Under Nevada Law, the use of marijuana with a prescription for medical purposes is now legal.
And obtaining the drug through a state-authorized medical marijuana dispensary is not a crime. However, this does not spell the end of all potential legal problems for medical marijuana users. If not careful, medical marijuana users could find themselves charged with a DUI.
Nevada Revised Statute 484C.120(3)
Nevada Revised Statute 484C.120(3) states the following: It is unlawful for any person to drive or be in actual physical control of a commercial motor vehicle on a highway or on a premise to which the public has access with an amount of a prohibited substance in his or her blood or urine that is equal to or greater then: (g) Marijuana – 2 Nanograms per milliliter of blood and (h) Marijuana metabolite 5 Nanograms per milliliter of blood. Which means that a medical marijuana user who legally uses the substance to treat an illness could still face criminal charges if caught driving a vehicle while under the influence.
This issue is far from over...
This issue is far from over and is going to require a substantial amount of work in order to address all of the different concerns at play here. Obviously, the primary concern for law enforcement and prosecutors will be public safety. Many will argue that marijuana should be treated the same as any other prescription drug, which requires prosecutors to prove actual impairment to get a conviction. There is no automatic standard. Like many other o f the recent changes with DUI laws (the illegalities of forcible blood draws without a warrant), my guess is that Nevada courts will see extensive litigation on many of these issues before any definitive answers are reached.