Can Nevada "medical marijuana" patients drive in Nevada?

Posted by Neil Shouse | Jan 21, 2015 | 0 Comments

Yes, as long as the person is not driving impaired or with 2 or more nanograms per milliliter of marijuana in his/her blood.

Nevada has a medical marijuana program whereby qualified patients can apply for the privilege of keeping up to two and one-half ounces of usable marijuana total in any 14-day period. These medical marijuana cardholders are allowed to drive as long as they have a valid license, but they still have to abide by the same Nevada driving standards as non-medical marijuana cardholders. It is considered a DUI in Nevada for a person to drive while either:

  • impaired by medical marijuana, or
  • with a blood alcohol content of 2 or more nanograms per milliliter

If someone is pulled over for driving with too much medical marijuana in his/her system or while impaired by marijuana, he/she faces charges for the Nevada crime of DUI with medical marijuana. It does not matter whether the person has a valid medical marijuana card and has been a model patient. Driving under the influence of marijuana is a crime irrespective of whether the driver can legally possess marijuana.

The penalties for driving while high from medical marijuana or with too much medical marijuana in the blood are the same as those for DUI with alcohol. A first-time offense typically carries a fine, a DUI class, a victim impact panel class, a suspended jail sentence, and a 3-month driver's license suspension.

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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