(REPRINTED WITH ADOPTED AMENDMENTS)
FIRST REPRINTS.B. 242
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.
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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).
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 1 pound or more of marijuana; or
1-6 (b) Offer or attempt to grow, cultivate or propagate 1 pound or more
1-7 of marijuana.
1-8 2. A person who violates the provisions of subsection 1 shall be
1-9 punished, if the quantity involved:
1-10 (a) Is 1 pound or more, but less than 50 pounds, for a category E
1-11 felony as provided in NRS 193.130.
1-12 (b) Is 50 pounds or more, but less than 100 pounds, for a category D
1-13 felony as provided in NRS 193.130.
1-14 (c) Is 100 pounds or more, but less than 2,000 pounds, for a category
1-15 C felony as provided in NRS 193.130 and by a fine of not more than
1-16 $25,000.
1-17 (d) Is 2,000 pounds or more, but less than 10,000 pounds, for a
1-18 category B felony by imprisonment in the state prison for a minimum
1-19 term of not less than 2 years and a maximum term of not more than 10
1-20 years and by a fine of not more than $50,000.
2-1 (e) Is 10,000 pounds or more, for a category A felony by imprisonment
2-2 in the state prison:
2-3 (1) For life with the possibility of parole, with eligibility for parole
2-4 beginning when a minimum of 5 years has been served; or
2-5 (2) For a definite term of 15 years, with eligibility for parole
2-6 beginning when a minimum of 5 years has been served,
2-7 and by a fine of not more than $200,000.
2-8 3. For the purposes of this section:
2-9 (a) “Marijuana” means all parts of any plant of the genus Cannabis,
2-10 whether or not growing.
2-11 (b) The weight of marijuana is its weight when seized or as soon as
2-12 practicable thereafter.
2-13 Sec. 2. NRS 453.3345 is hereby amended to read as follows:
2-14 453.3345 1. Unless a greater penalty is provided in NRS 453.333 or
2-15 453.334, and except as otherwise provided in NRS 193.169, any person
2-16 who violates NRS 453.321, 453.322 or 453.323[:] or section 1 of this act:
2-17 (a) On the grounds of a public or private school, a playground, public
2-18 park, public swimming pool, recreational center for youths or a video
2-19 arcade;
2-20 (b) On a campus of the University and Community College System of
2-21 Nevada;
2-22 (c) Within 1,000 feet of the perimeter of such a school ground or
2-23 campus, playground, park, pool, recreational center or arcade; or
2-24 (d) Within 1,000 feet of a school bus stop from 1 hour before school
2-25 begins until 1 hour after school ends during scheduled school
2-26 days,
2-27 must be punished by imprisonment in the state prison for a term equal to
2-28 and in addition to the term of imprisonment prescribed by statute for the
2-29 crime. The sentence prescribed by this section runs consecutively with the
2-30 sentence prescribed by statute for the crime.
2-31 2. This section does not create a separate offense but provides an
2-32 additional penalty for the primary offense, whose imposition is contingent
2-33 upon the finding of the prescribed fact.
2-34 3. For the purposes of this section:
2-35 (a) “Playground” means any outdoor facility, intended for recreation,
2-36 open to the public and in any portion thereof containing one or more
2-37 apparatus intended for the recreation of children, such as a sliding board,
2-38 teeterboard, sandbox or swingset.
2-39 (b) “Recreational center for youths” means a recreational facility or
2-40 gymnasium which regularly provides athletic, civic or cultural activities for
2-41 persons under 18 years of age.
2-42 (c) “School bus” has the meaning ascribed to it in NRS 483.160.
2-43 (d) “Video arcade” means a facility legally accessible to persons under
2-44 18 years of age, intended primarily for the use of pinball and video
2-45 machines for amusement and which contains a minimum of 10 such
2-46 machines.
2-47 Sec. 3. NRS 453.553 is hereby amended to read as follows:
2-48 453.553 1. In addition to any criminal penalty imposed for a
2-49 violation of the provisions of NRS 453.011 to 453.552, inclusive, and
3-1 section 1 of this act, any person who unlawfully sells, manufactures,
3-2 delivers or brings into this state, possesses for sale or participates in any
3-3 way in a sale of a controlled substance listed in schedule I, II or III is
3-4 subject to a civil penalty for each violation. This penalty must be recovered
3-5 in a civil action, brought in the name of the State of Nevada by the attorney
3-6 general or by any district attorney in a court of competent jurisdiction.
3-7 2. As used in this section and NRS 453.5531, 453.5532 and 453.5533:
3-8 (a) “Each violation” includes a continuous or repetitive violation arising
3-9 out of the same act.
3-10 (b) “Sell” includes exchange, barter, solicitation or receipt of an order,
3-11 transfer to another for sale or resale and any other transfer for any
3-12 consideration or a promise obtained directly or indirectly.
3-13 (c) “Substitute” means a substance which:
3-14 (1) Was manufactured by a person who at the time was not currently
3-15 registered with the Secretary of Health and Human Services; and
3-16 (2) Is an imitation of or intended for use as a substitute for a
3-17 substance listed in schedule I, II or III.
3-18 Sec. 4. NRS 207.360 is hereby amended to read as follows:
3-19 207.360 “Crime related to racketeering” means the commission of,
3-20 attempt to commit or conspiracy to commit any of the following crimes:
3-21 1. Murder;
3-22 2. Manslaughter;
3-23 3. Mayhem;
3-24 4. Battery which is punished as a felony;
3-25 5. Kidnapping;
3-26 6. Sexual assault;
3-27 7. Arson;
3-28 8. Robbery;
3-29 9. Taking property from another under circumstances not amounting to
3-30 robbery;
3-31 10. Extortion;
3-32 11. Statutory sexual seduction;
3-33 12. Extortionate collection of debt in violation of NRS 205.322;
3-34 13. Forgery;
3-35 14. Any violation of NRS 199.280 which is punished as a felony;
3-36 15. Burglary;
3-37 16. Grand larceny;
3-38 17. Bribery or asking for or receiving a bribe in violation of chapter
3-39 197 or 199 of NRS which is punished as a felony;
3-40 18. Battery with intent to commit a crime in violation of NRS 200.400;
3-41 19. Assault with a deadly weapon;
3-42 20. Any violation of NRS 453.232, 453.316 to 453.3395, inclusive, or
3-43 453.375 to 453.401, inclusive[;] , or section 1 of this act;
3-44 21. Receiving or transferring a stolen vehicle;
3-45 22. Any violation of NRS 202.260, 202.275 or 202.350 which is
3-46 punished as a felony;
3-47 23. Any violation of subsection 2 or 3 of NRS 463.360 or chapter 465
3-48 of NRS;
4-1 24. Receiving, possessing or withholding stolen goods valued at $250
4-2 or more;
4-3 25. Embezzlement of money or property valued at $250 or more;
4-4 26. Obtaining possession of money or property valued at $250 or
4-5 more, or obtaining a signature by means of false pretenses;
4-6 27. Perjury or subornation of perjury;
4-7 28. Offering false evidence;
4-8 29. Any violation of NRS 201.300 or 201.360;
4-9 30. Any violation of NRS 90.570, 91.230, 686A.290 or 686A.291; or
4-10 31. Any violation of NRS 205.506, 205.920 or 205.930.
4-11 Sec. 5. The amendatory provisions of this act do apply to offenses
4-12 committed before October 1, 2001.
4-13 H