2-3 453.011 to 453.552, inclusive, and section 1 of this act and may add

2-4 substances to or delete or reschedule all substances enumerated in

2-5 schedules I, II, III, IV and V by regulation.

2-6 2. In making a determination regarding a substance, the board shall

2-7 consider the following:

2-8 (a) The actual or relative potential for abuse;

2-9 (b) The scientific evidence of its pharmacological effect, if known;

2-10 (c) The state of current scientific knowledge regarding the substance;

2-11 (d) The history and current pattern of abuse;

2-12 (e) The scope, duration and significance of abuse;

2-13 (f) The risk to the public health;

2-14 (g) The potential of the substance to produce psychic or physiological

2-15 dependence liability; and

2-16 (h) Whether the substance is an immediate precursor of a controlled

2-17 substance.

2-18 3. The board may consider findings of the federal Food and Drug

2-19 Administration or the Drug Enforcement Administration as prima facie

2-20 evidence relating to one or more of the determinative factors.

2-21 4. After considering the factors enumerated in subsection 2 the board

2-22 shall make findings with respect thereto and adopt a regulation controlling

2-23 the substance if it finds the substance has a potential for abuse.

2-24 5. The board shall designate as a controlled substance a steroid or

2-25 other product which is used to enhance athletic performance, muscle mass,

2-26 strength or weight without medical necessity. The board may not designate

2-27 as a controlled substance an anabolic steroid which is:

2-28 (a) Expressly intended to be administered through an implant to cattle,

2-29 poultry or other animals; and

2-33 to 453.552, inclusive, it is unlawful for a person to [import, transport,

2-34 manufacture, compound,] :

2-35 (a) Import, transport, sell, exchange, barter, supply, prescribe,

2-36 dispense, give away or administer a controlled or counterfeit substance ;

2-37 (b) Manufacture or compound a counterfeit substance or marihuana;

2-38 or [to offer]

2-39 (c) Offer or attempt to do any [such act.] act set forth in paragraph (a)

2-40 or (b).

2-41 2. Unless a greater penalty is provided in NRS 453.333 or 453.334, if

2-42 a person violates subsection 1 and the controlled substance is classified in

4-6 (a) To refuse or fail to make, keep or furnish any record, notification,

4-7 order form, statement, invoice or information required under the provisions

4-8 of NRS 453.011 to 453.552, inclusive [;] , and section 1 of this act;

4-9 (b) To refuse an entry into any premises for any inspection authorized

4-10 by the provisions of NRS 453.011 to 453.552, inclusive [;] , and section 1

4-11 of this act; or

4-12 (c) Knowingly to keep or maintain any store, shop, warehouse,

4-13 dwelling, building, vehicle, boat, aircraft or other structure or place which

4-14 is resorted to by persons using controlled substances in violation of the

4-15 provisions of NRS 453.011 to 453.552, inclusive, and section 1 of this act

4-16 for the purpose of using these substances, or which is used for keeping or

4-17 selling them in violation of those sections.

4-18 2. A person who violates this section is guilty of a category C felony

4-22 453.334, and except as otherwise provided in NRS 193.169, any person

4-23 who violates NRS 453.321 or 453.323 [:] or section 1 of this act:

4-24 (a) On the grounds of a public or private school, a playground, public

4-25 swimming pool, recreational center for youths or a video arcade;

4-26 (b) On a campus of the University and Community College System of

4-27 Nevada;

4-28 (c) Within 1,000 feet of the perimeter of such a school ground or

4-29 campus, playground, pool, recreational center or arcade; or

4-30 (d) Within 1,000 feet of a school bus stop from 1 hour before school

4-31 begins until 1 hour after school ends during scheduled school days,

4-32 must be punished by imprisonment in the state prison for a term equal to

4-33 and in addition to the term of imprisonment prescribed by statute for the

4-34 crime. The sentence prescribed by this section runs consecutively with the

4-35 sentence prescribed by statute for the crime.

4-36 2. This section does not create a separate offense but provides an

4-37 additional penalty for the primary offense, whose imposition is contingent

4-38 upon the finding of the prescribed fact.

4-39 3. For the purposes of this section:

4-40 (a) "Playground" means any outdoor facility, intended for recreation,

4-41 open to the public and in any portion thereof containing one or more

4-42 apparatus intended for the recreation of children, such as a sliding board,

5-11 453.011 to 453.552, inclusive, a person who knowingly or intentionally

5-12 sells, manufactures, delivers or brings into this state or who is knowingly

5-13 or intentionally in actual or constructive possession of flunitrazepam,

5-14 gamma-hydroxybutyrate, any substance for which flunitrazepam or

5-15 gamma-hydroxybutyrate is an immediate precursor or any controlled

5-16 substance which is listed in schedule I, except marihuana, or any mixture

5-17 which contains any such controlled substance, shall be punished, unless a

5-18 greater penalty is provided pursuant to section 1 of this act, if the quantity

5-19 involved:

5-20 1. Is 4 grams or more, but less than 14 grams, for a category B felony

5-21 by imprisonment in the state prison for a minimum term of not less than 1

5-22 year and a maximum term of not more than 6 years and by a fine of not

5-23 more than $50,000.

5-24 2. Is 14 grams or more, but less than 28 grams, for a category B felony

5-25 by imprisonment in the state prison for a minimum term of not less than 2

5-26 years and a maximum term of not more than 15 years and by a fine of not

5-27 more than $100,000.

5-28 3. Is 28 grams or more, for a category A felony by imprisonment in

5-29 the state prison:

5-30 (a) For life with the possibility of parole, with eligibility for parole

5-31 beginning when a minimum of 10 years has been served; or

5-32 (b) For a definite term of 25 years, with eligibility for parole beginning

5-33 when a minimum of 10 years has been served,

5-37 inclusive, a person who knowingly or intentionally sells, manufactures,

5-38 delivers or brings into this state or who is knowingly or intentionally in

5-39 actual or constructive possession of any controlled substance which is

5-40 listed in schedule II or any mixture which contains any such controlled

5-41 substance shall be punished, unless a greater penalty is provided pursuant

6-17 453.333, 453.334, 453.337, 453.338 or 453.401, or section 1 of this act,

6-18 any previous convictions of the offender for a felony relating to controlled

6-19 substances must be alleged in the indictment or information charging the

6-20 primary offense, but the conviction may not be alluded to on the trial of the

6-21 primary offense nor may any evidence of the previous offense be produced

6-22 in the presence of the jury except as otherwise prescribed by law. If the

6-23 offender pleads guilty or guilty but mentally ill to or is convicted of the

6-24 primary offense but denies any previous conviction charged, the court shall

6-25 determine the issue after hearing all relevant evidence. A certified copy of

6-29 violation of the provisions of NRS 453.011 to 453.552, inclusive, or

6-30 section 1 of this act, any person who unlawfully sells, manufactures,

6-31 delivers or brings into this state, possesses for sale or participates in any

6-32 way in a sale of a controlled substance listed in schedule I, II or III is

6-33 subject to a civil penalty for each violation. This penalty must be recovered

6-34 in a civil action, brought in the name of the State of Nevada by the attorney

6-35 general or by any district attorney in a court of competent jurisdiction.

6-36 2. As used in this section and NRS 453.5531, 453.5532 and 453.5533:

6-37 (a) "Each violation" includes a continuous or repetitive violation arising

6-38 out of the same act.

6-39 (b) "Sell" includes exchange, barter, solicitation or receipt of an order,

6-40 transfer to another for sale or resale and any other transfer for any

6-41 consideration or a promise obtained directly or indirectly.

7-7 dangerous drug or immediate precursor is seized from a defendant by a

7-8 peace officer, the law enforcement agency of which the officer is a

7-9 member may, with the prior approval of the prosecuting attorney, petition

7-10 the district court in the county in which the defendant is charged to secure

7-11 permission to destroy a part of the substance.

7-12 2. Upon receipt of a petition filed pursuant to subsection 1, the district

7-13 court shall order the substance to be accurately weighed and the weight

7-14 thereof accurately recorded. The prosecuting attorney or his representative

7-15 and the defendant or his representative must be allowed to inspect and

7-16 weigh the substance.

7-17 3. If after completion of the weighing process the defendant does not

7-18 knowingly and voluntarily stipulate to the weight of the substance, the

7-19 district court shall hold a hearing to make a judicial determination of the

7-20 weight of the substance. The defendant, his attorney and any other witness

7-21 the defendant may designate may be present and testify at the hearing.

7-22 4. After a determination has been made as to the weight of the

7-23 substance, the district court may order all of the substance destroyed

7-24 except that amount which is reasonably necessary to enable each interested

7-25 party to analyze the substance to determine the composition of the

7-26 substance. The district court shall order the remaining sample to be sealed

7-27 and maintained for analysis before trial.

7-28 5. If the substance is finally determined not to be a controlled

7-29 substance, dangerous drug or immediate precursor, unless the substance

7-30 was destroyed pursuant to subsection 7, the owner may file a claim

7-31 against the county to recover the reasonable value of the property

7-32 destroyed pursuant to this section.

7-33 6. The district court’s finding as to the weight of a substance destroyed

7-34 pursuant to this section is admissible in any subsequent proceeding arising

7-35 out of the same transaction.

7-36 7. If at the time that a peace officer seizes from a defendant a

7-37 substance believed to be a controlled substance, dangerous drug or

7-38 immediate precursor, the peace officer discovers any material or

7-39 substance that he reasonably believes is hazardous waste, the peace

7-40 officer may appropriately dispose of the material or substance without

7-41 securing the permission of a court.

7-42 8. As used in this section:

8-7 attempt to commit or conspiracy to commit any of the following crimes:

8-8 1. Murder;

8-9 2. Manslaughter;

8-10 3. Mayhem;

8-11 4. Battery which is punished as a felony;

8-12 5. Kidnaping;

8-13 6. Sexual assault;

8-14 7. Arson;

8-15 8. Robbery;

8-16 9. Taking property from another under circumstances not amounting

8-17 to robbery;

8-18 10. Extortion;

8-19 11. Statutory sexual seduction;

8-20 12. Extortionate collection of debt in violation of NRS 205.322;

8-21 13. Forgery;

8-22 14. Any violation of NRS 199.280 which is punished as a felony;

8-23 15. Burglary;

8-24 16. Grand larceny;

8-25 17. Bribery or asking for or receiving a bribe in violation of chapter

8-26 197 or 199 of NRS which is punished as a felony;

8-27 18. Battery with intent to commit a crime in violation of NRS

8-28 200.400;

8-29 19. Assault with a deadly weapon;

8-30 20. Any violation of NRS 453.232, 453.316 to 453.3395, inclusive, or

8-31 section 1 of this act or NRS 453.375 to 453.401, inclusive;

8-32 21. Receiving or transferring a stolen vehicle;

8-33 22. Any violation of NRS 202.260, 202.275 or 202.350 which is

8-34 punished as a felony;

8-35 23. Any violation of subsection 2 or 3 of NRS 463.360 or chapter 465

8-36 of NRS;

8-37 24. Receiving, possessing or withholding stolen goods valued at $250

8-38 or more;

8-39 25. Embezzlement of money or property valued at $250 or more;

8-40 26. Obtaining possession of money or property valued at $250 or

8-41 more, or obtaining a signature by means of false pretenses;

8-42 27. Perjury or subornation of perjury;