Las Vegas DUI and Marijuana Laws
There is no exception for medical marijuana patients to avoid prosecution for DWI in Las Vegas, Nevada even absent any actual evidence of impaired driving if testing shows more than 2 nanograms of marijuana per milliliter or 5 nanograms of marijuana metabolite (a nanogram is a billionth of a gram, and a milliliter is 1/1000th of a liter).
This also is true if the person tests positive for Carboxy–Tetrahydrocannabinol (“Carboxy–THC”), a non-impairing metabolite of Cannabis. This is problematic for medical marijuana patients because Hydroxy-Tetrahydrocannabinol (“Hydroxy–THC”) does not exist in the blood for very long and is quickly converted to Carboxy–THC which can remain in a person’s body for as many as twenty-eight to thirty days after the ingestion of marijuana.
Two things to know: (1) this is a stricter standard than exists for cocaine or heroin (50 nanograms per milliliter of blood), methamphetamine (100 nanograms) or LSD (10 nanograms); and (2) medical marijuana is treated differently from prosecutions involving other prescription medications such as Percocet, Lortab or Oxycontin where actual impairment must be proved.
One of the most common drug charges in Las Vegas is possession and consumption of marijuana or DUI and marijuana. Driving under the influence of marijuana has the same harsh penalties as drunk driving does. And even if you are not technically under the influence of marijuana while driving, there is still a chance of being convicted if your blood or urine has sufficient traces of it.