NRS
453.411 Unlawful use of controlled substance; penalty.
1. It is unlawful for a person knowingly
to use or be under the influence of a controlled substance except in accordance
with a lawfully issued prescription.
2. It is unlawful for a person knowingly
to use or be under the influence of a controlled substance except when
administered to the person at a rehabilitation clinic established by the
Division of Public and Behavioral Health of the Department or licensed by the
Health Care Purchasing and Compliance Division of the Nevada Health Authority,
or a hospital licensed by the Health Care Purchasing and Compliance Division.
3. Unless a greater penalty is provided in
NRS 212.160, a person who violates this
section shall be punished for a misdemeanor.
(Added to NRS by 1971,
2023; A 1973,
1406; 1979,
1475; 1981,
745; 1993,
2236; 1995,
1290, 1723;
1997,
546; 2013,
987; 2019,
4475; 2025,
3730)
Notes of Decisions
Cited in
7
cases, 1993–2014 · leading case:
State v. Jones, 895 P.2d 643 (Nev. 1995).
State v. Jones, 895 P.2d 643 (Nev. 1995).
· cites it 4× “The respondents were subsequently charged with being under the influence of a controlled substance, a felony under NRS 453.411. Thereafter, they filed motions to suppress all evidence relating to the blood tests.”
Williams v. State, 50 P.3d 1116 (Nev. 2002).
“336 (possession of a controlled substance); NRS 453.411 (being under the influence of a controlled substance).”
Howe v. State, 916 P.2d 153 (Nev. 1996).
· cites it 2× “OPINION SHEARING, Justice: Mark Robert Howe appeals from a judgment of conviction, pursuant to a guilty plea, of one count of using or being under the influence of a controlled substance, a felony, in violation of NRS 453.411, and one count of possession of drug paraphernalia, a…”
Miller v. State, 941 P.2d 456 (Nev. 1997).
· cites it 3× “On October 14, 1996, the state filed a second amended information charging Kutscherousky with one count of use of a controlled substance, a category E felony violation of NRS 453.411. Kutscherousky was arraigned the same day and pleaded guilty.”
Stahl v. State, 851 P.2d 436 (Nev. 1993).
“*443 OPINION Per Curiam: This is an appeal from a judgment of conviction, pursuant to a guilty plea, of one count of being under the influence of a controlled substance in violation of NRS 453.411. Appellant, Mark Anthony Stahl, entered into a plea agreement.”
McIntosh v. State, 932 P.2d 1072 (Nev. 1997).
“336, and being under the influence of a controlled substance, in violation of NRS 453.411. McIntosh was eventually convicted of both counts and sentenced to concurrent terms of three years in the Nevada State Prison.”
Byars v. State, 2014 NV 85 (Nev. 2014).
· cites it 6× “NRS 453.411 provides that it is unlawful to knowingly use or be under the influence of a controlled substance except in accordance with a legal prescription.”
— Nev. Rev. Stat. § 453.411(3)(a) — 1 case
Byars v. State, 2014 NV 85 (Nev. 2014).
“NRS 453.411 provides that it is unlawful to knowingly use or be under the influence of a controlled substance except in accordance with a legal prescription.”
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