1. Unless a greater penalty is provided by law, and except as otherwise provided in this section and NRS 193.169, if:
(a) A person violates NRS 453.322 or 453.3385, and the violation involves the manufacturing or compounding of any controlled substance other than marijuana; and
(b) During the discovery or cleanup of the premises at, on or in which the controlled substance was manufactured or compounded, another person suffers substantial bodily harm other than death as the proximate result of the manufacturing or compounding of the controlled substance,
the person who committed the offense shall be punished by imprisonment in the state prison for a term equal to and in addition to the term of imprisonment prescribed by statute for the offense. The sentence prescribed by this subsection runs consecutively with the sentence prescribed by statute for the offense.
2. Unless a greater penalty is provided by law, and except as otherwise provided in NRS 193.169, if:
(a) A person violates NRS 453.322 or 453.3385, and the violation involves the manufacturing or compounding of any controlled substance other than marijuana; and
(b) During the discovery or cleanup of the premises at, on or in which the controlled substance was manufactured or compounded, another person suffers death as the proximate result of the manufacturing or compounding of the controlled substance,
the offense shall be deemed a category A felony and the person who committed the offense shall be punished by imprisonment in the state prison:
(1) For life without the possibility of parole;
(2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served; or
(3) For a definite term of 50 years, with eligibility for parole beginning when a minimum of 20 years has been served.
3. Subsection 1 does not create a separate offense but provides an additional penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact. Subsection 2 does not create a separate offense but provides an alternative penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact.
4. As used in this section:
(a) "Marijuana" does not include concentrated cannabis.
(b) "Premises" means:
(1) Any temporary or permanent structure, including, without limitation, any building, house, room, apartment, tenement, shed, carport, garage, shop, warehouse, store, mill, barn, stable, outhouse or tent; or
(2) Any conveyance, including, without limitation, any vessel, boat, vehicle, airplane, glider, house trailer, travel trailer, motor home or railroad car,
whether located aboveground or underground and whether inhabited or not.
(Added to NRS by 2005, 945; A 2015, 3086; 2019, 4469)
Structure Nevada Revised Statutes
Chapter 453 - Controlled Substances
NRS 453.005 - Applicability of chapter to medical use of cannabis.
NRS 453.007 - Inapplicability of chapter to certain veterinary biologic products.
NRS 453.011 - Short title; purpose.
NRS 453.013 - Uniformity of interpretation.
NRS 453.021 - "Administer" defined.
NRS 453.023 - "Advanced practice registered nurse" defined.
NRS 453.026 - "Agent" defined.
NRS 453.031 - "Board" defined.
NRS 453.038 - "Chart order" defined."Chart order" means an order entered on the chart of a patient:
NRS 453.039 - "Compound" and "compounding" defined.
NRS 453.042 - "Concentrated cannabis" defined.
NRS 453.043 - "Controlled substance analog" defined.
NRS 453.046 - "Counterfeit substance" defined.
NRS 453.051 - "Deliver" and "delivery" defined.
NRS 453.053 - "Department" defined.
NRS 453.056 - "Dispense" defined.
NRS 453.061 - "Dispenser" defined.
NRS 453.066 - "Distribute" defined.
NRS 453.071 - "Distributor" defined.
NRS 453.076 - "Division" defined.
NRS 453.082 - "Drug Enforcement Administration" defined.
NRS 453.0825 - "Extraction" defined.
NRS 453.085 - "Hospital" defined.
NRS 453.086 - "Immediate precursor" defined.
NRS 453.087 - "Institutional pharmacy" defined.
NRS 453.0875 - "Isomer" defined.
NRS 453.091 - "Manufacture" defined.
NRS 453.096 - "Marijuana" defined.
NRS 453.098 - "Narcotic addict" defined.
NRS 453.099 - "Narcotic addiction" defined.
NRS 453.101 - "Narcotic drug" defined.
NRS 453.103 - "Narcotic use disorder" defined.
NRS 453.106 - "Opiate" defined.
NRS 453.111 - "Opium poppy" defined.
NRS 453.113 - "Person" defined.
NRS 453.115 - "Person with a narcotic use disorder" defined.
NRS 453.117 - "Pharmacy" defined.
NRS 453.118 - "Pharmacy in a correctional institution" defined.
NRS 453.121 - "Poppy straw" defined.
NRS 453.126 - "Practitioner" defined.
NRS 453.128 - "Prescription" defined.
NRS 453.131 - "Production" defined.
NRS 453.134 - "Refill" defined.
NRS 453.136 - "State" defined.
NRS 453.137 - "Steroid" defined.
NRS 453.141 - "Ultimate user" defined.
NRS 453.146 - Powers and duties of Board.
NRS 453.151 - Cooperative arrangements; confidentiality of information.
NRS 453.153 - Cooperation between Board and Division required.
NRS 453.155 - Programs for research and education.
NRS 453.157 - Confidentiality of information concerning research or medical practice.
NRS 453.159 - Existing orders or regulations unaffected.
NRS 453.166 - Schedule I tests.
NRS 453.176 - Schedule II tests.
NRS 453.186 - Schedule III tests.
NRS 453.196 - Schedule IV tests.
NRS 453.206 - Schedule V tests.
NRS 453.211 - Review, revision and dissemination of schedules.
NRS 453.218 - Addition of immediate precursor to schedule.
NRS 453.2184 - Scheduling of substance by extraordinary regulation.
NRS 453.221 - Regulations; fees.
NRS 453.231 - Registration: Public interest; specific controlled substances; research.
NRS 453.232 - Penalty for failure to register.
NRS 453.233 - Notice of conviction of registered person to be furnished.
NRS 453.241 - Administrative proceedings to deny, suspend or revoke registration.
NRS 453.246 - Recordkeeping and inventory requirements for registrants.
NRS 453.256 - Prescriptions; requirements for dispensing certain substances; penalty.
NRS 453.257 - Filling second or subsequent prescriptions.
NRS 453.261 - Administrative inspections.
NRS 453.266 - Administrative warrant for inspection.
NRS 453.271 - Powers of enforcement of officers and employees of Division.
NRS 453.281 - Burden of proof; immunity of officers from liability.
NRS 453.286 - Judicial review.
NRS 453.301 - Property subject to forfeiture.
NRS 453.305 - Forfeiture of real property or mobile home: Notices to owner.
NRS 453.311 - Controlled substances; plants; seizure and forfeiture.
NRS 453.332 - Unlawful acts relating to imitation controlled substances; penalties.
NRS 453.333 - Penalties for making available controlled substance which causes death.
NRS 453.334 - Penalty for second or subsequent offense of sale of controlled substance to minor.
NRS 453.336 - Unlawful possession not for purpose of sale: Prohibition; penalties; exception.
NRS 453.339 - Trafficking in controlled substances: Marijuana or concentrated cannabis.
NRS 453.3395 - Trafficking in controlled substances: Schedule II substances.
NRS 453.341 - Prosecution or proceeding under prior law unaffected.
NRS 453.346 - Effect of conviction or acquittal under federal or other state laws.
NRS 453.348 - Previous convictions.
NRS 453.3525 - "Logbook" defined.
NRS 453.353 - "Product that is a precursor to methamphetamine" defined.
NRS 453.3535 - "Retail distributor" defined.
NRS 453.354 - Manner of keeping, storing or placing methamphetamine precursor.
NRS 453.358 - Civil penalty for violation.
NRS 453.3585 - Limitations on acquisition of methamphetamine precursor; exception; penalties.
NRS 453.359 - Penalty for entering false statement or representation in logbook.
NRS 453.3615 - "Dangerous drug" defined.
NRS 453.3618 - "Illegal Internet pharmacy" defined.
NRS 453.3621 - "Imitation controlled substance" defined.
NRS 453.3625 - "Internet" defined.
NRS 453.3628 - "Prescription drug" defined.
NRS 453.3633 - Circumstances under which person has "reasonable cause to believe."
NRS 453.375 - Persons authorized to possess and administer controlled substances.
NRS 453.377 - Authority to dispense controlled substances.
NRS 453.391 - Unlawful taking or obtaining of controlled substance or prescription.
NRS 453.401 - Penalties for conspiracy.
NRS 453.411 - Unlawful use of controlled substance; penalty.
NRS 453.421 - Penalty for violation of NRS 453.371 to 453.391, inclusive.
NRS 453.521 - Unlawful possession or sale of nasal inhaler; exception.
NRS 453.541 - Sacramental use of peyote permitted.
NRS 453.551 - Immunity for acts in performance of official duties.
NRS 453.552 - Criminal penalties additional to civil penalties or sanctions.
NRS 453.5531 - Action to recover civil penalty: Amount of money recoverable as civil penalty.
NRS 453.5532 - Money collected as civil penalty: Limitations on use.
NRS 453.554 - "Drug paraphernalia" defined.
NRS 453.556 - Factors for identifying object as item of drug paraphernalia.
NRS 453.560 - Unlawful delivery, sale, possession or manufacture.
NRS 453.562 - Unlawful delivery to minor.
NRS 453.564 - Unlawful advertising.
NRS 453.566 - Unlawful use or possession.
NRS 453.568 - Report of loss or theft of controlled substance.
NRS 453.570 - Amount of controlled substance needed to sustain conviction for prohibited offense.
NRS 453.577 - Authority of Board not limited by authority of other regulatory bodies.
NRS 453.600 - Declaration of legislative purpose.
NRS 453.660 - Experimental and clinical programs; personnel; regulations.
NRS 453.670 - Local governments may assist programs and services.
NRS 453.680 - Cooperative agreements.
NRS 453.690 - Information to be furnished.
NRS 453.700 - Application for treatment; regulations relating to voluntary submission.
NRS 453.710 - Liability for costs of treatment.