SB 359 — Revises the penalties for the commission of certain prohibited acts relating to controlled substances. (BDR 40-1006)

(ReprintedSenate withBill amendmentsNo. adopted on April 15, 2021) FIRST REPRINT S.B.

359359–Committee SENATEon BILLJudiciary NOCHAPTER.......... .

359–COMMITTEE ON JUDICIARY M ARCH 25, 2021 ____________ Referred to Committee on Judiciary SUMMARY—Provides additional penalties if a fire or explosion results from the commission of certain prohibited acts.

(BDR 40-1006) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

Yes.

~ EXPLANATION – Matter in bolded italics is new;

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

providingrevising additionalthe penalties iffor a fire or explosion results from the commission of certain prohibited acts;acts relating to controlled substances;

LegislativeLegiExisting Counsel’slaw: Digest:

(1) prohibits the unauthorized manufacturing or compounding of a controlled substance other than marijuana;

and (2) provides that a person who engages in such unauthorized manufacturing or compounding of a controlled substance other than marijuana is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished that inif additionsuch tounauthorized any punishment that may be imposed for unauthorizedll provides manufacturing or compounding of a controlled substancesubstancees other than marijuana,marijuana ifcauses a fire or explosionexplosion, occursthe asperson theis resultguilty of sucha manufacturingcategory orB compoundingfelony ofand shall be punished by imprisonment in the state prison for a controlledminimum substanceterm otherof not less than marijuana,3 theyears personand isa alsomaximum guiltyterm of not more than 20 years, and may be further punished by a categoryfine Cof felony.not more than $100,000.

and (2) the unauthorized extraction ofofwhich is concentrated cannabis, which is punishable as a category C felony.

(NRS 453.3393) Section 2 of this billbill: provides that in addition to any other punishment that may be imposed for violating such prohibitions, if a fire or explosion occurs as the result of the violation, the person is also guilty of a category C felony.

-(1) *SB359_R1*reduces –the 2penalty –for THEthe PEOPLEunauthorized OFextraction THEof STATEconcentrated OFcannabis NEVADA,from REPRESENTEDa INcategory SENATEC ANDfelony ASSEMBLY,to DOa ENACTcategory ASD FOLLOWS:felony;

and (2) provides for the imposition of an additional penalty if the unauthorized manufacturing, growing, planting, cultivating, harvesting, drying, propagating or causes a fire or explosion.the unauthorized extraction of concentrated cannabis EXPLANATION – Matter in bolded italics is new;

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

(1)- 81st Session (2021) – 2 – (2) Any other chemical identifiedwhich is proven by expert testimony to be commonly used in subsectionmanufacturing [4;]or 5;compounding a controlled substance other than marijuana.

or (2) Any other chemical which is proven by expert testimony to be commonly used in manufacturing or compounding a controlled substance other than marijuana.

Unless a greater penalty is provided in subsection 3 or NRS 453.3385, a person who violates any provision of subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a punished by a fine of not more than $100,000.ay be further 3.

InIf addition to any other punishment that may be imposed pursuant to this section, if a person violates any provision of subsection 1 by engaging in the manufacturing or compounding of a controlled substance other than marijuana, or by attempting to do so, and the violation causes a fire or explosionexplosion, occursthe asperson theis resultguilty of sucha manufacturingcategory orB compoundingfelony ofand ashall controlledbe substancepunished otherby thanimprisonment marijuana,in orthe anstate attemptprison tofor doa so,minimum theterm personof isnot guiltyless ofthan 3 years and a categorymaximum Cterm felonyof not more than 20 years, and shallmay be further punished asby provideda infine NRSof 193.130.not more than $100,000.

- *SB359_R1* – 3 – [4.] 5.

(c)(d) N-AcetylanthranilicAnthranilic acid, its esters and its salts.s salts.

(d) Anthranilic acid, its esters and its salts.

(m)- Ethylamine,81st itsSession (2021) – 3 – (n) Ethyl ether.its salts, isomers and salts of isomers.

(n) Ethyl ether.

(cc)isomers.Phenylpropanolamine, Phenylpropanolamine, its salts, isomers and salts of isomers.(dd) Piperidine and its salts.

(dd) Piperidine and its salts.

- *SB359_R1* – 4 – Sec.

A person shall not knowingly or intentionally manufacture, grow, plant, cultivate, harvest, dry, propagate or process marijuana, except as specifically authorized by the provisionspro2.sioUnless a greater penalty is provided in subsection 3 or NRS 453.339, a person who violates subsection 1, if the quantity involved is more than 12 marijuana plants, irrespective of thiswhether chapterthe marijuana plants are mature or titleimmature, 56is guilty of NRS.a category E felony and shall be punished as provided in NRS 193.130.

2.

Unless a greater penalty is provided in subsection 3 or NRS 453.339, a person who violates subsection 1, if the quantity involved is more than 12 marijuana plants, irrespective of whether the marijuana plants are mature or immature, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

Unless a greater penalty is provided in NRS 453.339, a person who violates this subsection is guilty of a - 81st Session (2021) – 4 – category C[C] D felony and shall be punished as provided in NRS 193.130.

InIf addition to any other punishment that may be imposed pursuant to this section, if a person:person violates:

(a) Manufactures,Subsection grows,1 plants,by cultivates,manufacturing, harvests,growing, dries,planting, propagatescultivating, orharvesting, processesdrying, marijuanapropagating inor violationprocessing ofmarijuana; subsection 1;

or (b) ExtractsSubsection concentrated3 cannabisby inextracting violationconcentrated ofcannabis, subsection 3,  and the violation causes a fire or explosionexplosion, occursthe asperson shall, in addition to the resultterm of imprisonment prescribed in this section for the underlying violation, be punished by imprisonment in the personstate isprison guiltyfor a minimum term of anot categoryless Cthan felony1 year and shalla bemax5.um punishedIn asdetermining providedthe inlength NRSof 193.130.the additional penalty imposed pursuant to subsection 4, the court shall consider the following information:

5.(a) The facts and circumstances of the violation;