NRS 370.405: Unlawful sale or possession of contraband tobacco products; penalties.

1. It is unlawful for any person knowingly to sell or to possess for the purpose of sale any contraband tobacco products. The presence of any contraband tobacco products in a vending machine is prima facie evidence of the purpose to sell those products.

2. A person who violates any provision of subsection 1 is guilty of:

(a) For the first offense involving contraband tobacco products having a value of $25 or more but less than $250, a misdemeanor.

(b) For each subsequent offense involving contraband tobacco products having a value of $25 or more but less than $250, a category D felony and shall be punished as provided in NRS 193.130.

(c) For the first offense involving contraband tobacco products having a value of $250 or more, a gross misdemeanor.

(d) For each subsequent offense involving contraband tobacco products having a value of $250 or more, a category C felony and shall be punished as provided in NRS 193.130.