Recreational and medical marijuana are now legal in Nevada, but there are many things to take into consideration in order to remain under legal parameters.
Who Can Buy Marijuana?
As of January 1, 2017, recreational marijuana use is legal for adults 21 years of age and older. Medical marijuana can be purchased by people 18 years and older with a valid medical marijuana card issued from the state of Nevada or any other state.
Marijuanais legally permitted to be sold in increment of up to 1 ounce of cannabis or 1/8 an ounce of concentrate at a time to adults who are at least 21 years old. It is currently being discussed as to when recreational medical marijuana dispensaries will be allowed to open. Medical marijuana patients can buy up to 2.5 ounces of useable marijuana from a dispensary within a 14-day period.
Where Can You Consume Marijuana?
Marijuana use in public is still illegal therefore requiring it to only be used privately, such as within your home. Marijuana use is typically not allowed in hotels or casinos either. Smoking or consuming marijuana in public risks punishment by a fine and/or misdemeanor charges.
Driving Under The Influence Of Marijuana
As with alcohol, driving while under the influence of marijuana will continue to be illegal. Determination of driving under the influence will be made through a field sobriety test, urine sample or blood test. According to Nevada Revised Statutes 484C.110, driving under the influence is considered when a driver has ingested marijuana “to a degree which renders the driver incapable of safely driving or exercising actual physical control of a vehicle.” Under the NRS, legal limits for driving after marijuana use determined by a urine sample are 10 nanograms per milliliter (ng/mL) of marijuana or 15 ng/mL of marijuana metabolite. Legal limits from a blood test are 2 ng/mL of marijuana or 5 ng/mL of marijuana metabolite.
Transporting marijuana in a vehicle requires that the cannabis be properly stored in a sealed container away from the driver or any minor passengers. It remains illegal to take marijuana across state lines, even if your destination is within a state that has also legalized recreational marijuana use. Each individual state has its own marijuana regulations. It is also illegal to ship marijuana via a mail or package delivery service.
Using A Firearm Under The Influence of Marijuana
According to Nevada statutes (NRS202.360), a person shall not own or have in their possession or under their custody or control any firearm if that person is an unlawful user of, or addicted to, any controlled substance. The Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) prohibits sales or ownership of firearms or ammunition to any person believed to be an unlawful user of a controlled substance. Marijuana is considered a Schedule I controlled substance. Federal law has now created conflict between the constitutional rights to bear arms and those to lawfully use marijuana.
For patients with medical marijuana cards, a bill was introduced in March of 2017, which states that a person with a person with a valid medical marijuana card would not be considered “an unlawful user of, or addicted to, a controlled substance solely because the person engages in the medical use of marijuana.” If passed, Senate Bill 351 would allow medical marijuana patients to legally possess firearms and a conceal and carry permit.
For knowledgeable legal assistance concerning the correlation between your right to bear arms and your right to legal marijuana, contact the legal experts at CEGA CRIMINAL LAW, Inc. today at 702-358-1138.
CEGA CRIMINAL LAW, Inc.
1428 South Jones Blvd Las Vegas, NV 89146