Joey Gilbert Law Attorney Discusses Nevada's Marijuana DUI Law With News 4

As trends would lead us to believe, marijuana is here to stay. With more medical marijuana programs throughout the country and more states pushing to legalize pot, its clear many Americans are making their voices heard. Although some states are decriminalizing or even legalizing weed, there are still concerns over how it should be used responsibly, especially when it comes to driving.

Chief among concerns over driving under the influence of marijuana is determining when a person can be considered too high to drive. Many marijuana DUI laws enacted across the country have been criticized for being arbitrary, and researchers are still struggling to reconcile differences in how pot affects different people and their driving abilities, and how law enforcement officers can accurately determine when a driver is under the influence to the point of being impaired. Still, laws must be passed.

In Nevada, a lot of people are familiar with laws regarding driving under the influence of alcohol, but that’s not always the case when it comes to marijuana DUIs. Joey Gilbert Law Attorney John Stephenson recently shared his insight on the subject with News 4. Attorney Stephenson and our team have seen more marijuana DUIs in Reno and across the state, and believe it’s important for people to know the facts:

  • The legal limit under Nevada law is 2 nanograms of marijuana per milliliter of blood (2ng/mL).
  • The legal limit applies only to individuals who have valid medical marijuana prescriptions. Those without prescriptions stopped for marijuana DUI can face license penalties and / or face misdemeanor charges.
  • Certain certified law enforcement officers can test drivers for the presence of pot by testing oral samples using the Draeger Drug Test 5000 machine. However, the machine only indicates the presence of marijuana, not how much is in a person’s system. That will require a blood or urine test after a field test.
  • Nevada Drivers have the right to refuse submitting an oral sample, unlike breathalyzer tests. Still, officers have the right to make arrests if they suspect a driver is too impaired to drive. Although oral samples can be refused, refusing a blood test carries immediate penalties, including an automatic license suspension.

The problem with the legal limit of 2ng of marijuana per mL of blood, as Attorney Stephenson explains, is that everyone processes pot differently, so it’s not clear how long a person should wait after using marijuana before getting behind the wheel. It also makes it difficult to determine how much pot would lead to a DUI.

While questions remain and more research is conducted, the trend of marijuana use increases. As such, law enforcement officers are on high alert for motorists driving under the influence of pot, and more arrests are expected. If you or someone you love has been arrested for marijuana DUI in Reno, Sparks, or the surrounding areas of Nevada, be aware that this is still a conflicting area of law, and that you have the right to challenge the government’s case against you with the help of an experienced lawyer!

Contact Joey Gilbert Law today for a FREE consultation. We’re available 24/7.


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