How Legal Weed Will Influence Nevada's Drugged Driving Laws

How Will Legal Weed Influence Nevada's Drugged Driving Laws

In Nevada, you can be found guilty of “driving under the influence” just for having a certain level of marijuana in your system. In fact, it’s against the law to drive with virtually any marijuana metabolites in your blood or urine – even if they’re inactive.

What does this mean for recreational cannabis users looking to light up in Nevada?

By law, this means you don’t have to actually be “under the influence” of marijuana to get a marijuana DUI. You could face penalties if police ask for a blood test and find traces of marijuana in your bloodstream – regardless of your ability to drive. However, it’s unlikely the police will ask for a blood test unless they notice other signs of impairment.

Nevada Drugged Driving Law: § 484.397(3)

Drugged driving is a per se offense, which means impairment doesn’t actually determine your guilt or innocence. It’s the presence of marijuana in your blood or urine that makes operating a vehicle illegal. According to § 484.397(3), the following amounts of marijuana and marijuana metabolites constitute drugged driving:

  • Marijuana - 10 ng/ml (urine), 2 ng/ml (blood)
  • Marijuana Metabolites - 15 ng/ml (urine), 5 ng/ml (blood)

What Are The Penalties For A Marijuana Dui In Nevada?

Your first offense is a misdemeanor, punishable by a mandatory educational course in drug and alcohol abuse. You could face jail, community service, and fines for your first offense too. Your second offense is also a misdemeanor. However, you can face a longer jail sentence, additional community service, and mandatory drug / alcohol treatment. Unlike first and second offenses, your third drugged driving charge is a Class B felony. This means you could face up to six years in prison and no less than $2,000 in fines if convicted.

If you’ve been arrested for drugged driving in Reno, contact a criminal defense attorney from Joey Gilbert Law today.


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