Nevada § 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 exist

§ 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 exist

1. Except as authorized by the provisions of NRS 453.011 to 453.552 , inclusive, it is unlawful for a person to: (a) Import, transport, sell, exchange, barter, supply, prescribe, dispense, give away

or administer a controlled or counterfeit substance; (b) Manufacture or compound a counterfeit substance; or (c) Offer or attempt to do any act set forth in paragraph (a) or (b). 2. Unless a greater penalty is provided in NRS 453.333 , 453.334 or 453.3355 , if a person violates subsection 1 and the controlled substance is classified in

schedule I or II, the person shall be punished: (a) For the first offense, for a category C felony as provided in NRS 193.130 . (b) For a second offense, or if, in the case of a first conviction under this subsection,

the offender has previously been convicted of an offense under this section or of

any offense under the laws of the United States or any state, territory or district

which, if committed in this State, would amount to an offense under this section,

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 may be further

punished by a fine of not more than $20,000. (c) For a third or subsequent offense, or if the offender has previously been convicted

two or more times under this section or of any offense under the laws of the United

States or any state, territory or district which, if committed in this State, would

amount to an offense under this section, for a category B felony by imprisonment in

the state prison for a minimum term of not less than 3 years and a maximum term of

not more than 15 years, and may be further punished by a fine of not more than $20,000

for each offense. 3. Unless mitigating circumstances exist that warrant the granting of probation, the

court shall not grant probation to or suspend the sentence of a person convicted under

subsection 2 and punishable pursuant to paragraph (b) or (c) of subsection 2. 4. Unless a greater penalty is provided in NRS 453.333 or 453.334 , if a person violates subsection 1, and the controlled substance is classified in

schedule III, IV or V, the person shall be punished: (a) For the first offense, for a category D felony as provided in NRS 193.130 . (b) For a second offense, or if, in the case of a first conviction of violating this

subsection, the offender has previously been convicted of violating this section or

of any offense under the laws of the United States or any state, territory or district

which, if committed in this State, would amount to a violation of this section, for

a category C felony as provided in NRS 193.130 . (c) For a third or subsequent offense, or if the offender has previously been convicted

two or more times of violating this section or of any offense under the laws of the

United States or any state, territory or district which, if committed in this State,

would amount to a violation of this section, 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 may be further punished by a fine of not more than

$15,000 for each offense. 5. Unless mitigating circumstances exist that warrant the granting of probation, the

court shall not grant probation to or suspend the sentence of a person convicted under

subsection 4 and punishable pursuant to paragraph (b) or (c) of subsection 4.