Nevada Revised Statutes
Chapter 453 - Controlled Substances
NRS 453.556 - Factors for identifying object as item of drug paraphernalia.

In determining whether an object is an item of drug paraphernalia, a court or other authority, as the case may be, shall consider, in addition to all other logically relevant factors, the following:
1. Statements by an owner or by anyone in control of the object concerning its use;
2. Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;
3. The proximity of the object, in time and space, to a direct violation of this chapter;
4. The proximity of the object to controlled substances;
5. The existence of any residue of controlled substances on the object;
6. Direct or circumstantial evidence of the intent of any owner, or of anyone in control of the object, to deliver it to persons whom he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter;
7. Instructions, oral or written, provided with the object concerning its use;
8. Descriptive materials accompanying the object which explain or depict its use;
9. National and local advertising concerning its use;
10. The manner in which the object is displayed for sale;
11. Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise; and
12. Expert testimony concerning its use.
The innocence of an owner or of anyone in control of the object as to a direct violation of this chapter does not prevent a finding that the object is intended for use or designed for use as an item of drug paraphernalia.
(Added to NRS by 1981, 407)

Structure Nevada Revised Statutes

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 453.016 - Definitions.

NRS 453.021 - "Administer" defined.

NRS 453.023 - "Advanced practice registered nurse" defined.

NRS 453.026 - "Agent" defined.

NRS 453.031 - "Board" defined.

NRS 453.033 - "CBD" 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 453.081 - "Drug" defined.

NRS 453.082 - "Drug Enforcement Administration" defined.

NRS 453.0825 - "Extraction" defined.

NRS 453.083 - "Fill" 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 453.139 - "THC" 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 453.154 - Division required to prepare certain reports concerning controlled substances; Division and Board may enter into agreements with public agencies; requirements.

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 453.162 - Development; functions and requirements; Board and Division immune from liability for activities related to program; gifts, grants and donations.

NRS 453.163 - Persons registered to dispense controlled substances required to upload certain information to database; agreements with state agency of another state to receive or exchange information obtained by program; immunity from liability for t...

NRS 453.1635 - Law enforcement agency to upload to database certain information obtained during investigation; limitation on access to database; immunity from liability for transmission of information.

NRS 453.164 - Access to database for certain persons, occupational licensing boards, Board and Division; reporting of illegal activity or inappropriate use of controlled substance; exception to avoid interfering with investigation; practitioner requi...

NRS 453.1645 - When Board is required to provide access to database to coroner, medical examiner or deputy thereof for certain purposes; access for unauthorized purpose prohibited; suspension or termination of access for violation of provisions.

NRS 453.165 - Access to database for certain employees of law enforcement agencies; certification; requirements for access; access for unauthorized purpose prohibited; monitoring; authority of Board or Division to terminate access.

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 453.216 - Nomenclature.

NRS 453.218 - Addition of immediate precursor to schedule.

NRS 453.2182 - Treatment by Board when substance is designated, rescheduled or deleted as controlled substance by federal law.

NRS 453.2184 - Scheduling of substance by extraordinary regulation.

NRS 453.2186 - Board prohibited from including certain substances on schedule; exceptions; required considerations.

NRS 453.2188 - Placement of substance in schedule allowed if controlled by federal law pursuant to international treaty, convention or protocol.

NRS 453.219 - Controlled substance analog: Treatment as substance in schedule I; notice of prosecution; determination by Board.

NRS 453.221 - Regulations; fees.

NRS 453.226 - Requirements for registration; authority of registrant; exemptions and waivers; inspections.

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 453.236 - Suspension and revocation of registration to dispense; seizure or placement under seal of controlled substance owned or possessed by registrant; notification of suspension or revocation of registration or forfeiture of controlled substa...

NRS 453.241 - Administrative proceedings to deny, suspend or revoke registration.

NRS 453.246 - Recordkeeping and inventory requirements for registrants.

NRS 453.251 - Order forms.

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 453.276 - Injunctions.

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 453.316 - Unlawful to open or maintain place for unlawful sale, gift or use of controlled substance; penalties; exceptions.

NRS 453.321 - Offer, attempt or commission of unauthorized act relating to controlled or counterfeit substance unlawful; penalties; prohibition against probation or suspension of sentence for certain repeat offenders unless mitigating circumstances e...

NRS 453.322 - Offer, attempt or commission of unauthorized act relating to manufacture or compounding of certain controlled substances unlawful; penalties; prohibition against probation of offenders.

NRS 453.324 - Unlawful to possess or dispose of methamphetamine manufacturing waste; exception; penalty.

NRS 453.326 - Unlawful acts relating to recordkeeping, inspections and knowingly keeping or maintaining place where controlled substances are unlawfully used, kept or sold; penalty.

NRS 453.331 - Unlawful acts relating to distribution of certain controlled substances by registrants, use of unauthorized registration number and possession of signed blank prescription forms; certain fraudulent acts prohibited; penalty.

NRS 453.332 - Unlawful acts relating to imitation controlled substances; penalties.

NRS 453.3325 - Unlawful to allow child to be present during commission of certain violations which involve controlled substances other than marijuana; penalties; probation or suspended sentence prohibited.

NRS 453.333 - Penalties for making available controlled substance which causes death.

NRS 453.3335 - Additional penalty for failing to render or seek medical assistance for person injured or killed by use of controlled substance under certain circumstances.

NRS 453.334 - Penalty for second or subsequent offense of sale of controlled substance to minor.

NRS 453.3345 - Additional penalty for commission of certain violations at or near school, school bus stop, recreational facilities for minors or public park.

NRS 453.3351 - Additional penalty for commission of certain violations which involve methamphetamine under certain circumstances.

NRS 453.3353 - Additional and alternative penalties for commission of certain violations which involve controlled substances other than marijuana and result in death or substantial bodily harm to another person.

NRS 453.336 - Unlawful possession not for purpose of sale: Prohibition; penalties; exception.

NRS 453.3361 - Unlawful possession not for purpose of sale: Local ordinances adopting penalties for certain similar offenses; allocation of fines collected for violation of local ordinance.

NRS 453.3363 - Suspension of proceedings and probation of accused under certain conditions; effect of discharge and dismissal.

NRS 453.3365 - Sealing of record of person convicted of possession of controlled substance not for purpose of sale; conditions.

NRS 453.337 - Unlawful possession for sale of flunitrazepam, gamma-hydroxybutyrate and schedule I or II substances; penalties.

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

NRS 453.3383 - Determination of weight of controlled substance for purposes of NRS 453.3385 and 453.339.

NRS 453.3385 - Trafficking in controlled substances: Flunitrazepam, gamma-hydroxybutyrate and schedule I or II substances, except marijuana.

NRS 453.339 - Trafficking in controlled substances: Marijuana or concentrated cannabis.

NRS 453.3393 - Unlawful to produce or process marijuana or extract concentrated cannabis; exception; penalties.

NRS 453.3395 - Trafficking in controlled substances: Schedule II substances.

NRS 453.3405 - Trafficking in controlled substances: Suspended sentence limited; eligibility for parole; reduction or suspension of sentence of person assisting in investigation or prosecution of any offense; consideration of factors by court.

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 453.352 - Definitions.

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 453.355 - Limitations on sale or transfer of methamphetamine precursor by retail distributor; exception.

NRS 453.357 - Retail distributor to maintain logbook; information required to be entered in logbook at time of sale or transfer of methamphetamine precursor; requirements for sale or transfer of methamphetamine precursor; notice concerning entering f...

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 453.3611 - Definitions.

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 453.3635 - Applicability.

NRS 453.3638 - Unlawful acts relating to filling or refilling prescription or delivering certain substances or drugs; aiding unlawful act prohibited; penalties; multiple punishments authorized.

NRS 453.3639 - Unlawful acts relating to filling or refilling prescription via Internet; exception; aiding unlawful act prohibited; penalties; penalty not exclusive.

NRS 453.3643 - Unlawful acts relating to issuance of prescription; circumstances under which practitioner or person licensed by another jurisdiction is prohibited from prescribing prescription drug; aiding unlawful act prohibited; penalties; multiple...

NRS 453.3648 - Concurrent jurisdiction of Attorney General and district attorneys to prosecute violations.

NRS 453.371 - Definitions.

NRS 453.375 - Persons authorized to possess and administer controlled substances.

NRS 453.377 - Authority to dispense controlled substances.

NRS 453.381 - Limitations on prescribing, possessing, administering, transporting and dispensing controlled substances.

NRS 453.385 - Adoption of regulations governing prescriptions for controlled substances; compliance with federal law.

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 453.431 - Unlawful acts relating to filling and refilling prescriptions and obtaining controlled substance or prescription; authorization to request proper identification from person requesting controlled substance.

NRS 453.505 - Controlled substance for which prescription is not required: Violation of regulation by pharmacist; misrepresentation to pharmacist to obtain controlled substance; penalties.

NRS 453.521 - Unlawful possession or sale of nasal inhaler; exception.

NRS 453.530 - Sale of dextromethorphan to minor or purchase of dextromethorphan by minor without prescription prohibited; person deemed to be in compliance under certain circumstances; civil penalty; preemption of local law or regulation.

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 453.553 - Action to recover civil penalty: Persons liable for civil penalty; action to be brought by Attorney General or district attorney; definitions.

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 453.5533 - Limitation on action to recover civil penalty; effect of criminal proceeding on civil action.

NRS 453.554 - "Drug paraphernalia" defined.

NRS 453.556 - Factors for identifying object as item of drug paraphernalia.

NRS 453.557 - Provision, administration or use of testing product not unlawful; immunity from professional sanction or civil liability.

NRS 453.558 - Injunctions.

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 453.572 - Prohibition on production, distribution, sale or offering to sell synthetic cannabinoid.

NRS 453.575 - Fee for analysis of controlled substance or other substance or drug: Inclusion in sentence of offender; distribution and use of proceeds.

NRS 453.577 - Authority of Board not limited by authority of other regulatory bodies.

NRS 453.580 - Program for treatment of certain offenders: Requirements; payment of costs; completion in another jurisdiction.

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.

NRS 453.720 - Confidential and privileged information.

NRS 453.730 - Emergency treatment authorized without notification to law enforcement officer or agency.