1-3 possess a controlled substance unless the substance was obtained directly

1-4 from, or pursuant to, a valid prescription or order of a physician,

1-5 physician’s assistant, dentist, podiatric physician or veterinarian while

1-6 acting in the course of his professional practice, or except as otherwise

1-7 authorized by the provisions of NRS 453.011 to 453.552, inclusive.

1-8 2. Except as otherwise provided in subsections 3, 4 and 5 and in NRS

1-9 453.3363, and unless a greater penalty is provided in NRS 212.160,

1-10 453.3385, 453.339 or 453.3395, a person who violates this section shall be

1-11 punished:

1-12 (a) For the first or second offense, if the controlled substance is listed in

1-13 schedule I, II, III or IV, for a category E felony as provided in NRS

1-14 193.130.

1-15 (b) For a third or subsequent offense, if the controlled substance is

1-16 listed in schedule I, II, III or IV, or if the offender has previously been

1-17 convicted two or more times in the aggregate of any violation of the law of

1-18 the United States or of any state, territory or district relating to a controlled

1-19 substance, for a category D felony as provided in NRS 193.130, and may

3-17 any offense pursuant to NRS 453.011 to 453.552, inclusive, or pursuant to

3-18 any statute of the United States or of any state relating to narcotic drugs,

3-19 marihuana, or stimulant, depressant or hallucinogenic substances tenders a

3-20 plea of guilty, guilty but mentally ill, nolo contendere or similar plea to a

3-21 charge pursuant to NRS 453.336, 453.411 or 454.351, or is found guilty of

3-22 one of those charges, the court, without entering a judgment of conviction

3-23 and with the consent of the accused, may suspend further proceedings and

3-24 place him on probation or suspend his sentence upon terms and conditions

3-25 that must include attendance and successful completion of an educational

3-26 program or, in the case of a person dependent upon drugs, of a program of

3-27 treatment and rehabilitation pursuant to NRS 453.580.

3-28 2. Upon violation of a term or condition, the court may enter a

3-29 judgment of conviction and proceed as provided in the section pursuant to

3-30 which the accused was charged. Notwithstanding the provisions of

3-31 paragraph (e) of subsection 2 of NRS 193.130 [,] and unless the person

3-32 was sentenced pursuant to subsection 4 or 5 of NRS 453.336, upon

3-33 violation of a term or condition, the court may order the person to the

3-34 custody of the department of prisons.

3-35 3. Upon fulfillment of the terms and conditions, the court shall

3-36 discharge the accused and dismiss the proceedings against him. A

3-37 nonpublic record of the dismissal must be transmitted to and retained by

3-38 the division of parole and probation of the department of motor vehicles

3-39 and public safety solely for the use of the courts in determining whether, in

3-40 later proceedings, the person qualifies under this section.

3-41 4. Except as otherwise provided in subsection 5, discharge and

3-42 dismissal under this section is without adjudication of guilt and is not a

4-19 pursuant to subsection 3 of NRS 453.336, the court may order sealed all

4-20 documents, papers and exhibits in that person’s record, minute book

4-21 entries and entries on dockets, and other documents relating to the case in

4-22 the custody of such other agencies and officers as are named in the court’s

4-23 order, if the:

4-24 (a) Person fulfills the terms and conditions imposed by the court and the

4-25 parole and probation officer; and

4-26 (b) Court, after a hearing, is satisfied that the person is rehabilitated.

4-27 2. Except as limited by subsection 4, 3 years after an accused is

4-28 discharged [from probation] pursuant to NRS 453.3363, the court shall

4-29 order sealed all documents, papers and exhibits in that person’s record,

4-30 minute book entries and entries on dockets, and other documents relating

4-31 to the case in the custody of such other agencies and officers as are named

4-32 in the court’s order if the person fulfills the terms and conditions imposed

4-33 by the court and the division of parole and probation of the department of

4-34 motor vehicles and public safety. The court shall order those records sealed

4-35 without a hearing unless the division of parole and probation petitions the

4-36 court, for good cause shown, not to seal the records and requests a hearing

4-37 thereon.

4-38 3. If the court orders sealed the record of a person discharged pursuant

4-39 to NRS 453.3363, it shall send a copy of the order to each agency or

4-40 officer named in the order. Each such agency or officer shall notify the

4-41 court in writing of its compliance with the order.

4-42 4. A professional licensing board is entitled, for the purpose of

5-5 subsection 3, if two or more persons conspire to commit an offense which

5-6 is a felony under the Uniform Controlled Substances Act or conspire to

5-7 defraud the State of Nevada or an agency of the state in connection with its

5-8 enforcement of the Uniform Controlled Substances Act, and one of the

5-9 conspirators does an act in furtherance of the conspiracy, each conspirator:

5-10 (a) For a first offense, is guilty of a category C felony and shall be

5-11 punished as provided in NRS 193.130.

5-12 (b) For a second offense, or if, in the case of a first conviction of

5-13 violating this subsection, the conspirator has previously been convicted of

5-14 a felony under the Uniform Controlled Substances Act or of an offense

5-15 under the laws of the United States or of any state, territory or district

5-16 which if committed in this state, would amount to a felony under the

5-17 Uniform Controlled Substances Act, is guilty of a category B felony and

5-18 shall be punished by imprisonment in the state prison for a minimum term

5-19 of not less than 2 years and a maximum term of not more than 10 years,

5-20 and may be further punished by a fine of not more than $10,000.

5-21 (c) For a third or subsequent offense, or if the conspirator has

5-22 previously been convicted two or more times of a felony under the

5-23 Uniform Controlled Substances Act or of an offense under the laws of the

5-24 United States or any state, territory or district which, if committed in this

5-25 state, would amount to a felony under the Uniform Controlled Substances

5-26 Act, is guilty of a category B felony and shall be punished by

5-27 imprisonment in the state prison for a minimum term of not less than 3

5-28 years and a maximum term of not more than 15 years, and may be further

5-29 punished by a fine of not more than $20,000 for each offense.

5-30 2. [Except as otherwise provided in subsection 3, if] If two or more

5-31 persons conspire to commit an offense in violation of the Uniform

5-32 Controlled Substances Act and the offense does not constitute a felony,

5-33 and one of the conspirators does an act in furtherance of the conspiracy,

5-34 each conspirator shall be punished by imprisonment, or by imprisonment

5-35 and fine, for not more than the maximum punishment provided for the

5-36 offense which they conspired to commit.

5-37 3. [If two or more persons conspire to possess marihuana unlawfully,

5-38 except for the purpose of sale, and one of the conspirators does an act in

5-39 furtherance of the conspiracy, each conspirator is guilty of a gross

5-40 misdemeanor.

5-41 4.] If the conspiracy subjects the conspirators to criminal liability

5-42 under NRS 207.400, the persons so conspiring shall be punished in the