Nevada 2023 Regular Session Status: Passed Senate 3 D cosponsors

SB 343 — Revises provisions relating to fentanyl and derivatives of fentanyl. (BDR 40-501)

Last action — (Pursuant to Joint Standing Rule No. 14.3.3, no further action allowed.)

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  1. ✓
    Introduced
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  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

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S.B.
(Reprinted with amendments adopted on April 24, 2023) FIRST REPRINT S.B.
establishing the crimes of low-level, mid-level and high-level trafficking in fentanyl, any derivative of fentanyl or any mixture which contains fentanyl or any derivative of fentanyl;
establishing the crime of low-level trafficking in illicitly manufactured fentanyl, any derivative of fentanyl or any mixture which contains fentanyl or any derivative of fentanyl;
(NRS 453.3385) Existing regulations of the State Board of Pharmacy include fentanyl in the list of controlled substances in schedule II and various derivatives of fentanyl in the list of controlled substances in schedule I.
(NRS 453.3385) Additionally, under existing law, a person who knowingly or intentionally possesses a schedule I or schedule II controlled substance in which the quantity involved is less than 14 grams commits the crime of possession of a controlled substance and is guilty of:
(1) a category E felony for a first or second offense;
and (2) a category D felony for a tExisting regulations of the State Board of Pharmacy include fentanyl in the list of controlled substances in schedule II and various derivatives of fentanyl in the list of controlled substances in schedule I.
R023-21, NAC 453.520) Section 8 of this bill excludes fentanyl, any derivative of from the controlled substances to which the provisions governing the crimes of low-level trafficking and high-level trafficking apply.
R023-21, NAC 453.520) Section 1 of this bill establishes the crime of low-level trafficking in illicitly manufactured fentanyl, any derivative of fentanyl or any mixture which contains fentanyl or any derivative of fentanyl.
Instead, section 1 of this bill establishes the crimes of low-level trafficking, mid-level trafficking and high-level trafficking in fentanyl, any derivative of fentanyl or any mixture which contains fentanyl or any derivative of fentanyl.
Under section 1, a person who knowingly or intentionally sells, manufactures, delivers or brings into - *SB343_R1* – 2 – this State or is knowingly or intentionally in actual or constructive possession of illicitly manufactured fentanyl, any derivative of fentanyl or any mixture which contains fentanyl or any derivative of fentanyl is guilty of low-level trafficking if person who commits the crime of low-level trafficking is guilty of a category B1, a felony and subject to certain prescribed penalties.
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, any derivative of - *SB343* – 2 – fentanyl or any mixture which contains fentanyl or any derivative of fentanyl is guilty of:
Sections 5 and 6 of this bill provide that a person found guilty of low-level trafficking in illicitly manufactured fentanyl, any derivative of fentanyl or any mixture which contains fentanyl or any derivative of fentanyl is subject to the punishment under another statute.ituting the crime could subject the person to a lesser Sections 3, 4, 7, 9 and 11-13 of this bill add references to section 1 so that the crime of low-level trafficking in illicitly manufactured fentanyl, any derivative of fentanyl or any mixture which contains fentanyl or any derivative of fentanyl is treated the same as the crime of low-level trafficking involving other schedule I for certain purposes., other than marijuana, and schedule II controlled substances THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(1) low-level trafficking if the quantity involved is 4 grams or more but less than 14 grams;
(2) mid-level trafficking if the quantity involved is 14 grams or more but less than 28 grams;
and (3) high-level trafficking if the quantity involved 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 low-level, mid-level or high-level trafficking in fentanyl, any derivative of fentanyl or any mixture which contains fentanyl or any derivative of fentanyl is subject to the punishment under another statute.ituting the crime could subject the person to a lesser 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, any derivative of fentanyl or any mixture which contains fentanyl or any derivative of fentanyl are treated the same as the crimes of low-level and high-level trafficking involving other schedule I controlled substances, other than marijuana, and schedule II controlled substances for certain purposes.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, 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 fentanyl, any derivative of fentanyl or any mixture which contains fentanyl or any derivative of fentanyl, unless a greater penalty is provided pursuant to NRS 453.322, if the quantity involved:
Except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, 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 4 grams or more but less than 14 grams of illicitly manufactured fentanyl, any derivative of fentanyl or any mixture which contains fentanyl or any derivative of fentanyl, unless a greater penalty is provided pursuant to NRS 453.322, is guilty of low-level trafficking 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.
1.
Is 4 grams or more, but less than 14 grams, is guilty of low-level trafficking 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.
2.
Is 14 grams or more, but less than 28 grams, is guilty of mid-level trafficking 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.
3.
Is 28 grams or more, is guilty of high-level trafficking and shall be punished for a category A felony by imprisonment in the state prison:
(a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served;
or - *SB343* – 3 – (b) 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.
NRS 453.322 is hereby amended to read as follows:
(Deleted by amendment.) Sec.
453.322 1.
Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to knowingly or intentionally:
(a) Manufacture or compound a controlled substance other than marijuana.
(b) Possess, with the intent to manufacture or compound a controlled substance other than marijuana, or sell, exchange, barter, supply, prescribe, dispense or give away, with the intent that the chemical be used to manufacture or compound a controlled substance other than marijuana:
(1) Any chemical identified in subsection 5;
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.
The district attorney may present expert testimony to provide a prima facie case that any chemical, whether or not it is a chemical identified in subsection 5, is commonly used in manufacturing or compounding such a controlled substance.
 The provisions of this paragraph do not apply to a person who, without the intent to commit an unlawful act, possesses any chemical at a laboratory that is licensed to store the chemical.
(c) Offer or attempt to do any act set forth in paragraph (a) or (b).
2.
Unless a greater penalty is provided in subsection 3 or NRS 453.3385, or section 1 of this act, 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 maximum term of not more than 15 years, and may be further punished by a fine of not more than $100,000.
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 explosion, the person 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 20 years, and may be further punished by a fine of not more than $100,000.
4.
The court shall not grant probation to a person convicted pursuant to this section.
- *SB343* – 4 – 5.
The following chemicals are identified for the purposes of subsection 1:
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(a) Acetic anhydride.
(b) Acetone.
(c) N-Acetylanthranilic acid, its esters and its salts.
(d) Anthranilic acid, its esters and its salts.
(e) Benzaldehyde, its salts, isomers and salts of isomers.
(f) Benzyl chloride.
(g) Benzyl cyanide.
(h) 1,4-Butanediol.
(i) 2-Butanone (or methyl ethyl ketone or MEK).
(j) Ephedrine, its salts, isomers and salts of isomers.
(k) Ergonovine and its salts.
(l) Ergotamine and its salts.
(m) Ethylamine, its salts, isomers and salts of isomers.
(n) Ethyl ether.
(o) Gamma butyrolactone.
(p) Hydriodic acid, its salts, isomers and salts of isomers.
(q) Hydrochloric gas.
(r) Iodine.
(s) Isosafrole, its salts, isomers and salts of isomers.
(t) Lithium metal.
(u) Methylamine, its salts, isomers and salts of isomers.
(v) 3,4-Methylenedioxy-phenyl-2-propanone.
(w) N-Methylephedrine, its salts, isomers and salts of isomers.
(x) Methyl isobutyl ketone (MIBK).
(y) N-Methylpseudoephedrine, its salts, isomers and salts of isomers.
(z) Nitroethane, its salts, isomers and salts of isomers.
(aa) Norpseudoephedrine, its salts, isomers and salts of isomers.
(bb) Phenylacetic acid, its esters and its salts.
(cc) Phenylpropanolamine, its salts, isomers and salts of isomers.
(dd) Piperidine and its salts.
(ee) Piperonal, its salts, isomers and salts of isomers.
(ff) Potassium permanganate.
(gg) Propionic anhydride, its salts, isomers and salts of isomers.
(hh) Pseudoephedrine, its salts, isomers and salts of isomers.
(ii) Red phosphorous.
(jj) Safrole, its salts, isomers and salts of isomers.
(kk) Sodium metal.
(ll) Sulfuric acid.
(mm) Toluene.
- *SB343* – 5 – Sec.
3.
If convicted of murder in the first degree, the person is guilty of a category A felony and shall be punished as provided in subsection 4 of NRS 200.030, except that the punishment of death may be imposed only if the requirements of paragraph (a) of subsection 4 of that section have been met and if the defendant is or has previously been convicted of violating NRS 453.3385 or 453.339 or section 1 of this act or a law of any other jurisdiction which prohibits the same conduct.
If convicted of murder in the first degree, the person is guilty of a category A felony and shall be punished as provided in subsection 4 of NRS 200.030, except that the punishment of death - *SB343_R1* – 3 – may be imposed only if the requirements of paragraph (a) of subsection 4 of that section have been met and if the defendant is or has previously been convicted of violating NRS 453.3385 or 453.339 or section 1 of this act or a law of any other jurisdiction which prohibits the same conduct.
- *SB343* – 6 – (2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served;
(2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 20 years has been served;
(a) “Marijuana” does not include concentrated cannabis.
- *SB343_R1* – 4 – (a) “Marijuana” does not include concentrated cannabis.
- *SB343* – 7 – (b) For a third or subsequent offense, if the controlled substance is listed in schedule I or II and the quantity possessed is less than 14 grams, or if the controlled substance is listed in schedule III, IV or V and the quantity possessed is less than 28 grams, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, is guilty of possession of a controlled substance and shall be punished for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.
(b) For a third or subsequent offense, if the controlled substance is listed in schedule I or II and the quantity possessed is less than 14 grams, or if the controlled substance is listed in schedule III, IV or V and the quantity possessed is less than 28 grams, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, is guilty of possession of a controlled substance and shall be punished for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.
(c) If the controlled substance is listed in schedule I or II and the quantity possessed is 14 grams or more, but less than 28 grams, or if the controlled substance is listed in schedule III, IV or V and the quantity possessed is 28 grams or more, but less than 200 grams, is guilty of low-level possession of a controlled substance and shall be punished for a category C felony as provided in NRS 193.130.
(c) If the controlled substance is listed in schedule I or II and the quantity possessed is 14 grams or more, but less than 28 grams, or if - *SB343_R1* – 5 – the controlled substance is listed in schedule III, IV or V and the quantity possessed is 28 grams or more, but less than 200 grams, is guilty of low-level possession of a controlled substance and shall be punished for a category C felony as provided in NRS 193.130.
or - *SB343* – 8 – (c) Being required to undergo an evaluation in accordance with subsection 1 of NRS 484C.350, or any combination thereof.
or (c) Being required to undergo an evaluation in accordance with subsection 1 of NRS 484C.350, or any combination thereof.
It is not a violation of this section if a person possesses a trace amount of a controlled substance and that trace amount is in or on a hypodermic device obtained from a sterile hypodermic device program pursuant to NRS 439.985 to 439.994, inclusive.
It is not a violation of this section if a person possesses a trace amount of a controlled substance and that trace amount is in or - *SB343_R1* – 6 – on a hypodermic device obtained from a sterile hypodermic device program pursuant to NRS 439.985 to 439.994, inclusive.
(b) For a second offense, or if, in the case of a first conviction of violating this section, the offender has previously been convicted of - *SB343* – 9 – a felony under the Uniform Controlled Substances Act or of an offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under the Uniform Controlled Substances Act, for a category C felony as provided in NRS 193.130.
(b) For a second offense, or if, in the case of a first conviction of violating this section, the offender has previously been convicted of a felony under the Uniform Controlled Substances Act or of an offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under the Uniform Controlled Substances Act, for a category C felony as provided in NRS 193.130.
(c) For a third or subsequent offense, or if the offender has previously been convicted two or more times of a felony under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under the Uniform Controlled Substances Act, for a category B felony 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 by a fine of not more than $20,000 for each offense.
(c) For a third or subsequent offense, or if the offender has previously been convicted two or more times of a felony under the Uniform Controlled Substances Act or of any offense under the laws of the United States or any state, territory or district which, if committed in this State, would amount to a felony under the Uniform Controlled Substances Act, for a category B felony by - *SB343_R1* – 7 – 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 by a fine of not more than $20,000 for each offense.
NRS 453.3385 is hereby amended to read as follows:
(Deleted by amendment.) Sec.
453.3385 1.
Except as otherwise provided in NRS 453.339 and section 1 of this act and except as otherwise authorized by the provisions of NRS 453.011 to 453.552, inclusive, 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 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 or II [, except marijuana,] or any mixture which contains any such controlled substance, unless a greater penalty is provided pursuant to NRS 453.322, if the quantity involved:
- *SB343* – 10 – [(a)] 2.
Is 100 grams or more, but less than 400 grams, is guilty of low-level trafficking 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 20 years and by a fine of not more than $100,000.
[(b)] 3.
Is 400 grams or more, is guilty of high-level trafficking and shall be punished for a category A felony by imprisonment in the state prison:
[(1)] (a) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served;
or [(2)] (b) 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.
[2.
As used in this section, “marijuana” does not include concentrated cannabis.] Sec.
(a) The court’s evaluation of the significance and usefulness of the convicted person’s assistance, taking into consideration the prosecuting attorney’s evaluation of the assistance rendered;
- *SB343_R1* – 8 – (a) The court’s evaluation of the significance and usefulness of the convicted person’s assistance, taking into consideration the prosecuting attorney’s evaluation of the assistance rendered;
and - *SB343* – 11 – (e) The timeliness of the convicted person’s assistance.
and (e) The timeliness of the convicted person’s assistance.
NRS 453C.150 is hereby amended to read as follows:
(Deleted by amendment.) Sec.
453C.150 1.
Notwithstanding any other provision of law, a person who, in good faith, seeks medical assistance for a person who is experiencing a drug or alcohol overdose or other medical emergency or who seeks such assistance for himself or herself, or who is the subject of a good faith request for such assistance may not be arrested, charged, prosecuted or convicted, or have his or her property subjected to forfeiture, or be otherwise penalized for violating:
(a) Except as otherwise provided in subsection 4, a provision of chapter 453 of NRS relating to:
(1) Drug paraphernalia, including, without limitation, NRS 453.554 to 453.566, inclusive;
(2) Possession, unless it is for the purpose of sale or violates the provisions of NRS 453.3385, subsection 2 of NRS 453.3393 or 453.3405 [;] or section 1 of this act;
or (3) Use of a controlled substance, including, without limitation, NRS 453.336;
(b) A local ordinance as described in NRS 453.3361 that establishes an offense that is similar to an offense set forth in NRS 453.336;
(c) A restraining order;
or (d) A condition of the person’s parole or probation,  if the evidence to support the arrest, charge, prosecution, conviction, seizure or penalty was obtained as a result of the person seeking medical assistance.
2.
A court, before sentencing a person who has been convicted of a violation of chapter 453 of NRS for which immunity is not provided by this section, shall consider in mitigation any evidence or information that the defendant, in good faith, sought medical assistance for a person who was experiencing a drug or alcohol overdose or other life-threatening emergency in connection with the events that constituted the violation.
3.
For the purposes of this section, a person seeks medical assistance if the person:
(a) Reports a drug or alcohol overdose or other medical emergency to a member of a law enforcement agency, a 911 emergency service, a poison control center, a medical facility or a provider of emergency medical services;
(b) Assists another person making such a report;
(c) Provides care to a person who is experiencing a drug or alcohol overdose or other medical emergency while awaiting the arrival of medical assistance;
or - *SB343* – 12 – (d) Delivers a person who is experiencing a drug or alcohol overdose or other medical emergency to a medical facility and notifies the appropriate authorities.
4.
The provisions of this section do not prohibit any governmental entity from taking any actions required or authorized by chapter 432B of NRS relating to the abuse or neglect of a child.
5.
As used in this section, “drug or alcohol overdose” means a condition, including, without limitation, extreme physical illness, a decreased level of consciousness, respiratory depression, coma, mania or death which is caused by the consumption or use of a controlled substance or alcohol, or another substance with which a controlled substance or alcohol was combined, or that an ordinary layperson would reasonably believe to be a drug or alcohol overdose that requires medical assistance.
Sec.
- *SB343* – 13 – 4.
4.
(b) In accordance with the policies, procedures and definitions of the Uniform Crime Reporting Program of the Federal Bureau of Investigation;
- *SB343_R1* – 9 – (b) In accordance with the policies, procedures and definitions of the Uniform Crime Reporting Program of the Federal Bureau of Investigation;
- *SB343* – 14 – (4) For whom such information is required or authorized to be obtained pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.123 and 449.4329;
(4) For whom such information is required or authorized to be obtained pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.123 and 449.4329;
or (5) About whom any agency of the State of Nevada or any political subdivision thereof is authorized by law to have accurate personal information for the protection of the agency or the persons within its jurisdiction.
or - *SB343_R1* – 10 – (5) About whom any agency of the State of Nevada or any political subdivision thereof is authorized by law to have accurate personal information for the protection of the agency or the persons within its jurisdiction.
or (3) Is employed by or volunteers for a county school district, charter school or private school, and immediately notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a - *SB343* – 15 – violation of NRS 200.508, 201.230, 453.3385 or 453.339, or section 1 of this act, or convicted of a felony or any offense involving moral turpitude.
or (3) Is employed by or volunteers for a county school district, charter school or private school, and immediately notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385 or 453.339, or section 1 of this act, or convicted of a felony or any offense involving moral turpitude.
(e) Upon discovery, immediately notify the superintendent of each county school district, the governing body of each charter school or the administrator of each private school, as appropriate, by providing the superintendent, governing body or administrator with a list of all persons:
- *SB343_R1* – 11 – (e) Upon discovery, immediately notify the superintendent of each county school district, the governing body of each charter school or the administrator of each private school, as appropriate, by providing the superintendent, governing body or administrator with a list of all persons:
- *SB343* – 16 – 9.
9.
(a) In the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime.
- *SB343_R1* – 12 – (a) In the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime.
- *SB343* – 17 – 11.
11.
12.
- *SB343_R1* – 13 – 12.
or - *SB343* – 18 – 37.
or 37.
Sec.
- *SB343_R1* – 14 – Sec.
H - *SB343*
H - *SB343_R1*
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Action History

  1. (Pursuant to Joint Standing Rule No. 14.3.3, no further action allowed.)

  2. In Assembly. Read first time. Referred to Committee on Judiciary. To committee.

  3. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 15, Nays: 6.) To Assembly.

  4. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 421.) To printer.

  5. From printer. To committee.

  6. Read first time. Referred to Committee on Judiciary. To printer.

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 64 not signed on

Sponsors (1)

Co-sponsors (2)

Not signed on (64)

64 members have not signed on to this bill.

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Frequently asked questions

Who sponsors SB 343?
SB 343 is sponsored by Cannizzaro, Nicole J. (Democratic), Dondero Loop, Marilyn (Democratic), and Pazina, Julie (Democratic).
What is the current status of SB 343?
This bill died with 2023 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 343?
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