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 unless mitigating circumstances exist.

1.

Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to:

(a)

Import, transport, sell, exchange, barter, supply, prescribe, dispense, give away or administer a controlled or counterfeit substance;

(b)

Manufacture or compound a counterfeit substance; or

(c)

Offer or attempt to do any act set forth in paragraph (a) or (b).

2.

Unless a greater penalty is provided in NRS 453.333 or 453.334, if a person violates subsection 1 and the controlled substance is classified in schedule I or II, the person is guilty of a category B felony and shall be punished:

(a)

For the first offense, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $20,000.

(b)

For a second offense, or if, in the case of a first conviction under this subsection, the offender has previously been convicted of an offense under this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to an offense under this section, by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $20,000.

(c)

For a third or subsequent offense, or if the offender has previously been convicted two or more times under this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to an offense under this section, by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $20,000 for each offense.

3.

The court shall not grant probation to or suspend the sentence of a person convicted under subsection 2 and punishable pursuant to paragraph (b) or (c) of subsection 2.

4.

Unless a greater penalty is provided in NRS 453.333 or 453.334, if a person violates subsection 1, and the controlled substance is classified in schedule III, IV or V, the person shall be punished:

(a)

For the first offense, for a category C felony as provided in NRS 193.130.

(b)

For a second offense, or if, in the case of a first conviction of violating this subsection, the offender has previously been convicted of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a violation of this section, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $15,000.

(c)

For a third or subsequent offense, or if the offender has previously been convicted two or more times of violating this section or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a violation of this section, for a category B felony by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $20,000 for each offense.

5.

The court shall not grant probation to or suspend the sentence of a person convicted under subsection 4 and punishable pursuant to paragraph (b) or (c) of subsection 4.

Source: Section 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 unless mitigating circumstances exist., https://www.­leg.­state.­nv.­us/NRS/NRS-453.­html#NRS453Sec321 (accessed May 26, 2025).

453.316
Unlawful to open or maintain place for unlawful sale, gift or use of controlled substance 453.321
Offer, attempt or commission of unauthorized act relating to controlled or counterfeit substance unlawful 453.322
Offer, attempt or commission of unauthorized act relating to manufacture or compounding of certain controlled substances unlawful 453.324
Unlawful to possess or dispose of methamphetamine manufacturing waste 453.326
Unlawful acts relating to recordkeeping, inspections and knowingly keeping or maintaining place where controlled substances are unlawfully used, kept or sold 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 453.332
Unlawful acts relating to imitation controlled substances 453.333
Penalties for making available controlled substance which causes death. 453.334
Penalty for second or subsequent offense of sale of controlled substance to minor. 453.336
Unlawful possession not for purpose of sale: Prohibition 453.337
Unlawful possession for sale of flunitrazepam, gamma-hydroxybutyrate and schedule I or II substances 453.338
Unlawful possession for sale of substances classified in schedule III, IV or V 453.339
Trafficking in controlled substances: Marijuana or concentrated cannabis. 453.341
Prosecution or proceeding under prior law unaffected. 453.346
Effect of conviction or acquittal under federal or other state laws. 453.348
Previous convictions. 453.3325
Unlawful to allow child to be present during commission of certain violations which involve controlled substances other than marijuana 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. 453.3345
Additional penalty for commission of certain violations at or near school, school bus stop, recreational facilities for minors or public park. 453.3351
Additional penalty for commission of certain violations which involve methamphetamine under certain circumstances. 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. 453.3361
Unlawful possession not for purpose of sale: Local ordinances adopting penalties for certain similar offenses 453.3363
Suspension of proceedings and probation of accused under certain conditions 453.3365
Sealing of record of person convicted of possession of controlled substance not for purpose of sale 453.3385
Trafficking in controlled substances: Flunitrazepam, gamma-hydroxybutyrate and schedule I or II substances, except marijuana. 453.3393
Unlawful to produce or process marijuana or extract concentrated cannabis 453.3395
Trafficking in controlled substances: Schedule II substances. 453.3405
Trafficking in controlled substances: Suspended sentence limited

May 26, 2025

§ 453.321. Offer, attempt or commission of unauthorized act relating to controlled or counterfeit substance unlawful's source at nv​.us