Nevada Revised Statutes

Nev. Rev. Stat. § 453.338 (2026)

Unlawful possession for sale of substances classified in schedule III, IV or V; penalties

✓ current as of July 2026

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NRS 453.338 Unlawful possession for sale of substances classified in schedule III, IV or V; penalties.

1. Except as 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 any controlled substance classified in schedule III, IV or V.

2. A person who violates this section shall be punished:

(a) For the first and second offense, for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $10,000.

(b) For a third or subsequent offense, or if the offender has been previously 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 C felony as provided in NRS 193.130.

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 of violating this section and punishable under paragraph (b) of subsection 2.

(Added to NRS by 1977, 1407; A 1979, 1474; 1981, 743; 1995, 1287; 1997, 523; 2019, 4473)

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2011–2022 · leading case: Adam v. State, 261 P.3d 1063 (Nev. 2011).

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Adam v. State, 261 P.3d 1063 (Nev. 2011). “321 (providing that sale of controlled substance is category B felony), and NRS 453.338 (providing that first and second offense of possession for the purpose of sale is category D felony).”

Jorge Guerra-Leyva v. Merrick Garland (9th Cir. 2022). “Guerra-Leyva argues he was admissible, as his controlled substances conviction under Nev. Rev. Stat. § 453.338 could not disqualify him pursuant to 8 U.”

LaChance v. State, 2014 NV 29 (Nev. 2014). “337(2) (penalties for possession for sale of schedule I and II controlled substance), and NRS 453.338(2) (penalties for possession for sale of schedule III, IV, or V controlled substance).”

— Nev. Rev. Stat. § 453.338(2) — 1 case

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