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The guide below provides information on Nevada statutes concerning transportation, manufacturing, unlawful use, etc., in relation to other controlled substance offenses. To find out about possession, possession for sale, trafficking and conspiracy to commit any of these crimes, see the NRS Chapter 453 index.
NRS 453.321 covers unauthorized transport, import, sale, exchange, supply, prescribing, dispensing, giving away or administration of a controlled or counterfeit substance. It also covers manufacturing or compounding a counterfeit substance and offering or attempting the listed conduct. Transport can be alleged even when there was no sale. A separate trafficking charge has its own substance, conduct and weight requirements.
Subject to any higher penalty that applies, the felony categories progress from C to B to B for Schedule I or II and D to C to B for Schedule III, IV or V, depending on qualifying prior convictions.
For Schedule I or II, the second-offense prison range is 2 to 10 years and the third or subsequent range is 3 to 15 years. For Schedule III, IV or V, the third or subsequent range is 2 to 10 years. Qualifying out-of-state or federal convictions can count. For specified repeat offenses, probation or a suspended sentence requires mitigating circumstances.
Evidence of who took the substance into the vehicle, who knew it was in the vehicle, and where in the vehicle officers found the substance is relevant in a shared vehicle. A separate statute, NRS 453.3355, addresses a seller who knows that a mixture contains fentanyl and another controlled substance and intentionally fails to disclose the fentanyl to the purchaser of the mixture.
This crime is a Category B felony. NRS 453.322 prohibits the knowingly or intentionally unauthorized manufacture or compounding of controlled substances (other than marijuana), precursor chemicals, and related offers or attempts. This crime can be aggravated by fire or explosion resulting from the manufacture or attempt to manufacture. NRS 453.324 prohibits the knowingly possessing or disposing of methamphetamine manufacturing waste with certain exceptions.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
An imitation drug can fall under NRS 453.332 if it is made to resemble a controlled substance or represented as one. Penalties vary with the conduct, including whether an adult sold or distributed it to a minor.
For marijuana production, processing or extraction, see Nevada cannabis cultivation and extraction.
NRS 453.316 is a Category C felony for opening or maintaining a place for the unlawful sale, giving away or use of a controlled substance. If the defendant has qualifying prior convictions, the offense is elevated to a Category B felony. NRS 453.326(1)(c) is a separate offense for knowingly keeping or maintaining a place used for unlawful drug use, storage or sales, and can apply to a vehicle as well as a building.
NRS 453.411 makes knowing use of, or being under the influence of, a controlled substance a misdemeanor. It does not apply to use of lawful prescriptions nor does it apply to administration of controlled substances in a clinical or hospital setting. Separate issues can be presented in a motor vehicle case involving prescription drugs under the Nevada DUI laws.
NRS 453.391 prohibits unlawfully obtaining or attempting to obtain a controlled substance or prescription from an authorized source. It also addresses knowingly obtaining a controlled substance or prescription from a second practitioner during treatment without disclosing that another practitioner is already supplying one. NRS 453.421 classifies violations of NRS 453.391 as Category C felonies.
When I initially met with Mr. Wooldridge, he took the opportunity to sit and go over my problem with me. He described details in my case which he found disturbing and explained why he I should have him on my side.
NRS 453.560 generally makes sale, delivery, or possession or manufacture with intent to sell or deliver a Category E felony if the person knows or reasonably should know the item will be used unlawfully with a controlled substance. Under NRS 453.562, unlawful delivery by an adult to someone under 18 who is at least three years younger is a Category C felony. NRS 453.564 makes certain advertisements in printed publications a misdemeanor.
For a citation under NRS 453.566, see paraphernalia possession and use.
NRS 453.3325 addresses intentionally allowing a child to be present during specified unlawful drug activity involving substances other than marijuana. NRS 453.3345 provides additional penalties for qualifying violations at or near certain schools, school bus stops, recreational facilities for minors or public parks. If a substance unlawfully supplied to someone proximately causes that person’s death, NRS 453.333 can support a murder charge.
In addition to criminal immunity provided by NRS 678C.200 for qualifying card holders for certain offenses relating to medical cannabis, including paraphernalia, patients with a valid Nevada registry card issued pursuant to NRS 678C.230(1)(a) and their designated caregivers have the following limits: 2.5 ounces of usable cannabis and 12 plants. Limits for products are separate from plants. Security requirements and statutory restrictions apply to the growing of plants.
For exceptions to immunity involving impaired driving, sales, possession on school property and public use, see NRS 678C.300 and Nevada cannabis charges for adult use rules.
Controlled Substances (NRS Chapter 453)