NRS
453.3385 Trafficking in controlled substances: Flunitrazepam,
gamma-hydroxybutyrate and schedule I or II substances, except marijuana.
1. Except as otherwise authorized by the
provisions of NRS 453.011 to 453.552, inclusive, a person who knowingly
or intentionally sells, manufactures, delivers or brings into this State or who
is knowingly or intentionally in actual or constructive possession of
flunitrazepam, gamma-hydroxybutyrate, any substance for which flunitrazepam or
gamma-hydroxybutyrate is an immediate precursor or any controlled substance
which is listed in schedule I or II, except marijuana, or any mixture which
contains any such controlled substance, unless a greater penalty is provided
pursuant to NRS 453.322, if the quantity
involved:
(a) Is 100 grams or more, but less than 400
grams, is guilty of low-level trafficking and shall be punished 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 20 years and by a fine of not
more than $100,000.
(b) Is 400 grams or more, is guilty of high-level
trafficking and shall be punished for a category A felony by imprisonment in
the state prison:
(1) For life with the possibility of
parole, with eligibility for parole beginning when a minimum of 10 years has
been served; or
(2) For a definite term of 25 years, with
eligibility for parole beginning when a minimum of 10 years has been served,
Ê and by a
fine of not more than $500,000.
2. As used in this section, “marijuana”
does not include concentrated cannabis.
(Added to NRS by 1983,
287; A 1995,
1288; 1997,
905; 1999,
2639; 2015,
3088; 2019,
4474)
Notes of Decisions
Cited in
53
cases (
8 in the last 5 years), 1987–2024 · leading case:
Andrews v. State, 412 P.3d 37 (Nev. 2018).
Andrews v. State, 412 P.3d 37 (Nev. 2018).
· cites it 51× “: Unless otherwise authorized by statute, NRS 453.3385 prohibits a person from knowingly *38 or intentionally selling or possessing schedule I controlled substances and imposes different penalties depending on the quantity of controlled substance involved.”
State v. Lucero, 249 P.3d 1226 (Nev. 2011).
· cites it 18× “In this appeal, we consider whether the district court has the authority to reduce the 10-year minimum sentence prescribed by NRS 453.3385 when revoking probation pursuant to NRS 176A.”
Figueroa-beltran Vs. U.S. of Am. (nrap 5), 2020 NV 45 (Nev. 2020).
· cites it 18× “Thus, we held that the term "any" in NRS 453.3385 creates a separate offense for each schedule I controlled substance simultaneously possessed.”
Camacho v. State, 75 P.3d 370 (Nev. 2003).
· cites it 10× “PROCEDURAL HISTORY Camacho waived his preliminary hearing and was bound over to answer in the district court on four felony charges of trafficking in a controlled substance: three violations of NRS 453.3385(2) and one violation of NRS 453.”
Parrish v. State, 12 P.3d 953 (Nev. 2000).
· cites it 5× “3405(2) reads: The judge, upon an appropriate motion, may reduce or suspend the sentence of any person convicted of violating any of the provisions of NRS 453.3385, 453.339 or 453.3395 if he finds that the convicted person rendered substantial assistance in the identification,…”
Adam v. State, 261 P.3d 1063 (Nev. 2011).
· cites it 5× “NRS 453.3385. We therefore affirm Adam’s conviction, and overrule prior precedent that is inconsistent with this opinion.”
Diomampo v. State, 185 P.3d 1031 (Nev. 2008).
“Accordingly, we reverse the judgment of conviction and remand this matter for a new trial.”
United States v. Miguel Angel Arellano-Torres, 303 F.3d 1173 (9th Cir. 2002).
“He pled guilty to trafficking in a controlled substance, a violation of NRS 453.3385(1), and the court sentenced him to 12 to 32 months in prison, to be served concurrently with the 12-to-48-month sentence that he was already serving for his 1999 conviction.”
Jim (jay) Vs. State, 2021 NV 57 (Nev. 2021).
· cites it 8× “ELr CLE: t, LEP DEPUTY CLERIC Appeal from a judgment of conviction, pursuant to a guilty plea, of trafficking a schedule I controlled substance under NRS 453.3385(1)(b) and possession of a firearm by a prohibited person under NRS 202.”
Vidal v. State, 769 P.2d 1292 (Nev. 1989).
· cites it 5× “337; NRS 453.3385. Vidal seeks reversal of his convictions upon numerous grounds.”
— Nev. Rev. Stat. § 453.3385(1) — 14 cases
Andrews v. State, 412 P.3d 37 (Nev. 2018).
“: Unless otherwise authorized by statute, NRS 453.3385 prohibits a person from knowingly *38 or intentionally selling or possessing schedule I controlled substances and imposes different penalties depending on the quantity of controlled substance involved.”
Figueroa-beltran Vs. U.S. of Am. (nrap 5), 2020 NV 45 (Nev. 2020).
“Thus, we held that the term "any" in NRS 453.3385 creates a separate offense for each schedule I controlled substance simultaneously possessed.”
United States v. Miguel Angel Arellano-Torres, 303 F.3d 1173 (9th Cir. 2002).
“He pled guilty to trafficking in a controlled substance, a violation of NRS 453.3385(1), and the court sentenced him to 12 to 32 months in prison, to be served concurrently with the 12-to-48-month sentence that he was already serving for his 1999 conviction.”
— Nev. Rev. Stat. § 453.3385(1)(a) — 8 cases
Figueroa-beltran Vs. U.S. of Am. (nrap 5), 2020 NV 45 (Nev. 2020).
“Thus, we held that the term "any" in NRS 453.3385 creates a separate offense for each schedule I controlled substance simultaneously possessed.”
Andrews v. State, 412 P.3d 37 (Nev. 2018).
“: Unless otherwise authorized by statute, NRS 453.3385 prohibits a person from knowingly *38 or intentionally selling or possessing schedule I controlled substances and imposes different penalties depending on the quantity of controlled substance involved.”
— Nev. Rev. Stat. § 453.3385(1)(b) — 4 cases
Figueroa-beltran Vs. U.S. of Am. (nrap 5), 2020 NV 45 (Nev. 2020).
“Thus, we held that the term "any" in NRS 453.3385 creates a separate offense for each schedule I controlled substance simultaneously possessed.”
Jim (jay) Vs. State, 2021 NV 57 (Nev. 2021).
“ELr CLE: t, LEP DEPUTY CLERIC Appeal from a judgment of conviction, pursuant to a guilty plea, of trafficking a schedule I controlled substance under NRS 453.3385(1)(b) and possession of a firearm by a prohibited person under NRS 202.”
— Nev. Rev. Stat. § 453.3385(1)(c) — 4 cases
Jim (jay) Vs. State, 2021 NV 57 (Nev. 2021).
“ELr CLE: t, LEP DEPUTY CLERIC Appeal from a judgment of conviction, pursuant to a guilty plea, of trafficking a schedule I controlled substance under NRS 453.3385(1)(b) and possession of a firearm by a prohibited person under NRS 202.”
— Nev. Rev. Stat. § 453.3385(2) — 9 cases
Camacho v. State, 75 P.3d 370 (Nev. 2003).
“PROCEDURAL HISTORY Camacho waived his preliminary hearing and was bound over to answer in the district court on four felony charges of trafficking in a controlled substance: three violations of NRS 453.3385(2) and one violation of NRS 453.”
Andrews v. State, 412 P.3d 37 (Nev. 2018).
“: Unless otherwise authorized by statute, NRS 453.3385 prohibits a person from knowingly *38 or intentionally selling or possessing schedule I controlled substances and imposes different penalties depending on the quantity of controlled substance involved.”
— Nev. Rev. Stat. § 453.3385(3) — 10 cases
State v. Lucero, 249 P.3d 1226 (Nev. 2011).
“In this appeal, we consider whether the district court has the authority to reduce the 10-year minimum sentence prescribed by NRS 453.3385 when revoking probation pursuant to NRS 176A.”
Camacho v. State, 75 P.3d 370 (Nev. 2003).
“PROCEDURAL HISTORY Camacho waived his preliminary hearing and was bound over to answer in the district court on four felony charges of trafficking in a controlled substance: three violations of NRS 453.3385(2) and one violation of NRS 453.”
Andrews v. State, 412 P.3d 37 (Nev. 2018).
“: Unless otherwise authorized by statute, NRS 453.3385 prohibits a person from knowingly *38 or intentionally selling or possessing schedule I controlled substances and imposes different penalties depending on the quantity of controlled substance involved.”
Parrish v. State, 12 P.3d 953 (Nev. 2000).
“3405(2) reads: The judge, upon an appropriate motion, may reduce or suspend the sentence of any person convicted of violating any of the provisions of NRS 453.3385, 453.339 or 453.3395 if he finds that the convicted person rendered substantial assistance in the identification,…”
— Nev. Rev. Stat. § 453.3385(3)(b) — 1 case
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