NRS 453.336
Unlawful possession not for purpose of sale: Prohibition

  • penalties
  • exception.

1.

Except as otherwise provided in subsection 5, a person shall not knowingly or intentionally possess a controlled substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician, optometrist, advanced practice registered nurse or veterinarian while acting in the course of his or her professional practice, or except as otherwise authorized by the provisions of NRS 453.005 to 453.552, inclusive.

2.

Except as otherwise provided in subsections 3 and 4 and in NRS 453.3363, and unless a greater penalty is provided in NRS 212.160, 453.3385, 453.339 or 453.3395, a person who violates this section shall be punished:

(a)

For the first or second offense, if the controlled substance is listed in schedule I, II, III or IV, for a category E felony as provided in NRS 193.130.

(b)

For a third or subsequent offense, if the controlled substance is listed in schedule I, II, III or IV, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.

(c)

For the first offense, if the controlled substance is listed in schedule V, for a category E felony as provided in NRS 193.130.

(d)

For a second or subsequent offense, if the controlled substance is listed in schedule V, for a category D felony as provided in NRS 193.130.

3.

Unless a greater penalty is provided in NRS 212.160, 453.337 or 453.3385, a person who is convicted of the possession of flunitrazepam or gamma-hydroxybutyrate, or any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor, is guilty of a category B felony and shall be punished 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.

4.

Unless a greater penalty is provided pursuant to NRS 212.160, a person who is convicted of the possession of 1 ounce or less of marijuana:

(a)

For the first offense, is guilty of a misdemeanor and shall be:

(1)

Punished by a fine of not more than $600; or

(2)

Examined by a treatment provider approved by the court to determine whether the person has a substance use disorder and is likely to be rehabilitated through treatment and, if the examination reveals that the person has a substance use disorder and is likely to be rehabilitated through treatment, assigned to a program of treatment and rehabilitation pursuant to NRS 453.580. As used in this subparagraph, “treatment provider” has the meaning ascribed to it in NRS 458.010.

(b)

For the second offense, is guilty of a misdemeanor and shall be:

(1)

Punished by a fine of not more than $1,000; or

(2)

Assigned to a program of treatment and rehabilitation pursuant to NRS 453.580.

(c)

For the third offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140.

(d)

For a fourth or subsequent offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

5.

It is not a violation of this section if a person possesses a trace amount of a controlled substance and that trace amount is in or on a hypodermic device obtained from a sterile hypodermic device program pursuant to NRS 439.985 to 439.994, inclusive.

6.

As used in this section:

(a)

“Controlled substance” includes flunitrazepam, gamma-hydroxybutyrate and each substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.

(b)

“Marijuana” does not include concentrated cannabis.

(c)

“Sterile hypodermic device program” has the meaning ascribed to it in NRS 439.986.

Source: Section 453.336 — Unlawful possession not for purpose of sale: Prohibition; penalties; exception., https://www.­leg.­state.­nv.­us/NRS/NRS-453.­html#NRS453Sec336.

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

§ 453.336’s source at nv​.us