1. Except as otherwise provided in subsection 2, a person who has been convicted of a felony after August 22, 1996, an element of which is the possession, use or distribution of a controlled substance, is not eligible to receive any public assistance for which denial is required by 21 U.S.C. § 862a.
2. A person who has been convicted of a felony described in subsection 1 may be determined to be eligible for assistance if that person is participating in or has successfully completed a program for the treatment of a substance use disorder that has been approved by the Division and:
(a) Demonstrates to the satisfaction of the Division that he or she has not possessed, used or distributed controlled substances since he or she began the program; or
(b) Is pregnant and a physician has certified in writing that the health and safety of the mother and the unborn child are dependent upon the receipt of benefits.
3. As used in this section, “controlled substance” has the meaning ascribed to it in 21 U.S.C. § 802(6).
(Added to NRS by 2005, 22nd Special Session, 12)
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