DUI of Marijuana in Nevada


Marijuana DUI

It is important to know that even though it is now legal to use marijuana for recreational purposes in Nevada, it is still a crime to drive under the influence of marijuana. It is treated the same as a regular DUI of alcohol.

First offence penalties can include:

  • 2 days to 6 months in jail or community service
  • DUI School
  • $400-$1,000 in fines
  • Nevada Victim Impact Panel;
  • Driver’s license suspended for 90 days (restricted license might be granted after 45 days)
  • a stay-out-of-trouble order while the case is open (meaning the driver may not get any further arrests).

Nevada DUI laws define a person as under the influence of marijuana if:

  1. the substance has impaired the driver's ability to operate a motor vehicle safely, OR
  2. the driver's blood contains 2 nanograms per ml. of marijuana (delta-9-tetrahydrocannabinol) or 5 nanograms per ml. of marijuana metabolite (11-OH-tetrahydrocannabinol). The police will have to have drawn blood to detect these levels.  It is not possible through a breathalyzer.

A marijuana DUI charge can be difficult for the prosecutor to prove. We might be able to get the charges reduced to reckless driving or dismissed completely. Otherwise, a Marijuana DUI conviction will remain on record for at least 7 years before it can be sealed.

Call the Law Office of Darren Weiss, PLLC at 702-899-8989 to discuss your Marijuana DUI case.

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