Uniform Controlled Substances Act

Nevada · Controlled Substances · §§ 453.005 to 453.730 · 191 sections

Overview

The Uniform Controlled Substances Act governs drugs and related substances whose handling the state regulates, reaching their manufacture, compounding, distribution, delivery, dispensing, and administration by pharmacies, prescribers, distributors, and other regulated handlers. It works largely through a detailed set of defined terms — narcotic drugs, opiates, immediate precursors, controlled substance analogs, and cannabis and its derivatives among them — that fixes what falls within the regulated class and who is subject to the rules, and it assigns oversight to a designated state board or department operating alongside federal drug enforcement authorities. As a uniform act, it is meant to be construed so the law stays consistent across the states that adopt it, subject to carve-outs such as the medical use of cannabis and certain veterinary biologic products.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

In the courts

Sections of this act have been cited in 384 court decisions.

Most-cited authority: 121 Nev. 682 - Lader v. Warden, Northern Nevada Correctional Center

Sections covered

NRS 453.005Applicability of chapter to medical use of cannabis
NRS 453.007Inapplicability of chapter to certain veterinary biologic products
NRS 453.011Short title; purpose28 cites
NRS 453.013Uniformity of interpretation4 cites
NRS 453.016Definitions
NRS 453.021“Administer” defined
NRS 453.023“Advanced practice registered nurse” defined
NRS 453.026“Agent” defined
NRS 453.031“Board” defined1 cite
NRS 453.033“CBD” defined
NRS 453.035Certified registered nurse anesthetist” defined
NRS 453.038“Chart order” defined
NRS 453.039“Compound” and “compounding” defined
NRS 453.042“Concentrated cannabis” defined
NRS 453.043“Controlled substance analog” defined
NRS 453.046“Counterfeit substance” defined
NRS 453.051“Deliver” and “delivery” defined1 cite
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 453.0825“Extraction” defined
NRS 453.083“Fill” defined
NRS 453.085“Hospital” defined
NRS 453.086“Immediate precursor” defined1 cite
NRS 453.087“Institutional pharmacy” defined
NRS 453.0875“Isomer” defined
NRS 453.091“Manufacture” defined1 cite
NRS 453.096“Marijuana” defined7 cites
NRS 453.101“Narcotic drug” defined
NRS 453.103“Narcotic use disorder” defined
NRS 453.106“Opiate” defined
NRS 453.111“Opium poppy” defined
NRS 453.113“Person” defined
NRS 453.115“Person with a narcotic use disorder” 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 453.139“THC” defined
NRS 453.141“Ultimate user” defined
NRS 453.146Powers and duties of Board3 cites
NRS 453.151Cooperative arrangements; confidentiality of information
NRS 453.153Cooperation between Board and Division required
NRS 453.154Division required to prepare certain reports concerning controlled substances; Division and Board may enter into agreements with public agencies; requirements
NRS 453.155Programs for research and education
NRS 453.157Confidentiality of information concerning research or medical practice
NRS 453.159Existing orders or regulations unaffected
NRS 453.162Development; functions and requirements; Board and Division immune from liability for activities related to program; gifts, grants and donations1 cite
NRS 453.163Persons 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 information
NRS 453.1635Law enforcement agency to upload to database certain information obtained during investigation; limitation on access to database; immunity from liability for transmission of information
NRS 453.164Access 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 access1 cite
NRS 453.1645When 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 provisions
NRS 453.165Access 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 access1 cite
NRS 453.166Schedule I tests4 cites
NRS 453.176Schedule II tests5 cites
NRS 453.186Schedule III tests2 cites
NRS 453.196Schedule IV tests2 cites
NRS 453.206Schedule V tests1 cite
NRS 453.211Review, revision and dissemination of schedules
NRS 453.216Nomenclature
NRS 453.218Addition of immediate precursor to schedule
NRS 453.2182Treatment by Board when substance is designated, rescheduled or deleted as controlled substance by federal law
NRS 453.2184Scheduling of substance by extraordinary regulation
NRS 453.2186Board prohibited from including certain substances on schedule; exceptions; required considerations
NRS 453.2188Placement of substance in schedule allowed if controlled by federal law pursuant to international treaty, convention or protocol
NRS 453.219Controlled substance analog: Treatment as substance in schedule I; notice of prosecution; determination by Board
NRS 453.221Regulations; fees
NRS 453.226Requirements for registration; authority of registrant; exemptions and waivers; inspections1 cite
NRS 453.231Registration: Public interest; specific controlled substances; research1 cite
NRS 453.232Penalty for failure to register
NRS 453.233Notice of conviction of registered person to be furnished
NRS 453.236Suspension 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 revoked
NRS 453.241Administrative proceedings to deny, suspend or revoke registration
NRS 453.246Recordkeeping and inventory requirements for registrants
NRS 453.251Order forms
NRS 453.256Prescriptions; requirements for dispensing certain substances; penalty1 cite
NRS 453.257Filling second or subsequent prescriptions1 cite
NRS 453.261Administrative inspections
NRS 453.266Administrative warrant for inspection
NRS 453.271Powers of enforcement of officers and employees of Division
NRS 453.276Injunctions
NRS 453.281Burden of proof; immunity of officers from liability
NRS 453.286Judicial review
NRS 453.301Property subject to forfeiture10 cites
NRS 453.305Forfeiture of real property or mobile home: Notices to owner1 cite
NRS 453.311Controlled substances; plants; seizure and forfeiture
NRS 453.316Unlawful to open or maintain place for unlawful sale, gift or use of controlled substance; penalties; exceptions3 cites
NRS 453.321Offer, 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 exist82 cites
NRS 453.322Offer, attempt or commission of unauthorized act relating to manufacture or compounding of certain controlled substances unlawful; penalties; prohibition against probation of offenders1 cite
NRS 453.324Unlawful to possess or dispose of methamphetamine manufacturing waste; exception; penalty
NRS 453.326Unlawful acts relating to recordkeeping, inspections and knowingly keeping or maintaining place where controlled substances are unlawfully used, kept or sold; penalty
NRS 453.331Unlawful 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; penalty
NRS 453.332Unlawful acts relating to imitation controlled substances; penalties3 cites
NRS 453.3325Unlawful 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 453.333Penalties for making available controlled substance which causes death1 cite
NRS 453.3335Additional penalty for failing to render or seek medical assistance for person injured or killed by use of controlled substance under certain circumstances2 cites
NRS 453.334Penalty for second or subsequent offense of sale of controlled substance to minor2 cites
NRS 453.3345Additional penalty for commission of certain violations at or near school, school bus stop, recreational facilities for minors or public park2 cites
NRS 453.3351Additional penalty for commission of certain violations which involve methamphetamine under certain circumstances
NRS 453.3353Additional 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 person2 cites
NRS 453.3355Intentional misrepresentation of fentanyl product; penalties
NRS 453.336Unlawful possession not for purpose of sale: Prohibition; penalties; exception65 cites
NRS 453.3361Unlawful possession not for purpose of sale: Local ordinances adopting penalties for certain similar offenses; allocation of fines collected for violation of local ordinance
NRS 453.3363Suspension of proceedings and probation of accused under certain conditions; effect of discharge and dismissal6 cites
NRS 453.3365Sealing of record of person convicted of possession of controlled substance not for purpose of sale; conditions1 cite
NRS 453.337Unlawful possession for sale of flunitrazepam, gamma-hydroxybutyrate and schedule I or II substances; penalties37 cites
NRS 453.338Unlawful possession for sale of substances classified in schedule III, IV or V; penalties1 cite
NRS 453.3383Determination of weight of controlled substance for purposes of NRS 453.33853 cites
NRS 453.3385Trafficking in controlled substances: Flunitrazepam, gamma-hydroxybutyrate and schedule I or II substances, except marijuana38 cites
NRS 453.3387Trafficking in controlled substances: Fentanyl
NRS 453.339Trafficking in controlled substances: Marijuana or concentrated cannabis2 cites
NRS 453.3393Unlawful to produce or process marijuana or extract concentrated cannabis; exception; penalties
NRS 453.3405Trafficking 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 fentanyl10 cites
NRS 453.341Prosecution or proceeding under prior law unaffected2 cites
NRS 453.346Effect of conviction or acquittal under federal or other state laws1 cite
NRS 453.348Previous convictions3 cites
NRS 453.352Definitions
NRS 453.3525“Logbook” defined
NRS 453.353“Product that is a precursor to methamphetamine” defined
NRS 453.3535“Retail distributor” defined
NRS 453.354Manner of keeping, storing or placing methamphetamine precursor
NRS 453.355Limitations on sale or transfer of methamphetamine precursor by retail distributor; exception
NRS 453.357Retail 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 logbook
NRS 453.358Civil penalty for violation
NRS 453.3585Limitations on acquisition of methamphetamine precursor; exception; penalties
NRS 453.359Penalty for entering false statement or representation in logbook
NRS 453.3611Definitions
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 453.3633Circumstances under which person has “reasonable cause to believe.”
NRS 453.3635Applicability
NRS 453.3638Unlawful acts relating to filling or refilling prescription or delivering certain substances or drugs; aiding unlawful act prohibited; penalties; multiple punishments authorized
NRS 453.3639Unlawful acts relating to filling or refilling prescription via Internet; exception; aiding unlawful act prohibited; penalties; penalty not exclusive
NRS 453.3643Unlawful 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 authorized
NRS 453.3648Concurrent jurisdiction of Attorney General and district attorneys to prosecute violations
NRS 453.371Definitions
NRS 453.375Persons authorized to possess and administer controlled substances
NRS 453.377Authority to dispense controlled substances
NRS 453.381Limitations on prescribing, possessing, administering, transporting and dispensing controlled substances2 cites
NRS 453.385Adoption of regulations governing prescriptions for controlled substances; compliance with federal law
NRS 453.391Unlawful taking or obtaining of controlled substance or prescription2 cites
NRS 453.401Penalties for conspiracy11 cites
NRS 453.411Unlawful use of controlled substance; penalty8 cites
NRS 453.421Penalty for violation of NRS 453.3711 cite
NRS 453.431Unlawful acts relating to filling and refilling prescriptions and obtaining controlled substance or prescription; authorization to request proper identification from person requesting controlled substance
NRS 453.505Controlled substance for which prescription is not required: Violation of regulation by pharmacist; misrepresentation to pharmacist to obtain controlled substance; penalties
NRS 453.521Unlawful possession or sale of nasal inhaler; exception
NRS 453.530Sale 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 regulation
NRS 453.541Sacramental use of peyote permitted1 cite
NRS 453.551Immunity for acts in performance of official duties1 cite
NRS 453.552Criminal penalties additional to civil penalties or sanctions
NRS 453.553Action to recover civil penalty: Persons liable for civil penalty; action to be brought by Attorney General or district attorney; definitions
NRS 453.5531Action to recover civil penalty: Amount of money recoverable as civil penalty
NRS 453.5532Money collected as civil penalty: Limitations on use
NRS 453.5533Limitation on action to recover civil penalty; effect of criminal proceeding on civil action
NRS 453.554“Drug paraphernalia” defined2 cites
NRS 453.556Factors for identifying object as item of drug paraphernalia1 cite
NRS 453.557Provision, administration or use of testing product not unlawful; immunity from professional sanction or civil liability
NRS 453.558Injunctions
NRS 453.560Unlawful delivery, sale, possession or manufacture1 cite
NRS 453.562Unlawful delivery to minor
NRS 453.564Unlawful advertising
NRS 453.566Unlawful use or possession3 cites
NRS 453.568Report of loss or theft of controlled substance
NRS 453.570Amount of controlled substance needed to sustain conviction for prohibited offense6 cites
NRS 453.572Prohibition on production, distribution, sale or offering to sell synthetic cannabinoid
NRS 453.575Fee for analysis of controlled substance or other substance or drug: Inclusion in sentence of offender; distribution and use of proceeds
NRS 453.577Authority of Board not limited by authority of other regulatory bodies
NRS 453.578Reporting of certain information relating to fentanyl
NRS 453.600Declaration of legislative purpose
NRS 453.660Experimental and clinical programs; personnel; regulations
NRS 453.670Local governments may assist programs and services
NRS 453.680Cooperative agreements
NRS 453.690Information to be furnished
NRS 453.700Application for treatment; regulations relating to voluntary submission
NRS 453.710Liability for costs of treatment
NRS 453.720Confidential and privileged information
NRS 453.730Emergency treatment authorized without notification to law enforcement officer or agency

Enacted in other states

Alabama, California, Colorado, Iowa, Idaho, North Dakota, Oregon, Washington, Wisconsin, West Virginia

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