction” defined.
NRS 453.101. “Narcotic drug” defined.
NRS 453.106. “Opiate” defined.
NRS 453.111. “Opium poppy” defined.
NRS 453.113. “Person” defined.
NRS 453.117. “Pharmacy” defined.
NRS 453.118. “Pharmacy in a correctional institution” defined.
NRS 453.121. “Poppy straw” defined.
NRS 453.126. “Practitioner” defined.
NRS 453.128. “Prescription” defined.
NRS 453.131. “Production” defined.
NRS 453.134. “Refill” defined.
NRS 453.136. “State” defined.
NRS 453.137. “Steroid” defined.
NRS 453.141. “Ultimate user” defined.
NRS 453.146. Powers and duties of Board.
NRS 453.151. Cooperative arrangements; confidentiality of information.
NRS 453.153. Cooperation between Board and Division required.
NRS 453.154. Division required to prepare certain reports concerning controlled substances; Division and Board may enter into agreements with public agencies; requirements.
NRS 453.1545. Development of computerized program to track prescriptions for controlled substances; course of training required for persons who access database; reporting of illegal activity; agreements with state agency of another state to receive or exchange information obtained by program; confidentiality of information obtained from program; immunity from liability for practitioner who transmits certain required information and reports; gifts, grants and donations.
NRS 453.155. Programs for research and education.
NRS 453.157. Confidentiality of information concerning research or medical practice.
NRS 453.159. Existing orders or regulations unaffected.
Schedules
NRS 453.166. Schedule I tests.
NRS 453.176. Schedule II tests.
NRS 453.186. Schedule III tests.
NRS 453.196. Schedule IV tests.
NRS 453.206. Schedule V tests.
NRS 453.211. Review, revision and dissemination of schedules.
NRS 453.216. Nomenclature.
NRS 453.218. Addition of immediate precursor to schedule.
NRS 453.2182. Treatment by Board when substance is designated, rescheduled or deleted as controlled substance by federal law.
NRS 453.2184. Scheduling of substance by extraordinary regulation.
NRS 453.2186. Board prohibited from including certain substances on schedule; exceptions; required considerations.
NRS 453.2188. Placement of substance in schedule allowed if controlled by federal law pursuant to international treaty, convention or protocol.
NRS 453.219. Controlled substance analog: Treatment as substance in schedule I; notice of prosecution; determination by Board.
Regulations
NRS 453.221. Regulations; fees.
NRS 453.226. Requirements for registration; authority of registrant; exemptions and waivers; inspections.
NRS 453.231. Registration: Public interest; specific controlled substances; research.
NRS 453.232. Penalty for failure to register.
NRS 453.233. Notice of conviction of registered person to be furnished.
NRS 453.236. Suspension, revocation of registration; seizure, placement under seal of controlled substance owned or possessed by registrant; notification of Drug Enforcement Administration and Division concerning suspension, revocation or forfeiture; registrant prohibited from employing person whose pharmacist’s certificate was suspended or revoked.
NRS 453.241. Administrative proceedings to deny, suspend or revoke registration.
NRS 453.246. Recordkeeping and inventory requirements for registrants.
NRS 453.251. Order forms.
NRS 453.256. Prescriptions; requirements for dispensing certain substances; penalty.
NRS 453.257. Filling second or subsequent prescriptions.
Enforcement
NRS 453.261. Administrative inspections.
NRS 453.266. Administrative warrant for inspection.
NRS 453.271. Powers of enforcement of officers and employees of Division.
NRS 453.276. Injunctions.
NRS 453.281. Burden of proof; immunity of officers from liability.
NRS 453.286. Judicial review.
Forfeitures
NRS 453.301. Property subject to forfeiture.
NRS 453.305. Forfeiture of real property or mobile home: Notices to owner.
NRS 453.311. Controlled substances; plants; seizure and forfeiture.
Offenses and Penalties
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.
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.
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.
NRS 453.324. Unlawful to possess or dispose of methamphetamine manufacturing waste; exception; penalty.
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.
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.
NRS 453.332. Unlawful acts relating to imitation controlled substances; penalties.
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.
NRS 453.333. Penalties for making available controlled substance which causes death.
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.
NRS 453.334. Penalty for second or subsequent offense of sale of controlled substance to minor.
NRS 453.3345. Additional penalty for commission of certain violations at or near school, school bus stop, recreational facilities for minors or public park.
NRS 453.3351. Additional penalty for commission of certain violations which involve methamphetamine under certain circumstances.
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.
NRS 453.336. Unlawful possession not for purpose of sale: Prohibition; penalties; exception.
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.
NRS 453.3363. Suspension of proceedings and probation of accused under certain conditions; effect of discharge and dismissal.
NRS 453.3365. Sealing of record of person convicted of possession of controlled substance not for purpose of sale; conditions.
NRS 453.337. Unlawful possession for sale of flunitrazepam, gamma-hydroxybutyrate and schedule I or II substances; penalties.
NRS 453.338. Unlawful possession for sale of substances classified in schedule III, IV or V; penalties.
NRS 453.3383. Determination of weight of controlled substance for purposes of NRS 453.3385, 453.339 and 453.3395.
NRS 453.3385. Trafficking in controlled substances: Flunitrazepam, gamma-hydroxybutyrate and schedule I substances, except marijuana.
NRS 453.339. Trafficking in controlled substances: Marijuana.
NRS 453.3393. Unlawful to produce or process marijuana; exception; penalties. [Effective April 1, 2014.]
NRS 453.3395. Trafficking in controlled substances: Schedule II substances.
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.
NRS 453.341. Prosecution or proceeding under prior law unaffected.
NRS 453.346. Effect of conviction or acquittal under federal or other state laws.
NRS 453.348. Previous convictions.
METHAMPHETAMINE PRECURSORS
NRS 453.352. Definitions.
NRS 453.3525. “Logbook” defined.
NRS 453.353. “Product that is a precursor to methamphetamine” defined.
NRS 453.3535. “Retail distributor” defined.
NRS 453.354. Manner of keeping, storing or placing methamphetamine precursor.
NRS 453.355. Limitations on sale or transfer of methamphetamine precursor by retail distributor; exception.
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.
NRS 453.358. Civil penalty for violation.
NRS 453.3585. Limitations on acquisition of methamphetamine precursor; exception; penalties.
NRS 453.359. Penalty for entering false statement or representation in logbook.
ILLEGAL INTERNET PHARMACIES
NRS 453.3611. Definitions.
NRS 453.3615. “Dangerous drug” defined.
NRS 453.3618. “Illegal Internet pharmacy” defined.
NRS 453.3621. “Imitation controlled substance” defined.
NRS 453.3625. “Internet” defined.
NRS 453.3628. “Prescription drug” defined.
NRS 453.3633. Circumstances under which person has “reasonable cause to believe.”
NRS 453.3635. Applicability.
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.
NRS 453.3639. Unlawful acts relating to filling or refilling prescription via Internet; exception; aiding unlawful act prohibited; penalties; penalty not exclusive.
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.
NRS 453.3648. Concurrent jurisdiction of Attorney General and district attorneys to prosecute violations.
FURTHER REGULATION AND PROHIBITIONS
NRS 453.371. Definitions.
NRS 453.375. Authority to possess and administer controlled substances. [Effective through December 31, 2013.]
NRS 453.375. Authority to possess and administer controlled substances. [Effective January 1, 2014.]
NRS 453.377. Authority to dispense controlled substances.
NRS 453.381. Limitations on prescribing, possessing, administering, transporting and dispensing controlled substances.
NRS 453.385. Adoption of regulations governing prescriptions for controlled substances; compliance with federal law.
NRS 453.391. Unlawful taking or obtaining of controlled substance or prescription.
NRS 453.401. Penalties for conspiracy.
NRS 453.411. Unlawful use of controlled substance; penalties.
NRS 453.421. Penalty for violation of NRS 453.371 to 453.391, inclusive.
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.
NRS 453.505. Controlled substance for which prescription is not required: Violation of regulation by pharmacist; misrepresentation to pharmacist to obtain controlled substance; penalties.
NRS 453.521. Unlawful possession or sale of nasal inhaler; exception.
NRS 453.541. Sacramental use of peyote permitted.
NRS 453.551. Immunity for acts in performance of official duties.
NRS 453.552. Criminal penalties additional to civil penalties or sanctions.
CIVIL PENALTIES
NRS 453.553. Action to recover civil penalty: Persons liable for civil penalty; action to be brought by Attorney General or district attorney; definitions.
NRS 453.5531. Action to recover civil penalty: Amount of money recoverable as civil penalty.
NRS 453.5532. Money collected as civil penalty: Limitations on use.
NRS 453.5533. Limitation on action to recover civil penalty; effect of criminal proceeding on civil action.
DRUG PARAPHERNALIA
NRS 453.554. “Drug paraphernalia” defined.
NRS 453.556. Factors for identifying object as item of drug paraphernalia.
NRS 453.558. Injunctions.
NRS 453.560. Unlawful delivery, sale, possession or manufacture.
NRS 453.562. Unlawful delivery to minor.
NRS 453.564. Unlawful advertising.
NRS 453.566. Unlawful use or possession.
MISCELLANEOUS PROVISIONS
NRS 453.568. Report of loss or theft of controlled substance.
NRS 453.570. Amount of controlled substance needed to sustain conviction for prohibited offense.
NRS 453.575. Fee for analysis of controlled substance or other substance or drug: Inclusion in sentence of offender; distribution and use of proceeds.
NRS 453.580. Program for treatment of certain offenders: Powers and duties of court; contents; payment of costs.
TREATMENT AND REHABILITATION OF ADDICTS
NRS 453.600. Declaration of legislative purpose.
NRS 453.660. Experimental and clinical programs; personnel; regulations.
NRS 453.670. Local governments may assist programs and services.
NRS 453.680. Cooperative agreements.
NRS 453.690. Information to be furnished.
NRS 453.700. Application for treatment; regulations relating to voluntary submission.
NRS 453.710. Liability for costs of treatment.
NRS 453.720. Confidential and privileged information.
NRS 453.730. Emergency treatment authorized without notification to law enforcement officer or agency.