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Can I go to jail for being high on pot in Nevada?

Posted by Neil Shouse | Apr 07, 2015 | 0 Comments

It depends on the circumstances.

In general, it is a crime in Nevada to be under the influence of marijuana. It does not matter whether any marijuana is found in the person's possession...merely being high is sufficient to invite prosecution and conviction. Nor does it matter if the person is at home...being high anywhere is illegal in Nevada.

The main exception concerns valid Nevada medical marijuana patients, who are allowed to take pot medicinally. However, even these patients are prohibited from doing the following activities while high:

  • driving
  • flying
  • boating
  • going on an amusement park ride
  • possessing a firearm

In addition, a person should not be convicted of being under the influence of marijuana in Nevada if the person did not knowingly smoke or otherwise ingest the pot. Therefore, a person who unwittingly ate a "pot brownie" is not liable for being high.

Being under the influence of marijuana in Nevada is a category E felony carrying 1 to 4 years in Nevada State Prison and maybe a $5,000 fine. However, judges typically grant probation for a first-time offense of being high on pot. Read more about Nevada marijuana laws and the Nevada crime of being under the influence of a controlled substance. Also read our articles: "Can growing pot be charged as trafficking in Nevada?"; and "Nevada Hemp Laws and Regulations."

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.

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