AB 438 — Revises provisions relating to offenses involving controlled substances. (BDR 40-1071)

(ReprintedAssembly withBill amendmentsNo. adopted on April 24, 2017) FIRST REPRINT A.B.

438438–Assemblyman ASSEMBLYFlores BCHAPTER.......... ILLN O.

438–A SSEMBLYMAN FLORES M ARCH 27, 2017 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to offenses involving controlled substances.

(BDR 40-1071) FISCAL NOTE:

Effect on Local Government:

Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.

Effect on the State:

No.

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matter between brackets [omitted material] is material to be omitted.

LegExistingLegislative lawCounsel’s prohibitsDigest: a person from knowingly or intentionally selling, manufacturing, delivering, bringing into this State or being in actual or constructive possession of certain controlled substances other than marijuana and sets forth the penalties for the commission of any such act.

(NRSExisting 453.3385,law 453.3395)prohibits Sections 9 and 9.5 of this bill provide that a person whofrom violatesknowingly anyor suchintentionally provisionselling, ismanufacturing, guiltydelivering, ofbringing levelinto 1this drugState possession, level 2 drug possession or traffickingbeing in aactual controlledor subExistingconstructive lawpenalties providesfor thatthe ifcommission a person is found guilty of traffickingany insuch aolved.act.

controlled(NRS substance,453.3385, 453.3395) Sections the courtand is9.5 authorizedof tothis reducebill orprovide suspendthat thea sentenceperson who violates any such provision is guilty of thelevel person1 ifdrug thepossession, courtlevel finds2 thatdrug hepossession or shetrafficking renderedin substantiala assistancecontrolled insubstance, depending on the investigationtype orand prosecutionquantity of anythe offense.controlled substance involved.

(NRSExisting 453.3405)law Sectionprovides 10that ofif this bill authorizes the court to reduce or suspend the sentence of a person who is convictedfound theguilty personof totrafficking renderin sucha assistance.certain controlled substancessubstance, withoutthe requiringcourt Existing law also provides that it is unlawfulauthorized for a person knowingly to usereduce or besuspend under the influencesentence of ainvestigation controlledor substanceprosecution except:of any offense.

(NRS 453.3405) Section 10 of this bill authorizes the court to reduce or suspend the sentence of a person who is convicted of level 1 drug possession involving certain controlled substances without requiring the person to render such assistance.

Existing law also provides that it is unlawful for a person knowingly to use or be under the influence of a controlled substance except:

or (2) when administered to the person at certain rehabilitationgenerally clinicsguilty orof hospitals.a category E felony unless the controlled substance is listed in schedule V, in which case the person is guilty of a gross misdemeanor.

A(NRS person who violates either such provision is - *AB438_R1* – 2 – generally guilty of a category E felony unless the controlled substance is listed in 453.411) Section 10.5 of this bill reduces the penalty for a violation of either such provision to a misdemeanor.

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Except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, and unless a greater penalty is provided in NRS 453.322, a person who knowingly or intentionally sells, manufactures, delivers or brings into this State or who is knowingly or intentionally in actual or constructive - 79th Session (2017) – 2 – possession of flunitrazepam, gamma-hydroxybutyrate, any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor or any controlled substance which is listed in schedule I, except marijuana, or any mixture which contains any such controlled substance, [shall be punished, unless a greater penalty is provided pursuant to NRS 453.322,] if the quantityquantityer involved:

(a) Is 4 grams or more, but less than 14 grams, is guilty of level 1 drug possession and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years and by a fine of not more than $50,000.

(b) Is 14 grams or more, but less than 28 grams, is guilty of level 2 drug possession and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years and by a fine of not more than $100,000.

or - *AB438_R1* – 3 – (2) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served, ¬ and by a fine of not more than $500,000.

453.3395 Except as otherwise provided in NRS 453.011 to 453.552, inclusive, and unless a greater penalty is providedprovidedo pursuant to NRS 453.322, a person who knowingly or intentionally sells, manufactures, delivers or brings into this State or who is knowingly or intentionally in actual or constructive possession of any controlled substance which is listed in schedule II or any mixture which contains any such controlled substance , [shall be punished, unless a greater penalty is provided pursuant to NRS 453.322,] if the quantity involved: