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) Existing regulations of the State Board of Pharmacy include fentanyl and certain related opioids in the list of controlled substances in schedules I and II. (NAC 453.510, 453.520) Section 8 of this bill excludes fentanyl, carfentanil, any benzimidazole opiate and any mixture which contains any such controlled substance from the controlled substances to which the provisions governing the crimes of low-level trafficking and high-level trafficking apply. Section 1 of this bill instead establishes the crimes of low-level trafficking, mid-level trafficking and high-level trafficking in fentanyl, carfentanil, any benzimidazole opiate and any mixture which contains any such controlled substance. 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 fentanyl, carfentanil, any benzimidazole opiate or any mixture which contains any such controlled substance is guilty of: (1) low-level trafficking if the quantity involved is 4 milligrams or more, but less than 6 milligrams; (2) mid-level trafficking if the quantity involved is 6 milligrams or more, but less than 8 milligrams; and (3) high-level trafficking if the quantity involved is 8 milligrams or more. Under section 1, a person who commits the crime of: (1) low-level or mid-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. Sections 2, 5 and 6 of this bill provide that a person found guilty of trafficking in fentanyl, carfentanil, any benzimidazole opiate or any mixture which contains any such controlled substance is subject to the penalties prescribed by section 1 for that crime, even where certain crimes with lesser penalties also apply. Sections 3, 4, 7 and 9-13 of this bill add references to section 1 so that the crimes of low-level, mid-level and high-level trafficking in fentanyl, carfentanil, any benzimidazole opiate or any mixture which contains any such controlled substance are treated the same as the crimes of low-level and high-level trafficking of certain other controlled substances listed in schedule I or II. Existing law provides that, unless a greater penalty applies, a person who possesses for the purpose of sale any controlled substance classified in schedule I or II is guilty of: (1) a category D felony for the first offense; (2) a category C felony for the second offense; and (3) a category B felony for a third or subsequent offense. (NRS 453.337) Section 6 of this bill instead provides that, unless a greater penalty applies, a person who possesses for the purpose of sale fentanyl, carfentanil, any benzimidazole opiate or any mixture which contains any such controlled substance is guilty of a category C felony. Section 6 also prohibits a court from granting probation to or suspending the sentence of a person convicted of unlawful possession for the purpose of sale of fentanyl, carfentanil, any benzimidazole opiate or any mixture which contains any such controlled substance.

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
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