Marijuana is legal to consume recreationally in Nevada for those 21 years old and older. There are, however, restrictions as to how much you may possess and where you may consume marijuana. Possession is limited to one ounce or less of marijuana and 1/8 of an ounce or less of cannabis concentrate. With the legalization of marijuana in the State of Nevada come many questions about driving under the influence.
Here are some common questions and answers about Nevada state laws concerning marijuana consumption and getting behind the wheel:
Is it a crime to drive under the influence of marijuana?
Yes. It is a crime in Nevada, as well as every state in the country.
How much marijuana in a driver’s system when tested warrants a DUI?
Marijuana — 2 nanograms per milliliter
Marijuana metabolite — 5 nanograms per milliliter.
What if the driver has a medical marijuana card?
The same rules apply for both recreational and medical marijuana users.
How does a police officer know if a driver is under the influence of marijuana?
A police officer who believes a driver is impaired due to marijuana will require a blood test to confirm that they are under the influence.
How does a blood test show that someone is under the influence of marijuana?
A blood test will show “metabolites” in the body. Metabolites are the residue of marijuana which last a long time in the system – even after you are sober. This test will show if a driver was in fact over the limit at the time they were arrested.
Why are there two types of DUIs when it comes to marijuana impairment?
A per se DUI is one that does not require a prosecutor to prove whether the driver was impaired or not. They would have to show the blood test results proving the driver exceeded the legal limit of marijuana or marijuana metabolite in the blood while driving.
An impairment DUI is one that requires a prosecutor to prove that the driver was impaired and shown to be breaking the law. This could be during a license check or a traffic infraction, such as crossing over the centerline, weaving, etc.
Can the passengers of a car smoke marijuana?
No. It is illegal to consume cannabis in any public space. It is only permissible to consume on private property as long as the property owner permits it.
What are the penalties for DUI of marijuana?
First time DUI convictions (no injury) are considered a misdemeanor.
The penalties include paying a fine, suspended jail sentence, DUI school, victim impact panel, and six-month driver’s license suspension.
Who can help with DUI of marijuana charges?
Ticket Busters can help! We are committed to resolving violations and citations for our clients and work hard to negotiate a reduced penalty for most moving violations. Seven years or more is how long a DUI conviction will stay on a person’s record. Let our attorneys work to get your DUI of marijuana charges reduced to reckless driving or possibly even dismissed completely.
