NRS
453.337 Unlawful possession for sale of flunitrazepam,
gamma-hydroxybutyrate and schedule I or II substances; penalties.
1. Except as otherwise authorized by the
provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a
person to possess for the purpose of sale flunitrazepam, gamma-hydroxybutyrate,
any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate
precursor or any controlled substance classified in schedule I or II.
2. Unless a greater penalty is provided in
NRS 453.3385, 453.3387 or 453.339, a person who violates this section
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 section, the offender has previously been
convicted of a felony under the Uniform Controlled Substances Act or of an
offense under the laws of the United States or any state, territory or district
which, if committed in this State, would amount to a felony under the Uniform
Controlled Substances Act, 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 a felony under the
Uniform Controlled Substances Act 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 felony under the Uniform Controlled Substances Act,
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. Except as otherwise provided in this
subsection, 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 of violating this section and punishable pursuant to paragraph
(b) or (c) of subsection 2. The court shall not grant probation to or suspend
the sentence of a person convicted of violating this section, even if mitigating
circumstances exist that would otherwise warrant the granting of probation, if
the person violated this section by possessing flunitrazepam,
gamma-hydroxybutyrate or any substance for which flunitrazepam or
gamma-hydroxybutyrate is an immediate precursor.
(Added to NRS by 1977,
1407; A 1981,
742; 1983,
291; 1995,
1287; 1997,
904; 2019,
4473; 2023,
2894)
Notes of Decisions
Figueroa-beltran Vs. U.S. of Am. (nrap 5), 2020 NV 45 (Nev. 2020).
· cites it 90× “GROWN CLE UPREME cot] BY Certified question, pursuant to NRAP 5, regarding a federal sentencing enhancement for a prior conviction of possession of a controlled substance with intent to sell under NRS 453.337. United States Court of Appeals for the Ninth Circuit; Diarmuid F.”
Hayes v. State, 797 P.2d 962 (Nev. 1990).
· cites it 6× “NRS 453.337 authorizes various sentences for possession for purposes of sale, "[u]nless a greater penalty is provided in NRS .”
Vidal v. State, 769 P.2d 1292 (Nev. 1989).
· cites it 6× “See NRS 453.337; NRS 453.3385. Vidal seeks reversal of his convictions upon numerous grounds.”
Dail v. State, 610 P.2d 1193 (Nev. 1980).
· cites it 2× “NRS 453.337. The trial of the criminal charges had not yet occurred.”
Andrews v. State, 412 P.3d 37 (Nev. 2018).
“See NRS 453.337, .338, .3385, .3395. More importantly, at least two statutes directly refer to NRS 453.”
Sheriff, Clark Cnty. v. Luqman, 697 P.2d 107 (Nev. 1985).
“In the first count, Luqman is charged under NRS 453.337 with possession of and the intent to sell heroin.”
Maiola v. State, 99 P.3d 227 (Nev. 2004).
“301(9) also provides: If an amount of cash which exceeds $300 is found in the possession of a person who is arrested for a violation of NRS 453.337 or 453.338, then there is a rebuttable presumption that the cash is traceable to an exchange for a controlled substance and is…”
Sheriff v. Shade, 858 P.2d 840 (Nev. 1993).
· cites it 2× “321, one count of possession of a controlled substance (heroin) for the purpose of sale in violation of NRS 453.337, one count of possession of a controlled substance (heroin) in violation of NRS 453.”
Gama v. State, 920 P.2d 1010 (Nev. 1996).
“Gama was charged with possession of a controlled substance for sale, a felony under NRS 453.337. 1 Following a preliminary hearing, Gama moved to suppress the evidence found during the search of his car.”
Adam v. State, 261 P.3d 1063 (Nev. 2011).
“That logical extension makes sense: the procuring agent defense applies to a charge of possession for the purpose of sale because the defense negates an element of the offense — the intent to sell the controlled substance, see NRS 453.337 — the same as it negates the sales…”
— Nev. Rev. Stat. § 453.337(1) — 4 cases
Figueroa-beltran Vs. U.S. of Am. (nrap 5), 2020 NV 45 (Nev. 2020).
“GROWN CLE UPREME cot] BY Certified question, pursuant to NRAP 5, regarding a federal sentencing enhancement for a prior conviction of possession of a controlled substance with intent to sell under NRS 453.337. United States Court of Appeals for the Ninth Circuit; Diarmuid F.”
— Nev. Rev. Stat. § 453.337(2) — 3 cases
Hayes v. State, 797 P.2d 962 (Nev. 1990).
“NRS 453.337 authorizes various sentences for possession for purposes of sale, "[u]nless a greater penalty is provided in NRS .”
Vidal v. State, 769 P.2d 1292 (Nev. 1989).
“See NRS 453.337; NRS 453.3385. Vidal seeks reversal of his convictions upon numerous grounds.”
— Nev. Rev. Stat. § 453.337(2)(a) — 5 cases
— Nev. Rev. Stat. § 453.337(2)(c) — 1 case
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