Nev. Rev. Stat. ch. 453 – Controlled Substances | Midpage453.005Applicability of chapter to medical use of cannabis453.007Inapplicability of chapter to certain veterinary biologic products453.011Short title; purpose453.013Uniformity of interpretation453.016Definitions453.021“Administer” defined453.023“Advanced practice registered nurse” defined453.026“Agent” defined453.031“Board” defined453.033“CBD” defined453.035Certified registered nurse anesthetist” defined453.038“Chart order” defined453.039“Compound” and “compounding” defined453.042“Concentrated cannabis” defined453.043“Controlled substance analog” defined453.046“Counterfeit substance” defined453.051“Deliver” and “delivery” defined453.053“Department” defined453.056“Dispense” defined453.061“Dispenser” defined453.066“Distribute” defined453.071“Distributor” defined453.076“Division” defined453.081“Drug” defined453.082“Drug Enforcement Administration” defined453.0825“Extraction” defined453.083“Fill” defined453.085“Hospital” defined453.086“Immediate precursor” defined453.087“Institutional pharmacy” defined453.0875“Isomer” defined453.091“Manufacture” defined453.096“Marijuana” defined453.101“Narcotic drug” defined453.103“Narcotic use disorder” defined453.106“Opiate” defined453.111“Opium poppy” defined453.113“Person” defined453.115“Person with a narcotic use disorder” defined453.117“Pharmacy” defined453.118“Pharmacy in a correctional institution” defined453.121“Poppy straw” defined453.126“Practitioner” defined453.128“Prescription” defined453.131“Production” defined453.134“Refill” defined453.136“State” defined453.137“Steroid” defined453.139“THC” defined453.141“Ultimate user” defined453.146Powers and duties of Board453.151Cooperative arrangements; confidentiality of information453.153Cooperation between Board and Division required453.154Division required to prepare certain reports concerning controlled substances; Division and Board may enter into agreements with public agencies; requirements453.155Programs for research and education453.157Confidentiality of information concerning research or medical practice453.159Existing orders or regulations unaffected453.162Development; functions and requirements; Board and Division immune from liability for activities related to program; gifts, grants and donations453.163Persons registered to dispense controlled substances required to upload certain information to database; agreements with state agency of another state to receive or exchange information obtained by program; immunity from liability for transmitting information453.1635Law enforcement agency to upload to database certain information obtained during investigation; limitation on access to database; immunity from liability for transmission of information453.164Access to database for certain persons, occupational licensing boards, Board and Division; reporting of illegal activity or inappropriate use of controlled substance; exception to avoid interfering with investigation; practitioner required to notify Board of incorrect information in database; confidentiality of information obtained from program; notice of improper access453.1645When Board is required to provide access to database to coroner, medical examiner or deputy thereof for certain purposes; access for unauthorized purpose prohibited; suspension or termination of access for violation of provisions453.165Access to database for certain employees of law enforcement agencies; certification; requirements for access; access for unauthorized purpose prohibited; monitoring; authority of Board or Division to terminate access453.166Schedule I tests453.176Schedule II tests453.186Schedule III tests453.196Schedule IV tests453.206Schedule V tests453.211Review, revision and dissemination of schedules453.216Nomenclature453.218Addition of immediate precursor to schedule453.2182Treatment by Board when substance is designated, rescheduled or deleted as controlled substance by federal law453.2184Scheduling of substance by extraordinary regulation453.2186Board prohibited from including certain substances on schedule; exceptions; required considerations453.2188Placement of substance in schedule allowed if controlled by federal law pursuant to international treaty, convention or protocol453.219Controlled substance analog: Treatment as substance in schedule I; notice of prosecution; determination by Board453.221Regulations; fees453.226Requirements for registration; authority of registrant; exemptions and waivers; inspections453.231Registration: Public interest; specific controlled substances; research453.232Penalty for failure to register453.233Notice of conviction of registered person to be furnished453.236Suspension and revocation of registration to dispense; seizure or placement under seal of controlled substance owned or possessed by registrant; notification of suspension or revocation of registration or forfeiture of controlled substances to appropriate authority; registrant prohibited from employing person whose pharmacist’s certificate was suspended or revoked453.241Administrative proceedings to deny, suspend or revoke registration453.246Recordkeeping and inventory requirements for registrants453.251Order forms453.256Prescriptions; requirements for dispensing certain substances; penalty453.257Filling second or subsequent prescriptions453.261Administrative inspections453.266Administrative warrant for inspection453.271Powers of enforcement of officers and employees of Division453.276Injunctions453.281Burden of proof; immunity of officers from liability453.286Judicial review453.301Property subject to forfeiture453.305Forfeiture of real property or mobile home: Notices to owner453.311Controlled substances; plants; seizure and forfeiture453.316Unlawful to open or maintain place for unlawful sale, gift or use of controlled substance; penalties; exceptions453.321Offer, attempt or commission of unauthorized act relating to controlled or counterfeit substance unlawful; penalties; prohibition against probation or suspension of sentence for certain repeat offenders unless mitigating circumstances exist453.322Offer, attempt or commission of unauthorized act relating to manufacture or compounding of certain controlled substances unlawful; penalties; prohibition against probation of offenders453.324Unlawful to possess or dispose of methamphetamine manufacturing waste; exception; penalty453.326Unlawful acts relating to recordkeeping, inspections and knowingly keeping or maintaining place where controlled substances are unlawfully used, kept or sold; penalty453.331Unlawful 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; penalty453.332Unlawful acts relating to imitation controlled substances; penalties453.3325Unlawful to allow child to be present during commission of certain violations which involve controlled substances other than marijuana; penalties; probation or suspended sentence prohibited453.333Penalties for making available controlled substance which causes death453.3335Additional penalty for failing to render or seek medical assistance for person injured or killed by use of controlled substance under certain circumstances453.334Penalty for second or subsequent offense of sale of controlled substance to minor453.3345Additional penalty for commission of certain violations at or near school, school bus stop, recreational facilities for minors or public park453.3351Additional penalty for commission of certain violations which involve methamphetamine under certain circumstances453.3353Additional 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 person453.3355Intentional misrepresentation of fentanyl product; penalties453.336Unlawful possession not for purpose of sale: Prohibition; penalties; exception453.3361Unlawful possession not for purpose of sale: Local ordinances adopting penalties for certain similar offenses; allocation of fines collected for violation of local ordinance453.3363Suspension of proceedings and probation of accused under certain conditions; effect of discharge and dismissal453.3365Sealing of record of person convicted of possession of controlled substance not for purpose of sale; conditions453.337Unlawful possession for sale of flunitrazepam, gamma-hydroxybutyrate and schedule I or II substances; penalties453.338Unlawful possession for sale of substances classified in schedule III, IV or V; penalties453.3383Determination of weight of controlled substance for purposes of NRS 453.3385, 453.3387 and 453.339453.3385Trafficking in controlled substances: Flunitrazepam, gamma-hydroxybutyrate and schedule I or II substances, except marijuana453.3387Trafficking in controlled substances: Fentanyl453.339Trafficking in controlled substances: Marijuana or concentrated cannabis453.3393Unlawful to produce or process marijuana or extract concentrated cannabis; exception; penalties453.3405Trafficking in controlled substances: Suspended sentence limited; eligibility for parole; reduction or suspension of sentence of person assisting in investigation or prosecution of any offense; consideration of factors by court; suspension of sentence of person convicted of trafficking in fentanyl453.341Prosecution or proceeding under prior law unaffected453.346Effect of conviction or acquittal under federal or other state laws453.348Previous convictions453.352Definitions453.3525“Logbook” defined453.353“Product that is a precursor to methamphetamine” defined453.3535“Retail distributor” defined453.354Manner of keeping, storing or placing methamphetamine precursor453.355Limitations on sale or transfer of methamphetamine precursor by retail distributor; exception453.357Retail distributor to maintain logbook; information required to be entered in logbook at time of sale or transfer of methamphetamine precursor; requirements for sale or transfer of methamphetamine precursor; notice concerning entering false statement or representation in logbook; maintenance of entries in logbook; limitation on accessing, using, sharing or disclosing information in logbook453.358Civil penalty for violation453.3585Limitations on acquisition of methamphetamine precursor; exception; penalties453.359Penalty for entering false statement or representation in logbook453.3611Definitions453.3615“Dangerous drug” defined453.3618“Illegal Internet pharmacy” defined453.3621“Imitation controlled substance” defined453.3625“Internet” defined453.3628“Prescription drug” defined453.3633Circumstances under which person has “reasonable cause to believe.”453.3635Applicability453.3638Unlawful acts relating to filling or refilling prescription or delivering certain substances or drugs; aiding unlawful act prohibited; penalties; multiple punishments authorized453.3639Unlawful acts relating to filling or refilling prescription via Internet; exception; aiding unlawful act prohibited; penalties; penalty not exclusive453.3643Unlawful 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 authorized453.3648Concurrent jurisdiction of Attorney General and district attorneys to prosecute violations453.371Definitions453.375Persons authorized to possess and administer controlled substances453.377Authority to dispense controlled substances453.381Limitations on prescribing, possessing, administering, transporting and dispensing controlled substances453.385Adoption of regulations governing prescriptions for controlled substances; compliance with federal law453.391Unlawful taking or obtaining of controlled substance or prescription453.401Penalties for conspiracy453.411Unlawful use of controlled substance; penalty453.421Penalty for violation of NRS 453.371 to 453.391, inclusive453.431Unlawful acts relating to filling and refilling prescriptions and obtaining controlled substance or prescription; authorization to request proper identification from person requesting controlled substance453.505Controlled substance for which prescription is not required: Violation of regulation by pharmacist; misrepresentation to pharmacist to obtain controlled substance; penalties453.521Unlawful possession or sale of nasal inhaler; exception453.530Sale 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 regulation453.541Sacramental use of peyote permitted453.551Immunity for acts in performance of official duties453.552Criminal penalties additional to civil penalties or sanctions453.553Action to recover civil penalty: Persons liable for civil penalty; action to be brought by Attorney General or district attorney; definitions453.5531Action to recover civil penalty: Amount of money recoverable as civil penalty453.5532Money collected as civil penalty: Limitations on use453.5533Limitation on action to recover civil penalty; effect of criminal proceeding on civil action453.554“Drug paraphernalia” defined453.556Factors for identifying object as item of drug paraphernalia453.557Provision, administration or use of testing product not unlawful; immunity from professional sanction or civil liability453.558Injunctions453.560Unlawful delivery, sale, possession or manufacture453.562Unlawful delivery to minor453.564Unlawful advertising453.566Unlawful use or possession453.568Report of loss or theft of controlled substance453.570Amount of controlled substance needed to sustain conviction for prohibited offense453.572Prohibition on production, distribution, sale or offering to sell synthetic cannabinoid453.575Fee for analysis of controlled substance or other substance or drug: Inclusion in sentence of offender; distribution and use of proceeds453.577Authority of Board not limited by authority of other regulatory bodies453.578Reporting of certain information relating to fentanyl453.600Declaration of legislative purpose453.660Experimental and clinical programs; personnel; regulations453.670Local governments may assist programs and services453.680Cooperative agreements453.690Information to be furnished453.700Application for treatment; regulations relating to voluntary submission453.710Liability for costs of treatment453.720Confidential and privileged information453.730Emergency treatment authorized without notification to law enforcement officer or agency