Existing law establishes the penalties to be imposed upon a person who unlawfully sells a controlled substance classified in schedule I or II or who unlawfully possesses such a controlled substance for the purpose of sale. (NRS 453.321, 453.337, 453.3385) Under existing law, a person who sells a controlled substance classified in schedule I or II is guilty of: (1) for a first offense, a category C felony; (2) for a second offense, a category B felony punishable by a minimum term of imprisonment of 2 years and a maximum term of 10 years and a fine of not more than $20,000; and (3) for a third or subsequent offense, a category B felony punishable by a minimum term of imprisonment of 3 years and a maximum term of 15 years and a fine of not more than $20,000. (NRS 453.321) Existing law provides that if a person sells a controlled substance classified in schedule I or II, other than marijuana, and the quantity involved is: (1) 100 grams or more, but less than 400 grams, the person is guilty of low-level trafficking; or (2) 400 grams or more, the person is guilty of high-level trafficking. A person who commits the crime of low-level trafficking is guilty of a category B felony punishable by a minimum term of imprisonment of 2 years and a maximum term of 20 years and a fine of not more than $100,000. A person who commits the crime of high-level trafficking is guilty of a category A felony punishable by a fine of not more than $500,000 and a term of imprisonment of: (1) life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or (2) a definite term of 25 years with eligibility for parole beginning when a minimum of 10 years has been served. (NRS 453.3385) Existing law provides that a person who possesses for the purpose of sale any controlled substance classified in schedule I or II is guilty of: (1) for a first offense, a category D felony; (2) for a second offense, a category C felony; and (3) for a third or subsequent offense, a category B felony punishable by a minimum term of imprisonment of 3 years and a maximum term of 15 years and a fine of not more than $20,000. (NRS 453.337) Existing regulations of the State Board of Pharmacy include fentanyl and carfentanil in the list of controlled substances in schedule II. (NAC 453.520) Section 1 of this bill specifically prohibits the unauthorized sale of fentanyl or carfentanil or the possession of fentanyl or carfentanil for the purpose of sale and establishes penalties for violations of that prohibition which are greater than those set forth under existing law for the unlawful sale of a controlled substance classified in schedule I or II or the unlawful possession of such a controlled substance for the purpose of sale. The penalties set forth in section 1 vary depending on: (1) the quantity of fentanyl or carfentanil involved; and (2) whether the offender sold fentanyl or carfentanil to a person while representing the fentanyl or carfentanil as another controlled substance and the use of the fentanyl or carfentanil resulted in substantial bodily harm to or the death of the person. Sections 3, 6, 7 and 9 of this bill provide that a person found guilty of a violation of section 1 is subject to the greater penalty for that crime if the acts constituting the crime could subject the person to a lesser punishment under another statute. Sections 2, 4, 5, 8 and 10-14 of this bill add references to section 1 so that violations of that section are, for certain purposes, treated the same as certain other crimes involving the unlawful sale of a controlled substance classified in schedule I or II or the unlawful possession of such a controlled substance for the purpose of sale.

Statutes affected:
As Introduced: 453.301, 453.321, 453.333, 453.3345, 453.336, 453.337, 453.3383, 453.3385, 453.3405, 453.348, 179A.075, 207.360, 391.650
BDR: 453.301, 453.321, 453.333, 453.3345, 453.336, 453.337, 453.3383, 453.3385, 453.3405, 453.348, 179A.075, 207.360, 391.650