Is Nevada Updating its DUI of Marijuana Law?

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    April 5 2021

    Is Nevada Updating its DUI of Marijuana Law?

    Legislators may update Nevada’s DUI of marijuana laws. Currently, a person can be convicted of driving under the influence of marijuana even if they are stopped by police long after they have consumed it. Below we will provide an overview of Nevada cannabis laws as well as the proposed changes. We will also provide tips on what to do if you are injured by a suspected impaired driver.

    We hope this discussion helps you understand how Nevada’s DUI of marijuana law affects you. If an impaired driver injures you, contact an experienced personal injury lawyer. A personal injury lawyer will help to protect your rights and ensure you receive maximum compensation. Don’t depend on insurance companies to support your best interests. Only an experienced car accident lawyer will fight for you so you get the best opportunity to win the compensation you deserve.

    Anthem Injury Lawyers has a dedicated team of lawyers and staff ready to help you with your personal injury case. You need our experienced Las Vegas personal injury lawyers to fight for your rights. Anthem Injury Lawyers knows how to aggressively go up against parties who will try to prevent you from receiving the compensation you deserve. With our car accident lawyers on your side, you’ll be in the best position to win your case. Don’t delay. Get our expert Las Vegas car accident lawyers working for you. Remember that insurance companies are not motivated to help you win significant compensation for your car accident. You need our knowledge, experience, and expertise to prevail in your Las Vegas car accident case. Now is the right time to contact us at (702) 857-6000 to make an appointment for a free consultation.

    Nevada Cannabis Laws

    Under Nevada Revised Statute (NRS) 678D.200, a person 21 years of age or older or holder of an adult-use cannabis establishment license is exempt from state prosecution for certain acts involving cannabis. Those certain acts include the following:

    • The possession, delivery or production of cannabis.
    • The possession or delivery of paraphernalia.
    • Aiding and abetting another in the possession, delivery or production of cannabis.
    • Aiding and abetting another in the possession or delivery of paraphernalia.
    • Any other criminal offense in which the possession, delivery or production of cannabis or the possession or delivery of paraphernalia is an element.

    There is an exception to the above statute. NRS 678D.300 provides acts for which persons 21 years of age or older or holder of an adult-use cannabis establishment license are not exempt from state prosecution. Notably, under NRS 678D.300, a person is not exempt from state prosecution for the following:

    • Driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of cannabis.

    Nevada DUI of Marijuana Law

    Under Nevada DUI laws, a person is under the influence of marijuana if:

    • the substance has impaired the driver’s ability to operate a motor vehicle safely, OR
    • the driver’s blood contains a certain amount of marijuana.

    NRS 484C.105

    NRS 484C.105 defines “under the influence.” “Under the influence” means the following:

    • Impaired to a degree that renders a person incapable of safely driving or exercising actual physical control of a vehicle.

    NRS 484C.110

    Under NRS 484C.110, it is unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on-premises to which the public has access with an amount of any of the following prohibited substances in his or her blood that is equal to or greater than:

    • Marijuana (delta-9-tetrahydrocannabinol), 2 blood nanograms per milliliter
    • Marijuana metabolite (11-OH-tetrahydrocannabinol), 5 blood nanograms per milliliter

    This means that under the current law, a driver does not necessarily have to be “high” or intoxicated to be charged with a DUI. If the driver’s blood contains the minimum prohibited amount while the driver is operating a vehicle, the law deems it “illegal per se.” It does not matter if the driver is driving safely.

    AB400

    Last month, an assemblyman presented AB400. AB400 revises provisions relating to prohibited acts concerning the use of marijuana and the operation of a vehicle. Notably, the bill makes the following changes:

    • The bill remove the prohibition against a person having specified amounts of marijuana or marijuana metabolite in his or her blood, thereby providing that a person who uses marijuana is subject to the general prohibition against driving or being in actual physical control of a vehicle or commercial motor vehicle on a highway or on premises to which the public has access or operating or being in actual physical control of a vessel under power or sail on the waters of this State if the person is under the influence of a controlled substance.

    Proponents of the bill say that cannabis is metabolized by the body differently than alcohol and the current law is a poor reflection of the actual impairment of a driver.

    Opponents claim that the bill would make it more difficult to prosecute individuals for being under the influence of marijuana.

    These proposed changes could have a significant impact on Nevada DUI of marijuana laws and how an individual proves a driver is impaired.

    What if You Suspect the Driver Who Caused Your Accident Is Impaired?

    The proposed changes are not law. The current DUI of marijuana laws still apply and marijuana-impaired drivers can cause accidents and injuries.

    What should you do if you have been injured in a car accident caused by a suspected impaired driver? Simple, follow the below steps:

    • Contact the authorities
    • Get medical treatment
    • Collect evidence from the scene
    • Get legal advice from a personal injury lawyer

    If you’ve been in an accident, contact the police and medical help immediately. If you suspect that the other driver was impaired, let the police know of your suspicions immediately. The police may administer a portable breath test to test if the driver is above the legal blood alcohol limit. The police may also administer a standardized field sobriety test. In some instances, a blood draw may be used. The police report and any test results can be important evidence in supporting your case.

    Once you’ve received medical care, contact Anthem Injury Lawyers for assistance with handling the details of your impaired driving accident case. Be sure to call us to schedule a free consultation. We have the experience, knowledge, and expertise you need, honed over twenty-five years of representing clients in Las Vegas car accident cases. Call (702) 857-6000.

    EXPERIENCED LAS VEGAS PERSONAL INJURY LAWYERS

    If you are injured by an impaired driver, you should speak to an experienced personal injury lawyer. They can help you determine what steps to take next.

    The law firm of Anthem Injury Lawyers has a dedicated team of personal injury lawyers and staff ready to help you. We have experience handling all types of accidents including car accidents, bicycle accidents, and bus accidents. Our experienced team knows what to do in these types of cases, and we’ll represent you, so your rights are protected. Some well-meaning people may advise that you don’t need a Las Vegas car accident lawyer. To ensure that you have the best opportunity to win maximum compensation for your injuries you need an expert legal team on your side. That is exactly what you’ll get with Anthem Injury Lawyers.

    You don’t need to worry if you can’t visit us at our Las Vegas area law firm. Our office is conveniently located in Henderson, Nevada. We can come to you in the Las Vegas vicinity if you are unable to visit our office. Now is the best time to get in touch with our Las Vegas personal injury lawyers. Contact us today at (702) 857-6000 to make an appointment for a free consultation.

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