Nevadas drug schedules appear significantly broader than the Federal Controlled Substances schedules, since they include dangerous substances, in addition to controlled substances.

Upon comparing the way drugs are scheduled by the Controlled Substance Act with NRS 453.166 to 453.219, one finds that Nevada uses the identical criteria for scheduling drugs as the Controlled Substance Act. In fact, the Revisers Note at the beginning of NRS Ch. 453 lists the Controlled Substance Act as the original source for 453.166 to 453.219.

The Nevada State Board of Pharmacy has indicated that Nevada has adopted the Federal Controlled Substances Act, as required by NRS 453.2182. The only exceptions to the mirroring between the Nevada and Federal lists of controlled substances are those drugs that the Nevada Board of Pharmacy has added to the list pursuant to NRS 453.2188. The Nevada Board of Pharmacy reviews the federal list of controlled substances, found at 21 CFR 1308.11 to 1308.15, no less than once a year to make sure that any drugs that the federal government deems to be a controlled substance is included on Nevadas list of controlled substances.

Since there are no drugs that the federal government classifies as a controlled substance that Nevada does not, it would be correct to state that Nevadas definition of dangerous drug found at NRS 454.201 would exclude any drugs classified as controlled substance under federal law as well as under Nevada law. Accordingly, a respondent convicted of possession of a dangerous drug under NRS 454.351 should not be considered to have been convicted of a controlled substance offense under federal law.
Thanks to Jon Eric Garde.

 

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