Nevada § 453.3393 - Unlawful to produce or process marijuana or extract concentrated cannabis; exception; penalties

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

1. A person shall not knowingly or intentionally manufacture, grow, plant, cultivate,

harvest, dry, propagate or process marijuana, except as specifically authorized by

the provisions of this chapter or title 56 of NRS. 2. Unless a greater penalty is provided in subsection 3 or NRS 453.339 , a person who violates subsection 1, if the quantity involved is more than 12 marijuana

plants, irrespective of whether the marijuana plants are mature or immature, is guilty

of a category E felony and shall be punished as provided in NRS 193.130 . 3. A person shall not knowingly or intentionally extract concentrated cannabis, except

as specifically authorized by the provisions of title 56 of NRS. Unless a greater penalty is provided in NRS 453.339 , a person who violates this subsection is guilty of a category D felony and shall

be punished as provided in NRS 193.130 . 4. If a person violates: (a) Subsection 1 by manufacturing, growing, planting, cultivating, harvesting, drying,

propagating or processing marijuana; or (b) Subsection 3 by extracting concentrated cannabis, and the violation causes a fire or explosion, the person shall, in addition to the

term of imprisonment prescribed in this section for the underlying violation, be punished

by imprisonment in the state prison for a minimum term of not less than 1 year and

a maximum term of not more than 4 years. 5. In determining the length of the additional penalty imposed pursuant to subsection

4, the court shall consider the following information: (a) The facts and circumstances of the violation; (b) The criminal history of the person; (c) The impact of the violation on any victim; (d) Any mitigating factors presented by the person; and (e) Any other relevant information. The court shall state on the record that it has considered the information described

in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty

imposed. 6. The sentence prescribed by subsection 4: (a) Must not exceed the sentence imposed for the underlying violation of subsection

1 or 3, as applicable; and (b) Must run consecutively with the sentence imposed for the underlying violation

of subsection 1 or 3, as applicable. 7. The provisions of subsection 4 do not create any separate offense but provide an

additional penalty for the primary offense, whose imposition is contingent upon the

finding of the prescribed fact. 8. In addition to any punishment imposed pursuant to this section, the court shall

order a person convicted of a violation of this section to pay all costs associated

with any necessary cleanup and disposal related to the manufacturing, growing, planting,

cultivation, harvesting, drying, propagation or processing of the marijuana or the

extraction of concentrated cannabis.