Martin D. Hastings, Esq.
630 South Seventh Street
Las Vegas, Nevada 89101

Phone: (702) 382-3847
Fax: (702) 382-2828

NRS 453.338 Unlawful possession for sale of substances classified in schedule III, IV or V; penalties. Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to possess for the purpose of sale any controlled substance classified in schedule III, IV or V. A person who violates this section shall be punished: (a) For the first and second offense, for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $10,000. (b) For a third or subsequent offense, or if the offender has been previously 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 C felony as provided in NRS 193.130. 3. The court shall not grant probation to or suspend the sentence of a person convicted of violating this section and punishable under paragraph (b) of subsection 2. NRS 453.3383 Determination of weight of controlled substance for purposes of NRS 453.3385, 453.339 and 453.3395. For the purposes of NRS 453.3385, 453.339 and 453.3395, the weight of the controlled substance as represented by the person selling or delivering it is determinative if the weight as represented is greater than the actual weight of the controlled substance.

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