Senate Bill No. 242–Committee on Judiciary

 

(On Behalf of District Attorneys Association)

 

February 26, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Prohibits growing, cultivating or propagating of marijuana. (BDR 40‑469)

 

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 the growth, cultivation or propagation of marijuana; 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 a

1-2  new section to read as follows:

1-3    1.  Except as authorized by the provisions of NRS 453.011 to 453.552,

1-4  inclusive, it is unlawful to:

1-5    (a) Grow, cultivate or propagate marijuana; or

1-6    (b) Offer or attempt to grow, cultivate or propagate marijuana.

1-7    2.  Unless a greater penalty is provided in NRS 453.339:

1-8    (a) Except as otherwise provided in paragraphs (b) and (c), a person

1-9  who violates subsection 1 is guilty of a category B felony and shall be

1-10  punished by imprisonment in the state prison for a minimum term of not

1-11  less than 1 year and a maximum term of not more than 6 years, and may

1-12  be further punished by a fine of not more than $20,000.

1-13    (b) Except as otherwise provided in paragraph (c), a person who

1-14  violates subsection 1 who has previously been convicted of an offense

1-15  pursuant to this section or of an offense under the laws of the United

1-16  States or any state, territory or district that, if committed in this state,

1-17  would amount to an offense under this section, is guilty of a category B

1-18  felony and shall be punished by imprisonment in the state prison for a

1-19  minimum term of not less than 2 years and a maximum term of not more

1-20  than 10 years, and may be further punished by a fine of not more than

1-21  $20,000.

2-1    (c) A person who violates subsection 1 who has previously been

2-2  convicted two or more times of an offense pursuant to this section or of

2-3  an offense under the laws of the United States or any state, territory or

2-4  district that, if committed in this state, would amount to an offense under

2-5  this section, is guilty of a category B felony and shall be punished by

2-6  imprisonment in the state prison for a minimum term of not less than 3

2-7  years and a maximum term of not more than 15 years, and may be

2-8  further punished by a fine of not more than $20,000.

2-9    3.  The court shall not grant probation to or suspend the sentence of a

2-10  person convicted of an offense that is punishable pursuant to paragraph

2-11  (b) or (c) of subsection 2.

2-12    Sec. 2.  NRS 453.3345 is hereby amended to read as follows:

2-13    453.3345  1.  Unless a greater penalty is provided in NRS 453.333 or

2-14  453.334, and except as otherwise provided in NRS 193.169, any person

2-15  who violates NRS 453.321, 453.322 or 453.323[:] or section 1 of this act:

2-16    (a) On the grounds of a public or private school, a playground, public

2-17  park, public swimming pool, recreational center for youths or a video

2-18  arcade;

2-19    (b) On a campus of the University and Community College System of

2-20  Nevada;

2-21    (c) Within 1,000 feet of the perimeter of such a school ground or

2-22  campus, playground, park, pool, recreational center or arcade; or

2-23    (d) Within 1,000 feet of a school bus stop from 1 hour before school

2-24  begins until 1 hour after school ends during scheduled school
days,

2-25  must be punished by imprisonment in the state prison for a term equal to

2-26  and in addition to the term of imprisonment prescribed by statute for the

2-27  crime. The sentence prescribed by this section runs consecutively with the

2-28  sentence prescribed by statute for the crime.

2-29    2.  This section does not create a separate offense but provides an

2-30  additional penalty for the primary offense, whose imposition is contingent

2-31  upon the finding of the prescribed fact.

2-32    3.  For the purposes of this section:

2-33    (a) “Playground” means any outdoor facility, intended for recreation,

2-34  open to the public and in any portion thereof containing one or more

2-35  apparatus intended for the recreation of children, such as a sliding board,

2-36  teeterboard, sandbox or swingset.

2-37    (b) “Recreational center for youths” means a recreational facility or

2-38  gymnasium which regularly provides athletic, civic or cultural activities for

2-39  persons under 18 years of age.

2-40    (c) “School bus” has the meaning ascribed to it in NRS 483.160.

2-41    (d) “Video arcade” means a facility legally accessible to persons under

2-42  18 years of age, intended primarily for the use of pinball and video

2-43  machines for amusement and which contains a minimum of 10 such

2-44  machines.

2-45    Sec. 3.  NRS 453.339 is hereby amended to read as follows:

2-46    453.339  1.  Except as otherwise provided in NRS 453.011 to

2-47  453.552, inclusive, and unless a greater penalty is provided in section 1 of

2-48  this act, a person who knowingly or intentionally sells, manufactures,

3-1  delivers or brings into this state or who is knowingly or intentionally in

3-2  actual or constructive possession of marijuana shall be punished, if the

3-3  quantity involved:

3-4    (a) Is 100 pounds or more, but less than 2,000 pounds, for a category C

3-5  felony as provided in NRS 193.130 and by a fine of not more than $25,000.

3-6    (b) Is 2,000 pounds or more, but less than 10,000 pounds, for a category

3-7  B felony by imprisonment in the state prison for a minimum term of not

3-8  less than 2 years and a maximum term of not more than 10 years and by a

3-9  fine of not more than $50,000.

3-10    (c) Is 10,000 pounds or more, for a category A felony by imprisonment

3-11  in the state prison:

3-12      (1) For life with the possibility of parole, with eligibility for parole

3-13  beginning when a minimum of 5 years has been served; or

3-14      (2) For a definite term of 15 years, with eligibility for parole

3-15  beginning when a minimum of 5 years has been served,

3-16  and by a fine of not more than $200,000.

3-17    2.  For the purposes of this section:

3-18    (a) “Marijuana” means all parts of any plant of the genus Cannabis,

3-19  whether growing or not.

3-20    (b) The weight of marijuana is its weight when seized or as soon as

3-21  practicable thereafter.

3-22    Sec. 4.  NRS 453.348 is hereby amended to read as follows:

3-23    453.348  In any proceeding brought under NRS 453.316, 453.321,

3-24  453.322, 453.333, 453.334, 453.337, 453.338 or 453.401, or section 1 of

3-25  this act, any previous convictions of the offender for a felony relating to

3-26  controlled substances must be alleged in the indictment or information

3-27  charging the primary offense, but the conviction may not be alluded to on

3-28  the trial of the primary offense nor may any evidence of the previous

3-29  offense be produced in the presence of the jury except as otherwise

3-30  prescribed by law. If the offender pleads guilty or guilty but mentally ill to

3-31  or is convicted of the primary offense but denies any previous conviction

3-32  charged, the court shall determine the issue after hearing all relevant

3-33  evidence. A certified copy of a conviction of a felony is prima facie

3-34  evidence of the conviction.

3-35    Sec. 5.  NRS 453.553 is hereby amended to read as follows:

3-36    453.553  1.  In addition to any criminal penalty imposed for a

3-37  violation of the provisions of NRS 453.011 to 453.552, inclusive, and

3-38  section 1 of this act, any person who unlawfully sells, manufactures,

3-39  delivers or brings into this state, possesses for sale or participates in any

3-40  way in a sale of a controlled substance listed in schedule I, II or III is

3-41  subject to a civil penalty for each violation. This penalty must be recovered

3-42  in a civil action, brought in the name of the State of Nevada by the attorney

3-43  general or by any district attorney in a court of competent jurisdiction.

3-44    2.  As used in this section and NRS 453.5531, 453.5532 and 453.5533:

3-45    (a) “Each violation” includes a continuous or repetitive violation arising

3-46  out of the same act.

3-47    (b) “Sell” includes exchange, barter, solicitation or receipt of an order,

3-48  transfer to another for sale or resale and any other transfer for any

3-49  consideration or a promise obtained directly or indirectly.

4-1    (c) “Substitute” means a substance which:

4-2       (1) Was manufactured by a person who at the time was not currently

4-3  registered with the Secretary of Health and Human Services; and

4-4       (2) Is an imitation of or intended for use as a substitute for a

4-5  substance listed in schedule I, II or III.

4-6    Sec. 6.  NRS 207.360 is hereby amended to read as follows:

4-7    207.360  “Crime related to racketeering” means the commission of,

4-8  attempt to commit or conspiracy to commit any of the following crimes:

4-9    1.  Murder;

4-10    2.  Manslaughter;

4-11    3.  Mayhem;

4-12    4.  Battery which is punished as a felony;

4-13    5.  Kidnapping;

4-14    6.  Sexual assault;

4-15    7.  Arson;

4-16    8.  Robbery;

4-17    9.  Taking property from another under circumstances not amounting to

4-18  robbery;

4-19    10.  Extortion;

4-20    11.  Statutory sexual seduction;

4-21    12.  Extortionate collection of debt in violation of NRS 205.322;

4-22    13.  Forgery;

4-23    14.  Any violation of NRS 199.280 which is punished as a felony;

4-24    15.  Burglary;

4-25    16.  Grand larceny;

4-26    17.  Bribery or asking for or receiving a bribe in violation of chapter

4-27  197 or 199 of NRS which is punished as a felony;

4-28    18.  Battery with intent to commit a crime in violation of NRS 200.400;

4-29    19.  Assault with a deadly weapon;

4-30    20.  Any violation of NRS 453.232, 453.316 to 453.3395, inclusive, or

4-31  453.375 to 453.401, inclusive[;] , or section 1 of this act;

4-32    21.  Receiving or transferring a stolen vehicle;

4-33    22.  Any violation of NRS 202.260, 202.275 or 202.350 which is

4-34  punished as a felony;

4-35    23.  Any violation of subsection 2 or 3 of NRS 463.360 or chapter 465

4-36  of NRS;

4-37    24.  Receiving, possessing or withholding stolen goods valued at $250

4-38  or more;

4-39    25.  Embezzlement of money or property valued at $250 or more;

4-40    26.  Obtaining possession of money or property valued at $250 or

4-41  more, or obtaining a signature by means of false pretenses;

4-42    27.  Perjury or subornation of perjury;

4-43    28.  Offering false evidence;

4-44    29.  Any violation of NRS 201.300 or 201.360;

4-45    30.  Any violation of NRS 90.570, 91.230, 686A.290 or 686A.291; or

4-46    31.  Any violation of NRS 205.506, 205.920 or 205.930.

4-47    Sec. 7.  1.  Except as otherwise provided in subsection 2, the

4-48  amendatory provisions of this act do not apply to offenses committed

4-49  before October 1, 2001.

5-1    2.  The amendatory provisions of this act apply to offenses committed

5-2  before October 1, 2001, for the purposes of determining whether an offense

5-3  is punishable pursuant to paragraph (b) or (c) of subsection 2 of section 1

5-4  of this act.

 

5-5  H