454.316 - Possession of dangerous drug without prescription unlawful; penalties; exceptions.

454.316  Possession of dangerous drug without prescription unlawful; penalties; exceptions.

      1.  Except as otherwise provided in this section, a person who possesses a dangerous drug, except that furnished to the person by a pharmacist pursuant to a legal prescription or by a practitioner, is guilty of a gross misdemeanor. A person who has been twice previously convicted of any offense:

      (a) Described in this section; or

      (b) Pursuant to any other law of the United States or this or any other state or district which if committed in this State would have been punishable as an offense under this section,

Ê is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      2.  A prescription is not required for possession of a dangerous drug by a person authorized by NRS 454.213, any other person or class of persons approved by the Board pursuant to regulation, jobbers, wholesalers, manufacturers or laboratories authorized by laws of this State to handle, possess and deal in dangerous drugs if the drugs are in stock containers properly labeled and have been procured from a manufacturer, wholesaler or pharmacy, or by a rancher who possesses a dangerous drug in a reasonable amount for use solely in the treatment of livestock on his or her own premises.

      (Added to NRS by 1973, 1200; A 1979, 953, 1679; 1987, 2216; 1991, 795, 1958; 1995, 1035, 1293, 1340)