NRS 453A.300
Acts for which holder of registry identification card or letter of approval is not exempt from state prosecution and may not raise affirmative defense

  • additional penalty.

1.

A person who holds a registry identification card or letter of approval issued to him or her pursuant to NRS 453A.220 or 453A.250 is not exempt from state prosecution for, nor may the person establish an affirmative defense to charges arising from, any of the following acts:

(a)

Driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of marijuana.

(b)

Engaging in any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420, 488.425 or 493.130.

(c)

Possessing a firearm in violation of paragraph (b) of subsection 1 of NRS 202.257.

(d)

Possessing marijuana in violation of NRS 453.336 or possessing paraphernalia in violation of NRS 453.560 or 453.566:

(1)

If the possession of the marijuana or paraphernalia is discovered because the person engaged or assisted in the medical use of marijuana in:
(I) Any public place or in any place open to the public or exposed to public view; or
(II) Any local detention facility, county jail, state prison, reformatory or other correctional facility, including, without limitation, any facility for the detention of juvenile offenders; or

(2)

If the possession of the marijuana or paraphernalia occurs on school property.

(e)

Delivering marijuana to another person who he or she knows does not lawfully hold a registry identification card or letter of approval issued by the Division or its designee pursuant to NRS 453A.220 or 453A.250.

(f)

Delivering marijuana for consideration to any person, regardless of whether the recipient lawfully holds a registry identification card or letter of approval issued by the Division or its designee pursuant to NRS 453A.220 or 453A.250.

2.

Except as otherwise provided in NRS 453A.225 and in addition to any other penalty provided by law, if the Division determines that a person has willfully violated a provision of this chapter or any regulation adopted by the Division to carry out the provisions of this chapter, the Division may, at its own discretion, prohibit the person from obtaining or using a registry identification card or letter of approval for a period of up to 6 months.

3.

As used in this section, “school property” means the grounds of any public school described in NRS 388.020 and any private school as defined in NRS 394.103.

Source: Section 453A.300 — Acts for which holder of registry identification card or letter of approval is not exempt from state prosecution and may not raise affirmative defense; additional penalty., https://www.­leg.­state.­nv.­us/NRS/NRS-453A.­html#NRS453ASec300.

Last Updated

Jun. 24, 2021

§ 453A.300’s source at nv​.us