NRS 453.338
Unlawful possession for sale of substances classified in schedule III, IV or V

  • penalties.

1.

Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to possess for the purpose of sale any controlled substance classified in schedule III, IV or V.

2.

A person who violates this section shall be punished:

(a)

For the first and second offense, for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $10,000.

(b)

For a third or subsequent offense, or if the offender has been previously convicted two or more times of a felony under the Uniform Controlled Substances Act 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 felony under the Uniform Controlled Substances Act, for a category C felony as provided in NRS 193.130.

3.

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

Source: Section 453.338 — Unlawful possession for sale of substances classified in schedule III, IV or V; penalties., https://www.­leg.­state.­nv.­us/NRS/NRS-453.­html#NRS453Sec338.

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

Feb. 5, 2021

§ 453.338’s source at nv​.us