Nevada NRS § 453.322 makes it a category B felony to (a) manufacture controlled substances or (b) possess drug-making chemicals with the intent to do so. A conviction is punishable by 3 to 15 years in prison and up to $100,000. The maximum prison term increases to 20 years if you cause a fire or explosion.

In this article, our Las Vegas criminal defense attorneys discuss:

• 1. What is Nevada law as to manufacturing narcotics?
• 2. What drug-making chemicals are prohibited?
• 3. What are the penalties for making drugs?
• 4. How can I fight the charges?
• 5. Can the record be sealed?

1. What is Nevada law as to manufacturing narcotics?

Nevada Revised Statute 453.322 makes it a category B felony either to:

• manufacture or compound a controlled substance (other than marijuana); or
• possess drug-making chemicals with the intent to manufacture or compound a controlled substance (other than marijuana); or
• sell, exchange, barter, supply, prescribe, dispense or give away drug-making chemicals with the intent that the chemical be used to manufacture or compound a controlled substance (other than marijuana).

In short, it is a crime not only to make drugs: It is also a crime to possess drug-making chemicals with the intention of them being used to make drugs.

Note that merely offering or attempting to do any of the above violates NRS 453.322 even if no drugs end up being manufactured.¹

2. What drug-making chemicals are prohibited?

Nevada prohibits possessing the following chemicals if you have the intention of them being used to make drugs:

• Acetic anhydride
• Acetone
• N-Acetylanthranilic acid, its esters and its salts
• Anthranilic acid, its esters and its salts
• Benzaldehyde, its salts, isomers and salts of isomers
• Benzyl chloride
• Benzyl cyanide
• 1,4-Butanediol
• 2-Butanone (or methyl ethyl ketone or MEK)
• Ephedrine, its salts, isomers and salts of isomers
• Ergonovine and its salts
• Ergotamine and its salts
• Ethylamine, its salts, isomers and salts of isomers
• Ethyl ether
• Gamma butyrolactone
• Hydriodic acid, its salts, isomers and salts of isomers
• Hydrochloric gas
• Iodine
• Isosafrole, its salts, isomers and salts of isomers
• Lithium metal
• Methylamine, its salts, isomers and salts of isomers
• 3,4-Methylenedioxy-phenyl-2-propanone
• N-Methylephedrine, its salts, isomers and salts of isomers
• Methyl isobutyl ketone (MIBK)
• N-Methylpseudoephedrine, its salts, isomers and salts of isomers
• Nitroethane, its salts, isomers and salts of isomers
• Norpseudoephedrine, its salts, isomers and salts of isomers
• Phenylacetic acid, its esters and its salts
• Phenylpropanolamine, its salts, isomers and salts of isomers
• Piperidine and its salts
• Piperonal, its salts, isomers and salts of isomers
• Potassium permanganate
• Propionic anhydride, its salts, isomers and salts of isomers
• Pseudoephedrine, its salts, isomers and salts of isomers
• Red phosphorous
• Safrole, its salts, isomers and salts of isomers
• Sodium metal
• Sulfuric acid
• Toluene
• Any other chemical which is proven by expert testimony to be commonly used in manufacturing or compounding a controlled substance (other than marijuana)²

3. What are the penalties for making drugs?

Manufacturing controlled substances in violation of NRS 453.322 is a category B felony carrying three to 15 years in Nevada State Prison. However, if you caused a fire or an explosion, the maximum prison term is 20 years.

Prison is mandatory; the judge is not allowed to grant you probation instead. The judge can also impose a fine of up to $100,000.³

4. How can I fight the charges?

Here at Las Vegas Defense Group, we have represented literally thousands of people charged with drug crimes such as manufacturing controlled substances. In our experience, the following five defenses have proven effective with prosecutors, judges, and juries:

1. You did not intend to make drugs with the chemicals.
2. You did not possess the chemicals, and they belonged to someone else.
3. The chemicals are not typically used for making drugs.
4. You were licensed to possess the chemicals, such as at a laboratory.⁴
5. The police found the drugs through misconduct, such as entrapment, an illegal search, or a coerced confession.

5. Can the record be sealed?

If you are convicted of making drugs in Nevada, you have to wait five years after the case closes to petition for a record seal. That is why we fight so hard to get the case dismissed: If there is no conviction, you can petition for a seal right away.⁵

6. Related offenses

See our articles on the following Nevada drug crimes:

• possession
• possession for sale
• selling
• trafficking
• possessing paraphernalia
• being under the influence

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