Section 453.3393 - Unlawful to produce or process marijuana or extract concentrated cannabis; exception; penalties1. A person shall not knowingly or intentionally manufacture, grow, plant, cultivate, harvest, dry, propagate or process marijuana, except as specifically authorized by the provisions of this chapter or title 56 of NRS.2. Unless a greater penalty is provided in subsection 3 or NRS 453.339, a person who violates subsection 1, if the quantity involved is more than 12 marijuana plants, irrespective of whether the marijuana plants are mature or immature, is guilty of a category E felony and shall be punished as provided in NRS 193.130.3. A person shall not knowingly or intentionally extract concentrated cannabis, except as specifically authorized by the provisions of title 56 of NRS. Unless a greater penalty is provided in NRS 453.339, a person who violates this subsection is guilty of a category D felony and shall be punished as provided in NRS 193.130.4. If a person violates: (a) Subsection 1 by manufacturing, growing, planting, cultivating, harvesting, drying, propagating or processing marijuana; or(b) Subsection 3 by extracting concentrated cannabis, and the violation causes a fire or explosion, the person shall, in addition to the term of imprisonment prescribed in this section for the underlying violation, be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years.
5. In determining the length of the additional penalty imposed pursuant to subsection 4, the court shall consider the following information: (a) The facts and circumstances of the violation;(b) The criminal history of the person;(c) The impact of the violation on any victim;(d) Any mitigating factors presented by the person; and(e) Any other relevant information. The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.
6. The sentence prescribed by subsection 4: (a) Must not exceed the sentence imposed for the underlying violation of subsection 1 or 3, as applicable; and(b) Must run consecutively with the sentence imposed for the underlying violation of subsection 1 or 3, as applicable.7. The provisions of subsection 4 do not create any separate offense but provide an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.8. In addition to any punishment imposed pursuant to this section, the court shall order a person convicted of a violation of this section to pay all costs associated with any necessary cleanup and disposal related to the manufacturing, growing, planting, cultivation, harvesting, drying, propagation or processing of the marijuana or the extraction of concentrated cannabis.Added to NRS by 2013, 3700; A 2015, 3089; 2019, 3875; 2021, 1740Amended by 2021, Ch. 300,§2, eff. 10/1/2021.Amended by 2019, Ch. 595,§216, eff. 7/1/2020.Amended by 2015, Ch. 506,§8, eff. 7/1/2015.Added by 2013, Ch. 547,§1.7, eff. 6/12/2013 for the purpose of adopting regulations and carrying out other preparatory administrative acts, and on 4/1/2014, for all other purposes.