Existing law provides that a person who knowingly or intentionally sells, manufactures, delivers or brings into this State or is knowingly or intentionally in actual or constructive possession of a schedule I controlled substance, other than marijuana, a schedule II controlled substance or certain other controlled substances is guilty of: (1) low-level trafficking if the quantity of the controlled substance is 100 grams or more but less than 400 grams; and (2) high-level trafficking if the quantity of the controlled substance is 400 grams or more. A person who commits the crime of: (1) low-level trafficking is guilty of a category B felony and subject to certain prescribed penalties; and (2) high-level trafficking is guilty of a category A felony and subject to certain prescribed penalties. (NRS 453.3385) Additionally, under existing law, a person who knowingly or intentionally possesses a schedule I or schedule II controlled substance in which the quantity involved is less than 14 grams commits the crime of possession of a controlled substance and is guilty of: (1) a category E felony for a first or second offense; and (2) a category D felony for a third or subsequent offense. (NRS 453.336) Existing regulations of the State Board of Pharmacy include fentanyl in the list of controlled substances in schedule II and various derivatives of fentanyl in the list of controlled substances in schedule I. (NAC 453.510, as amended by LCB File No. R023-21, NAC 453.520) Section 1 of this bill establishes the crime of low-level trafficking in illicitly manufactured fentanyl, any derivative of fentanyl or any mixture which contains fentanyl or any derivative of fentanyl. Under section 1, a person who knowingly or intentionally sells, manufactures, delivers or brings into this State or is knowingly or intentionally in actual or constructive possession of illicitly manufactured fentanyl, any derivative of fentanyl or any mixture which contains fentanyl or any derivative of fentanyl is guilty of low-level trafficking if the quantity involved is 4 grams or more but less than 14 grams. Under section 1, a person who commits the crime of low-level trafficking is guilty of a category B felony and subject to certain prescribed penalties. Sections 5 and 6 of this bill provide that a person found guilty of low-level trafficking in illicitly manufactured fentanyl, any derivative of fentanyl or any mixture which contains fentanyl or any derivative of fentanyl is subject to the greater penalty if the acts constituting the crime could subject the person to a lesser punishment under another statute. Sections 3, 4, 7, 9 and 11-13 of this bill add references to section 1 so that the crime of low-level trafficking in illicitly manufactured fentanyl, any derivative of fentanyl or any mixture which contains fentanyl or any derivative of fentanyl is treated the same as the crime of low-level trafficking involving other schedule I controlled substances, other than marijuana, and schedule II controlled substances for certain purposes.

Statutes affected:
As Introduced: 453.322, 453.333, 453.3353, 453.336, 453.337, 453.3383, 453.3385, 453.3405, 453C.150, 179A.075, 207.360, 391.650
Reprint 1: 453.333, 453.3353, 453.336, 453.337, 453.3383, 453.3405, 179A.075, 207.360, 391.650
BDR: 453.322, 453.333, 453.3353, 453.336, 453.337, 453.3383, 453.3385, 453.3405, 453C.150, 179A.075, 207.360, 391.650