Nev. Rev. Stat. » NRS: CHAPTER 453 - CONTROLLED SUBSTANCES
Nevada Revised Statutes

Nev. Rev. Stat. § 453.339 (2026)

Trafficking in controlled substances: Marijuana or concentrated cannabis

✓ current as of July 2026
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NRS 453.339  Trafficking in controlled substances: Marijuana or concentrated cannabis.

      1.  Except as otherwise provided in 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 marijuana or concentrated cannabis shall be punished, if the quantity involved:

      (a) Is 50 pounds or more, but less than 1,000 pounds, of marijuana or 1 pound or more, but less than 20 pounds, of concentrated cannabis, for a category C felony as provided in NRS 193.130 and by a fine of not more than $25,000.

      (b) Is 1,000 pounds or more, but less than 5,000 pounds, of marijuana or 20 pounds or more, but less than 100 pounds, of concentrated cannabis, 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 by a fine of not more than $50,000.

      (c) Is 5,000 pounds or more of marijuana or 100 pounds or more of concentrated cannabis, 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 5 years has been served; or

             (2) For a definite term of 15 years, with eligibility for parole beginning when a minimum of 5 years has been served,

Ê and by a fine of not more than $200,000.

      2.  For the purposes of this section:

      (a) “Marijuana” means all parts of any plant of the genus Cannabis, whether growing or not, except for hemp, as defined in NRS 557.160, which is grown or cultivated pursuant to the provisions of chapter 557 of NRS or any commodity or product made using such hemp. The term does not include concentrated cannabis.

      (b) The weight of marijuana or concentrated cannabis is its weight when seized or as soon as practicable thereafter. If marijuana and concentrated cannabis are seized together, each must be weighed separately and treated as separate substances.

      (Added to NRS by 1983, 287; A 1989, 661; 1995, 1288; 2015, 1974, 3089; 2019, 2355, 2589)

     

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1990–2023 · leading case: Sessions v. State, 789 P.2d 1242 (Nev. 1990).
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Sessions v. State, 789 P.2d 1242 (Nev. 1990). · cites it 3× “Based on the plants seized, Sessions was charged with trafficking in marihuana weighing over 100 pounds in violation of NRS 453.339. Based on the contents of the box, Sessions was charged with possession of marihuana in violation of NRS 453.”
Figueroa-beltran Vs. U.S. of Am. (nrap 5), 2020 NV 45 (Nev. 2020). · cites it 2× “3385 (dealing with flunitrazepam; gamma-hydroxybutyrate; precursors to flunitrazepam or gamma-hydroxybutyrate; and schedule I controlled substances, except marijuana), NRS 453.339 (dealing with marijuana and concentrated cannabis), or NRS 453.”
Smith v. Dockery (D. Nev. 2023). · cites it 2× “NRS § 453.339. 16 Smith’s marijuana card would only have allowed twelve marijuana plants in the garage.”
— Nev. Rev. Stat. § 453.339(2) — 1 case
Sessions v. State, 789 P.2d 1242 (Nev. 1990). “Based on the plants seized, Sessions was charged with trafficking in marihuana weighing over 100 pounds in violation of NRS 453.339. Based on the contents of the box, Sessions was charged with possession of marihuana in violation of NRS 453.”
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