EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. NRS 453.332 is hereby amended to read as follows:

1-2 453.332 1. Except as otherwise provided in subsection 6, it is

1-11 convicted person to pay restitution for any costs incurred for the

2-1 participation of the person to whom he distributed or sold the imitation

2-2 controlled substance in a program for the treatment of the abuse of

2-3 controlled substances. The court shall notify the parent, guardian or

2-4 other person legally responsible for the person to whom the imitation

2-5 controlled substance was distributed or sold that such restitution has

2-6 been ordered.

2-7 4. A person who:

2-8 (a) Uses or possesses with the intent to use an imitation controlled

2-9 substance; or

2-10 (b) Advertises or solicits in any manner with reasonable knowledge that

2-11 the advertisement or solicitation is to promote the distribution of an

2-12 imitation controlled substance,

2-13 is guilty of a gross misdemeanor upon his first and second convictions, and

2-14 upon a third or any further conviction, is guilty of a category C felony and

2-15 shall be punished as provided in NRS 193.130.

2-16 5. For the purposes of this section:

2-17 (a) "Distribute" means the actual, constructive or attempted transfer,

2-18 delivery or dispensing to another of an imitation controlled substance.

2-19 (b) "Imitation controlled substance" means a substance, not a controlled

2-20 substance, which:

2-21 (1) In the form distributed is shaped, marked or colored so as to lead

2-22 a reasonable person to believe it is a controlled substance; or

2-23 (2) Is represented to be a controlled substance. In determining

2-24 whether such a representation was made, the court shall consider, in

2-25 addition to all other logically relevant factors:

2-26 (I) Statements made by the defendant regarding the nature of the

2-27 substance, its use or effect.

2-28 (II) Statements made by the defendant regarding the recipient’s

2-29 ability to resell the substance at a substantially higher price than is

2-30 customary for the substance.

2-31 (III) Whether the substance is packaged in a manner normally used

2-32 for illicit controlled substances.

2-33 6. This section does not apply to the manufacture, distribution, sale or

2-34 possession of an imitation controlled substance for use as a placebo by a

2-35 practitioner in the course of his professional practice or research.

2-36 Sec. 2. NRS 453.334 is hereby amended to read as follows:

2-37 453.334 Unless a greater penalty is provided in NRS 453.333, a

2-43 beginning when a minimum of 5 years has been served; or

3-1 2. For a definite term of 15 years, with eligibility for parole beginning

3-2 when a minimum of 5 years has been served,

3-3 and may be further punished by a fine of not more than $20,000. In

3-4 addition to any other penalty, the court shall order a person who is 18

3-5 years of age or older who is convicted of selling a controlled substance to

3-6 a minor in violation of this chapter to pay restitution for any costs

3-7 incurred for the participation of the minor in a program for the treatment

3-8 of the abuse of controlled substances. The court shall notify the parent,

3-9 guardian or other person legally responsible for the minor that such

3-10 restitution has been ordered.

3-11 Sec. 3. NRS 453.562 is hereby amended to read as follows:

3-12 453.562 A person 18 years of age or older who violates NRS 453.560

3-21 delivered that such restitution has been ordered.

3-22 Sec. 4. The amendatory provisions of this act do not apply to offenses

3-23 that were committed before October 1, 1999.