In answering the rephrased certified question from the Ninth Circuit, this Court ultimately concluded that a substance’s identity is an element to the crime articulated in NRS 453.377. Because the statute was determined to be ambiguous, the Court relies on the holding in Muller and Andrews to support the conclusion that the units of prosecution are charged as a separate offense for each controlled substance simultaneously possessed. Therefore, the statute establishes multiple, separate offenses for each controlled substance that is identified.
Padilla, Jorge "Coco", "Figueroa-Beltran v. United States, 136 Nev. Adv. Op. 45 (Jul. 16, 2020)" (2020). Nevada Supreme Court Summaries. 1332.