453.553 - Action to recover civil penalty: Persons liable for civil penalty; action to be brought by Attorney General or district attorney; definitions. - Nevada Statutes

453.553  Action to recover civil penalty: Persons liable for civil penalty; action to be brought by Attorney General or district attorney; definitions.

      1.  In addition to any criminal penalty imposed for a violation of the provisions of NRS 453.011 to 453.552, inclusive, any person who violates NRS 453.324, 453.354, 453.355 or 453.357, unlawfully sells, manufactures, delivers or brings into this State, possesses for sale or participates in any way in a sale of a controlled substance listed in schedule I, II or III or who engages in any act or transaction in violation of the provisions of NRS 453.3611 to 453.3648, inclusive, is subject to a civil penalty for each violation. This penalty must be recovered in a civil action, brought in the name of the State of Nevada by the Attorney General or by any district attorney in a court of competent jurisdiction.

      2.  As used in NRS 453.553 to 453.5533, inclusive:

      (a) “Each violation” includes a continuous or repetitive violation arising out of the same act.

      (b) “Sell” includes exchange, barter, solicitation or receipt of an order, transfer to another for sale or resale and any other transfer for any consideration or a promise obtained directly or indirectly.

      (c) “Substitute” means a substance which:

             (1) Was manufactured by a person who at the time was not currently registered with the Secretary of Health and Human Services; and

             (2) Is an imitation of or intended for use as a substitute for a substance listed in schedule I, II or III.

      (Added to NRS by 1985, 2042; A 1999, 2640; 2001, 1063; 2003, 560; 2007, 777, 3127)