NRS
453.321 Offer, attempt or commission of unauthorized act relating to
controlled or counterfeit substance unlawful; penalties; prohibition against
probation or suspension of sentence for certain repeat offenders unless
mitigating circumstances exist.
1. Except as authorized by the provisions
of NRS 453.011 to 453.552, inclusive, it is unlawful for a
person to:
(a) Import, transport, sell, exchange, barter,
supply, prescribe, dispense, give away or administer a controlled or
counterfeit substance;
(b) Manufacture or compound a counterfeit
substance; or
(c) Offer or attempt to do any act set forth in
paragraph (a) or (b).
2. Unless a greater penalty is provided in
NRS 453.333, 453.334 or 453.3355, if a person violates subsection
1 and the controlled substance is classified in schedule I or II, the person
shall be punished:
(a) For the first offense, for a category C
felony as provided in NRS 193.130.
(b) For a second offense, or if, in the case of a
first conviction under this subsection, the offender has previously been
convicted of an offense under this section or of any offense under the laws of
the United States or any state, territory or district which, if committed in
this State, would amount to an offense under this section, for a category B
felony by imprisonment in the state prison for a minimum term of not less than
2 years and a maximum term of not more than 10 years, and may be further
punished by a fine of not more than $20,000.
(c) For a third or subsequent offense, or if the
offender has previously been convicted two or more times under this section or
of any offense under the laws of the United States or any state, territory or
district which, if committed in this State, would amount to an offense under
this section, for a category B felony by imprisonment in the state prison for a
minimum term of not less than 3 years and a maximum term of not more than 15
years, and may be further punished by a fine of not more than $20,000 for each
offense.
3. Unless mitigating circumstances exist
that warrant the granting of probation, the court shall not grant probation to
or suspend the sentence of a person convicted under subsection 2 and punishable
pursuant to paragraph (b) or (c) of subsection 2.
4. Unless a greater penalty is provided in
NRS 453.333 or 453.334, if a person violates subsection 1,
and the controlled substance is classified in schedule III, IV or V, the person
shall be punished:
(a) For the first offense, for a category D
felony as provided in NRS 193.130.
(b) For a second offense, or if, in the case of a
first conviction of violating this subsection, the offender has previously been
convicted of violating this section or of any offense under the laws of the
United States or any state, territory or district which, if committed in this
State, would amount to a violation of this section, for a category C felony as
provided in NRS 193.130.
(c) For a third or subsequent offense, or if the
offender has previously been convicted two or more times of violating this
section or of any offense under the laws of the United States or any state,
territory or district which, if committed in this State, would amount to a
violation of this section, for a category B felony by imprisonment in the state
prison for a minimum term of not less than 2 years and a maximum term of not
more than 10 years, and may be further punished by a fine of not more than
$15,000 for each offense.
5. Unless mitigating circumstances exist
that warrant the granting of probation, the court shall not grant probation to
or suspend the sentence of a person convicted under subsection 4 and punishable
pursuant to paragraph (b) or (c) of subsection 4.
(Added to NRS by 1971,
2018; A 1973,
1213, 1372;
1977,
1411; 1979,
1471, 1667;
1981,
739; 1983,
510; 1995,
1281; 1999,
2637; 2019,
4465; 2023,
2888)
Notes of Decisions
Cited in
79
cases (
1 in the last 5 years), 1972–2026 · leading case:
Paige v. State, 995 P.2d 1020 (Nev. 2000).
Paige v. State, 995 P.2d 1020 (Nev. 2000).
· cites it 20× “Paige was tried and convicted of one count of offering, agreeing, or arranging to sell or give away a controlled substance, a *208 felony under NRS 453.321. The district court sentenced Paige to serve twenty-eight to seventy-two months in prison.”
Figueroa-beltran Vs. U.S. of Am. (nrap 5), 2020 NV 45 (Nev. 2020).
· cites it 6× “2d 1245, 1245 (1977), involved the unit of prosecution under NRS 453.321, which prohibits the sale of a controlled substance.”
Sparkman v. State, 590 P.2d 151 (Nev. 1979).
· cites it 10× “For the sales, Sparkman was sentenced to concurrent terms of life imprisonment without the possibility of parole, these terms reflecting the maximum penalties available at the time the crimes were committed.”
Lader v. Warden, N. Nevada Corr. Ctr., 120 P.3d 1164 (Nev. 2005).
“350 (manufacture, importation, or possession of a dangerous weapon or carrying a concealed weapon without a permit); NRS 453.321 (sale or manufacture of a controlled substance); NRS 453.”
Washington v. State, 30 P.3d 1134 (Nev. 2001).
· cites it 2× “State that these two statutes along with NRS 453.321 “are part of an overall statutory scheme that is designed to supplement, not supplant, the intended coverage of one another,” 22 we conclude that the only logical and reasonable construction of NRS 453.”
State v. Jones, 605 P.2d 202 (Nev. 1980).
· cites it 4× “Furthermore, because of the diverse and complex penalties that may be assessed by a trial court pursuant to NRS 453.321 as well as certain prohibition to probation therein (NRS 453.”
Washington v. State, 30 P.3d 1134 (Nev. 2001).
· cites it 2× “State that these two statutes along with NRS 453.321 "are part of an overall statutory scheme that is designed to supplement, not supplant, the intended coverage of one another," [22] we conclude that the only logical and reasonable construction of NRS 453.”
Sheriff, Clark Cnty. v. Morris, 659 P.2d 852 (Nev. 1983).
· cites it 2× “[7] NRS 453.321, NRS 453.196. [8] Here, the medical examiner testified before the grand jury that the level of trichloral ethanol found in the decedent was a lethal dose of "77.”
Adam v. State, 261 P.3d 1063 (Nev. 2011).
· cites it 2× “336 (providing that first and second offense of simple possession is category E felony), with NRS 453.321 (providing that sale of controlled substance is category B felony), and NRS 453.”
Greene v. State, 612 P.2d 686 (Nev. 1980).
“: A jury convicted appellant of violating NRS 453.321, which provided in material part: “1.”
Walker v. State, 542 P.2d 438 (Nev. 1975).
· cites it 2× “OPINION Per Curiam: A jury found George Walker guilty of the sale of a controlled substance (heroin), in violation of NRS 453.321. Since this was his second conviction for the sale of heroin, Walker was sentenced to life imprisonment in the Nevada State Prison without…”
Pickard v. State, 585 P.2d 1342 (Nev. 1978).
· cites it 3× “) NRS 453.321. Appellant contends the imposition of a mandatory life sentence for the first offense of giving less than one ounce of marijuana to a minor is cruel and unusual punishment in violation of the Eighth Amendment of the federal constitution, and that he should be…”
— Nev. Rev. Stat. § 453.321(1) — 10 cases
— Nev. Rev. Stat. § 453.321(1)(a) — 1 case
— Nev. Rev. Stat. § 453.321(2) — 3 cases
— Nev. Rev. Stat. § 453.321(2)(a) — 1 case
Sparkman v. State, 590 P.2d 151 (Nev. 1979).
“For the sales, Sparkman was sentenced to concurrent terms of life imprisonment without the possibility of parole, these terms reflecting the maximum penalties available at the time the crimes were committed.”
— Nev. Rev. Stat. § 453.321(2)(a)(2) — 1 case
Pickard v. State, 585 P.2d 1342 (Nev. 1978).
“) NRS 453.321. Appellant contends the imposition of a mandatory life sentence for the first offense of giving less than one ounce of marijuana to a minor is cruel and unusual punishment in violation of the Eighth Amendment of the federal constitution, and that he should be…”
— Nev. Rev. Stat. § 453.321(2)(b) — 1 case
Sparkman v. State, 590 P.2d 151 (Nev. 1979).
“For the sales, Sparkman was sentenced to concurrent terms of life imprisonment without the possibility of parole, these terms reflecting the maximum penalties available at the time the crimes were committed.”
— Nev. Rev. Stat. § 453.321(3) — 1 case
State v. Jones, 605 P.2d 202 (Nev. 1980).
“Furthermore, because of the diverse and complex penalties that may be assessed by a trial court pursuant to NRS 453.321 as well as certain prohibition to probation therein (NRS 453.”
— Nev. Rev. Stat. § 453.321(3)(a) — 1 case
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