Tribe: Ely Shoshone Tribe of Nevada
SECTION 453.332 Unlawful acts relating to imitation controlled substances; penalties. 1. Except as otherwise provided in subsection 6, it is unlawful for a person to manufacture, distribute, sell or possess with the intent to distribute or sell an imitation controlled substance. 2. Except as otherwise provided in subsection 3, a person who violates subsection 1 is guilty of a Category C offense. 3. A person who is 18 years of age or older who distributes or sells an imitation controlled substance to a person who is under the age of 18 years is guilty of a Category A offense. In addition to any other penalty, the court may order the convicted person to pay restitution for any reasonable costs incurred for the participation of the person to whom he distributed or sold the imitation controlled substance in a program for the treatment of the abuse of controlled substances. If the court orders the convicted person to make such restitution, the court shall notify the parent, guardian or other person legally responsible for the person to whom the imitation controlled substance was distributed or sold that such restitution has been ordered. 4. A person who: (a) Uses or possesses with the intent to use an imitation controlled substance; or (b) Advertises or solicits in any manner with reasonable knowledge that the advertisement or solicitation is to promote the distribution of an imitation controlled substance, is guilty of a Category B offense upon his first and second convictions, and upon a third or any further conviction, is guilty of a Category A offense. 5. For the purposes of this section: (a) “Distribute” means the actual, constructive or attempted transfer, delivery or dispensing to another of an imitation controlled substance. (b) “Imitation controlled substance” means a substance, not a controlled substance, which: (1) In the form distributed is shaped, marked or colored so as to lead a reasonable person to believe it is a controlled substance; or (2) Is represented to be a controlled substance. In determining whether such a representation was made, the court shall consider, in addition to all other logically relevant factors: (I) Statements made by the defendant regarding the nature of
the substance, its use or effect.
(II) Statements made by the defendant regarding the
recipient’s ability to resell the substance at a substantially higher price than
is customary for the substance.
(III) Whether the substance is packaged in a manner normally
used for illicit controlled substances.
6. This section does not apply to the manufacture, distribution, sale or
possession of an imitation controlled substance for use as a placebo by a
practitioner in the course of his professional practice or research. […] SECTION 453.562 Unlawful delivery to minor. A person 18 years of age or older
who violates SECTION 453.560 by delivering drug paraphernalia to a person under
18 years of age who is at least 3 years his junior is guilty of a Category A
offense. In addition to any other penalty, the court may order the convicted
person to pay restitution for any reasonable costs incurred for the
participation of the person to whom he delivered the paraphernalia in a program
for the treatment of the abuse of controlled substances. If the court orders the
convicted person to make such restitution, the court shall notify the parent,
guardian or other person legally responsible for the person to whom the
paraphernalia was delivered that such restitution has been ordered.