Assembly Bill No. 387–Assemblymen Cegavske, Freeman, Gibbons, Angle, Berman, Brower, Brown, Chowning, Claborn, Collins, Goldwater, Gustavson, Hettrick, Koivisto, Leslie, McClain, Tiffany and Williams

 

March 15, 2001

____________

 

Joint Sponsors: Senators Neal, Amodei, Jacobsen,
Mathews and Shaffer

____________

 

Referred to Committee on Health and Human Services

 

SUMMARY—Makes various changes concerning certain immediate precursors to controlled substances. (BDR 40‑101)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to controlled substances; prohibiting a person, other than a registered pharmacist or a person working in a pharmacy and acting under the direct and immediate supervision of a registered pharmacist, from selling certain immediate precursors to controlled substances at retail; prohibiting the possession of certain amounts of certain immediate precursors to controlled substances; providing penalties; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Chapter 453 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 and 3 of this act.

1-3    Sec. 2.  1.  A person, other than a registered pharmacist or a person

1-4  who is working in a pharmacy and acting under the direct and immediate

1-5  supervision of a registered pharmacist, shall not sell at retail an

1-6  immediate precursor that is easily converted from a lawful to an

1-7  unlawful use and that is not restricted to sale by prescription.

1-8    2.  A person who violates the provisions of subsection 1 is guilty of a

1-9  category D felony and shall be punished as provided in NRS 193.130.

1-10    3.  The board shall adopt regulations establishing guidelines

1-11  concerning the sale of immediate precursors pursuant to this section.

1-12  Regulations adopted pursuant to this section must include, without

2-1  limitation, the manner in which such immediate precursors must be

2-2  stored in a pharmacy and the circumstances under which such

2-3  immediate precursors may be sold.

2-4    4.  As used in this section, “registered pharmacist” has the meaning

2-5  ascribed to it in NRS 639.015.

2-6    Sec. 3.  1.  Except as otherwise authorized pursuant to NRS 453.011

2-7  to 453.552, inclusive, it is unlawful for a person to possess 10 grams or

2-8  more of an immediate precursor that is easily converted from a lawful to

2-9  an unlawful use.

2-10    2.  Unless a greater penalty is provided in NRS 453.322, a person who

2-11  violates the provisions of subsection 1, if the quantity involved:

2-12    (a) Is at least 10 grams, but less than 455 grams, is guilty of a

2-13  category D felony and shall be punished as provided in NRS 193.130,

2-14  and may be further punished by a fine of not more than $10,000.

2-15    (b) Is 455 grams or more, is guilty of a category B felony and shall be

2-16  punished by imprisonment in the state prison for a minimum term of not

2-17  less than 3 years and a maximum term of not more than 15 years, and

2-18  may be further punished by a fine of not more than $15,000.

2-19    Sec. 4.  NRS 453.146 is hereby amended to read as follows:

2-20    453.146  1.  The board shall administer the provisions of NRS

2-21  453.011 to 453.552, inclusive, and sections 2 and 3 of this act, and may

2-22  add substances to or delete or reschedule all substances enumerated in

2-23  schedules I, II, III, IV and V by regulation.

2-24    2.  In making a determination regarding a substance, the board shall

2-25  consider the following:

2-26    (a) The actual or relative potential for abuse;

2-27    (b) The scientific evidence of its pharmacological effect, if known;

2-28    (c) The state of current scientific knowledge regarding the substance;

2-29    (d) The history and current pattern of abuse;

2-30    (e) The scope, duration and significance of abuse;

2-31    (f) The risk to the public health;

2-32    (g) The potential of the substance to produce psychic or physiological

2-33  dependence liability; and

2-34    (h) Whether the substance is an immediate precursor of a controlled

2-35  substance.

2-36    3.  The board may consider findings of the federal Food and Drug

2-37  Administration or the Drug Enforcement Administration as prima facie

2-38  evidence relating to one or more of the determinative factors.

2-39    4.  After considering the factors enumerated in subsection 2 the board

2-40  shall make findings with respect thereto and adopt a regulation controlling

2-41  the substance if it finds the substance has a potential for abuse.

2-42    5.  The board shall designate as a controlled substance a steroid or

2-43  other product which is used to enhance athletic performance, muscle mass,

2-44  strength or weight without medical necessity. The board may not designate

2-45  as a controlled substance an anabolic steroid which is:

2-46    (a) Expressly intended to be administered through an implant to cattle,

2-47  poultry or other animals; and

2-48    (b) Approved by the Food and Drug Administration for such use.

 

3-1    Sec. 5.  NRS 453.301 is hereby amended to read as follows:

3-2    453.301  The following are subject to forfeiture pursuant to NRS

3-3  179.1156 to 179.119, inclusive:

3-4    1.  All controlled substances which have been manufactured,

3-5  distributed, dispensed or acquired in violation of the provisions of NRS

3-6  453.011 to 453.552, inclusive, or a law of any other jurisdiction which

3-7  prohibits the same or similar conduct.

3-8    2.  All raw materials, products and equipment of any kind which are

3-9  used, or intended for use, in manufacturing, compounding, processing,

3-10  delivering, importing or exporting any controlled substance in violation of

3-11  the provisions of NRS 453.011 to 453.552, inclusive, or a law of any other

3-12  jurisdiction which prohibits the same or similar conduct.

3-13    3.  All property which is used, or intended for use, as a container for

3-14  property described in subsections 1 and 2.

3-15    4.  All books, records and research products and materials, including

3-16  formulas, microfilm, tapes and data, which are used, or intended for use, in

3-17  violation of the provisions of NRS 453.011 to 453.552, inclusive, and

3-18  sections 2 and 3 of this act, or a law of any other jurisdiction which

3-19  prohibits the same or similar conduct.

3-20    5.  All conveyances, including aircraft, vehicles or vessels, which are

3-21  used, or intended for use, to transport, or in any manner to facilitate the

3-22  transportation, concealment, manufacture or protection, for the purpose of

3-23  sale, possession for sale or receipt of property described in subsection 1
or 2.

3-24    6.  All drug paraphernalia as defined by NRS 453.554 which are used

3-25  in violation of NRS 453.560, 453.562 or 453.566 or a law of any other

3-26  jurisdiction which prohibits the same or similar conduct, or of an injunction

3-27  issued pursuant to NRS 453.558.

3-28    7.  All imitation controlled substances which have been manufactured,

3-29  distributed or dispensed in violation of the provisions of NRS 453.332 or a

3-30  law of any other jurisdiction which prohibits the same or similar conduct.

3-31    8.  All real property and mobile homes used or intended to be used by

3-32  any owner or tenant of the property or mobile home to facilitate a violation

3-33  of the provisions of NRS 453.011 to 453.552, inclusive, and sections 2

3-34  and 3 of this act, except NRS 453.336, or used or intended to be used to

3-35  facilitate a violation of a law of any other jurisdiction which prohibits the

3-36  same or similar conduct as prohibited in NRS 453.011 to 453.552,

3-37  inclusive, and sections 2 and 3 of this act, except NRS 453.336. As used

3-38  in this subsection, “tenant” means any person entitled, under a written or

3-39  oral rental agreement, to occupy real property or a mobile home to the

3-40  exclusion of others.

3-41    9.  Everything of value furnished or intended to be furnished in

3-42  exchange for a controlled substance in violation of the provisions of NRS

3-43  453.011 to 453.552, inclusive, or a law of any other jurisdiction which

3-44  prohibits the same or similar conduct, all proceeds traceable to such an

3-45  exchange, and all other property used or intended to be used to facilitate a

3-46  violation of the provisions of NRS 453.011 to 453.552, inclusive, and

3-47  sections 2 and 3 of this act, except NRS 453.336, or used or intended to be

3-48  used to facilitate a violation of a law of any other jurisdiction which

4-1  prohibits the same or similar conduct as prohibited in NRS 453.011 to

4-2  453.552, inclusive, and sections 2 and 3 of this act, except NRS 453.336.

4-3  If an amount of cash which exceeds $300 is found in the possession of a

4-4  person who is arrested for a violation of NRS 453.337 or 453.338, then

4-5  there is a rebuttable presumption that the cash is traceable to an exchange

4-6  for a controlled substance and is subject to forfeiture pursuant to this

4-7  subsection.

4-8    10.  All firearms, as defined by NRS 202.253, which are in the actual

4-9  or constructive possession of a person who possesses or is consuming,

4-10  manufacturing, transporting, selling or under the influence of any

4-11  controlled substance in violation of the provisions of NRS 453.011 to

4-12  453.552, inclusive, or a law of any other jurisdiction which prohibits the

4-13  same or similar conduct.

4-14    Sec. 6.  NRS 453.305 is hereby amended to read as follows:

4-15    453.305  1.  Whenever a person is arrested for violating any of the

4-16  provisions of NRS 453.011 to 453.552, inclusive, and sections 2 and 3 of

4-17  this act, except NRS 453.336, and real property or a mobile home occupied

4-18  by him as a tenant has been used to facilitate the violation, the prosecuting

4-19  attorney responsible for the case shall cause to be delivered to the owner of

4-20  the property or mobile home a written notice of the arrest.

4-21    2.  Whenever a person is convicted of violating any of the provisions of

4-22  NRS 453.011 to 453.552, inclusive, and sections 2 and 3 of this act,

4-23  except NRS 453.336, and real property or a mobile home occupied by him

4-24  as a tenant has been used to facilitate the violation, the prosecuting attorney

4-25  responsible for the case shall cause to be delivered to the owner of the

4-26  property or mobile home a written notice of the conviction.

4-27    3.  The notices required by this section must:

4-28    (a) Be written in language which is easily understood;

4-29    (b) Be sent by certified or registered mail, return receipt requested, to

4-30  the owner at his last known address;

4-31    (c) Be sent within 15 days after the arrest occurs or judgment of

4-32  conviction is entered against the tenant, as the case may be;

4-33    (d) Identify the tenant involved and the offense for which he has been

4-34  arrested or convicted; and

4-35    (e) Advise the owner that:

4-36      (1) The property or mobile home is subject to forfeiture pursuant to

4-37  NRS 453.301 and 179.1156 to 179.119, inclusive, unless the tenant, if

4-38  convicted, is evicted;

4-39      (2) Any similar violation by the same tenant in the future may also

4-40  result in the forfeiture of the property unless the tenant has been evicted;

4-41      (3) In any proceeding for forfeiture based upon such a violation he

4-42  will, by reason of the notice, be deemed to have known of and consented to

4-43  the unlawful use of the property or mobile home; and

4-44      (4) The provisions of NRS 40.2514 and 40.254 authorize the

4-45  supplemental remedy of summary eviction to facilitate his recovery of the

4-46  property or mobile home upon such a violation and provide for the

4-47  recovery of any reasonable attorney’s fees he incurs in doing so.

4-48    4.  Nothing in this section shall be deemed to preclude the

4-49  commencement of a proceeding for forfeiture or the forfeiture of the

5-1  property or mobile home, whether or not the notices required by this

5-2  section are given as required, if the proceeding and forfeiture are otherwise

5-3  authorized pursuant to NRS 453.301 and 179.1156 to 179.119, inclusive.

5-4    5.  As used in this section, “tenant” means any person entitled under a

5-5  written or oral rental agreement to occupy real property or a mobile home

5-6  to the exclusion of others.

5-7    Sec. 7.  NRS 453.552 is hereby amended to read as follows:

5-8    453.552  1.  Any penalty imposed for violation of NRS 453.011 to

5-9  453.551, inclusive, and sections 2 and 3 of this act, is in addition to, and

5-10  not in lieu of, any civil or administrative penalty or sanction otherwise

5-11  authorized by law.

5-12    2.  Any violation of the provisions of NRS 453.011 to 453.551,

5-13  inclusive, and sections 2 and 3 of this act, where no other penalty is

5-14  specifically provided, is a misdemeanor.

5-15    Sec. 8.  NRS 207.360 is hereby amended to read as follows:

5-16    207.360  “Crime related to racketeering” means the commission of,

5-17  attempt to commit or conspiracy to commit any of the following crimes:

5-18    1.  Murder;

5-19    2.  Manslaughter;

5-20    3.  Mayhem;

5-21    4.  Battery which is punished as a felony;

5-22    5.  Kidnapping;

5-23    6.  Sexual assault;

5-24    7.  Arson;

5-25    8.  Robbery;

5-26    9.  Taking property from another under circumstances not amounting to

5-27  robbery;

5-28    10.  Extortion;

5-29    11.  Statutory sexual seduction;

5-30    12.  Extortionate collection of debt in violation of NRS 205.322;

5-31    13.  Forgery;

5-32    14.  Any violation of NRS 199.280 which is punished as a felony;

5-33    15.  Burglary;

5-34    16.  Grand larceny;

5-35    17.  Bribery or asking for or receiving a bribe in violation of chapter

5-36  197 or 199 of NRS which is punished as a felony;

5-37    18.  Battery with intent to commit a crime in violation of NRS 200.400;

5-38    19.  Assault with a deadly weapon;

5-39    20.  Any violation of NRS 453.232, 453.316 to 453.3395, inclusive, or

5-40  section 3 of this act or NRS 453.375 to 453.401, inclusive;

5-41    21.  Receiving or transferring a stolen vehicle;

5-42    22.  Any violation of NRS 202.260, 202.275 or 202.350 which is

5-43  punished as a felony;

5-44    23.  Any violation of subsection 2 or 3 of NRS 463.360 or chapter 465

5-45  of NRS;

5-46    24.  Receiving, possessing or withholding stolen goods valued at $250

5-47  or more;

5-48    25.  Embezzlement of money or property valued at $250 or more;

6-1    26.  Obtaining possession of money or property valued at $250 or

6-2  more, or obtaining a signature by means of false pretenses;

6-3    27.  Perjury or subornation of perjury;

6-4    28.  Offering false evidence;

6-5    29.  Any violation of NRS 201.300 or 201.360;

6-6    30.  Any violation of NRS 90.570, 91.230, 686A.290 or 686A.291; or

6-7    31.  Any violation of NRS 205.506, 205.920 or 205.930.

6-8    Sec. 9.  NRS 639.270 is hereby amended to read as follows:

6-9    639.270  Any drug, medicine, remedy, poison or chemical, the sale of

6-10  which is not otherwise restricted as provided by this chapter[,] or section 2

6-11  of this act, and any patent or proprietary medicine, may be sold by grocers

6-12  and dealers generally without restriction when prepared and sold in original

6-13  and unbroken packages and, if poisonous, labeled with the official poison

6-14  labels and sold in accordance with the requirements of the Federal Food,

6-15  Drug and Cosmetic Act[.] , 21 U.S.C. §§ 301 et seq.

6-16    Sec. 10.  NRS 639.285 is hereby amended to read as follows:

6-17    639.285  [Any] Except as otherwise provided in section 2 of this act, a

6-18  person not licensed by the board, who sells, displays or offers for sale any

6-19  drug, device or poison, the sale of which is restricted to prescription only

6-20  or by a registered pharmacist or under his direct and immediate

6-21  supervision, is guilty of a misdemeanor.

6-22    Sec. 11.  The amendatory provisions of this act do not apply to

6-23  offenses committed before October 1, 2001.

 

6-24  H