NRS 453.332
Unlawful acts relating to imitation controlled substances

  • penalties.

1.

Except as otherwise provided in subsection 6, it is unlawful for a person to manufacture, distribute, sell or possess with the intent to distribute or sell an imitation controlled substance.

2.

Except as otherwise provided in subsection 3, a person who violates subsection 1 is guilty of a misdemeanor.

3.

A person who is 18 years of age or older who distributes or sells an imitation controlled substance to a person who is under the age of 18 years is guilty of a category C felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court may order the convicted person to pay restitution for any reasonable costs incurred for the participation of the person to whom he or she distributed or sold the imitation controlled substance in a program for the treatment of substance use disorders. If the court orders the convicted person to make such restitution, the court shall notify the parent, guardian or other person legally responsible for the person to whom the imitation controlled substance was distributed or sold that such restitution has been ordered.

4.

A person who:

(a)

Uses or possesses with the intent to use an imitation controlled substance; or

(b)

Advertises or solicits in any manner with reasonable knowledge that the advertisement or solicitation is to promote the distribution of an imitation controlled substance,
Ê is guilty of a gross misdemeanor upon the person’s first and second convictions, and upon a third or any further conviction, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

5.

For the purposes of this section:

(a)

“Distribute” means the actual, constructive or attempted transfer, delivery or dispensing to another of an imitation controlled substance.

(b)

“Imitation controlled substance” means a substance, not a controlled substance, which:

(1)

In the form distributed is shaped, marked or colored so as to lead a reasonable person to believe it is a controlled substance; or

(2)

Is represented to be a controlled substance. In determining whether such a representation was made, the court shall consider, in addition to all other logically relevant factors:
(I) Statements made by the defendant regarding the nature of the substance, its use or effect.
(II) Statements made by the defendant regarding the recipient’s ability to resell the substance at a substantially higher price than is customary for the substance.
(III) Whether the substance is packaged in a manner normally used for illicit controlled substances.

6.

This section does not apply to the manufacture, distribution, sale or possession of an imitation controlled substance for use as a placebo by a practitioner in the course of his or her professional practice or research.

Source: Section 453.332 — Unlawful acts relating to imitation controlled substances; penalties., https://www.­leg.­state.­nv.­us/NRS/NRS-453.­html#NRS453Sec332.

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
Last Updated

Jun. 24, 2021

§ 453.332’s source at nv​.us