NRS 453.3405
Trafficking 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.

1.

Except as otherwise provided in subsection 2, the adjudication of guilt and imposition of sentence of a person found guilty of trafficking in a controlled substance in violation of NRS 453.3385, 453.339 or 453.3395 must not be suspended and the person is not eligible for parole until the person has actually served the mandatory minimum term of imprisonment prescribed by the section under which the person was convicted.

2.

The court, upon an appropriate motion, may reduce or suspend the sentence of any person convicted of violating any of the provisions of NRS 453.3385, 453.339 or 453.3395 if the court finds that the convicted person rendered substantial assistance in the investigation or prosecution of any offense. The arresting agency must be given an opportunity to be heard before the motion is granted. Upon good cause shown, the motion may be heard in camera.

3.

Any appropriate reduction or suspension of a sentence pursuant to subsection 2 must be determined by the court, for reasons stated by the court that may include, without limitation, consideration of the following:

(a)

The court’s evaluation of the significance and usefulness of the convicted person’s assistance, taking into consideration the prosecuting attorney’s evaluation of the assistance rendered;

(b)

The truthfulness, completeness and reliability of any information or testimony provided by the convicted person;

(c)

The nature and extent of the convicted person’s assistance;

(d)

Any injury suffered or any danger or risk of injury to the convicted person or his or her family resulting from his or her assistance; and

(e)

The timeliness of the convicted person’s assistance.

Source: Section 453.3405 — Trafficking 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., https://www.­leg.­state.­nv.­us/NRS/NRS-453.­html#NRS453Sec3405.

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

§ 453.3405’s source at nv​.us