Medical Marijuana Approval On The Rise; Staying Legal in Nevada and California

Posted By staff || 20-May-2012

Delaware recently became the 16th state in the country to legalize marijuana use for limited medical purposes, The News Journal reports.

While this is good news for those with cancer, HIV/AIDS, multiple sclerosis and other debilitating diseases, everyone should know that despite having a medical marijuana card in California, Nevada or elsewhere, law enforcement may use it against you in a DUI traffic stop. If you are caught in such a situation, you will need an experienced Reno criminal defense attorney who can assist you in sorting out the facts of the case in front of a judge.

While Nevada has had a similar law on the books for a decade now, patients should understand that the medical marijuana law does not protect a patient who uses their medicine while driving or operating a boat. Nor does the law allow you to medicate in any place exposed to public view.

Even if you haven’t legally smoked marijuana that day, you could still be stopped by law enforcement and possibly even arrested for driving under the influence. Nevada DUI laws provide for harsh penalties, even jail time and a driver’s license suspension for DUI.

An officer may say he or she smells marijuana coming from the vehicle. Even if the driver smoked marijuana hours ago, he or she may still be blamed for operating under the influence. Additionally, those with permission to consumer medical marijuana in Nevada may still find themselves afoul of the law in California, or vice versa.

But your trouble may not even get to the road. Nevada casinos have begun taking a hard-line stance against patrons possessing marijuana and other drugs. Security and bouncers at various night clubs have become more aggressive in checking patrons who re-enter clubs, especially at Harrah’s Lake Tahoe.

While having a minor amount of marijuana may seem like no big deal, you could be in for an uphill battle in court, which is why choosing the right Lake Tahoe criminal defense attorney is important. Even a first offense for possession of a controlled substance can be punished by jail or prison time and stiff fines.

Joey Gilbert & Associates, Ltd. criminal defense team works extensively representing clients dealing with criminal charges of casino/resort properties in Reno and Lake Tahoe, including the Eldorado Hotel Casino, Silvery Legacy Hotel Casino, Peppermill Hotel Casino, EDGE Nightclub, The Freight House District as well as Silver Peak and Imperial Lounge downtown.

If you are facing charges in Reno or Lake Tahoe, contact Joey Gilbert & Associates, Ltd to discuss your rights. Call (775) 574-4774

Categories: Criminal Defense
Blog Home