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QUESTION YOUR COPS: DRIVING WHILE STONED -- WHAT IS THE LAW?

INCLINE VILLAGE, Nev.  -- Below is a question from one of our readers, Bill, for this week's column:

I am not a "pot head," but if I have a medical marijuana card, what are the restrictions with driving? If I need to smoke marijuana for pain relief, how do I know when I can legally drive? Marijuana stays in your system for a while, so does this mean I can't drive for the day? What if I there is an emergency and have to get to the hospital or something like that? I am not the only one wondering the same thing.  Please help.  Thanks. 

Answer:

Bill, thanks very much for your excellent question about driving restrictions for people who use medical marijuana.  As you said, there are most likely others in the community who have the same question. 

Nevada's Medical Use of Marijuana laws were passed by the State Legislature in 2001.  The law allows a person to register with the state's Medical Marijuana Program through the Nevada State Health Division.  Obtaining a registry card through the State Health Division allows for the possession and use of a small amount ( one ounce or less ) of marijuana and a limited number of marijuana plants. 

However, NRS 453A.300 very clearly states that a person registered with the state's Medical Marijuana Program is not exempt from prosecution for all other laws that apply marijuana, including "driving, operating or controlling a vehicle or vessel under power or sail while under the influence of marijuana."

There is still much research under way about the impact of marijuana use.  Given all that we don't know, I would not take it upon myself to recommend when or even if you should drive after using marijuana for medicinal purposes.  NRS 454C.110 defines that it is unlawful for a person to drive with two nanograms per milliliter of marijuana in his/her blood, and/or ten nanograms per milliliter in urine.  It is important to remember, before you get behind the wheel, that you will be subject to prosecution for any legal violations even though you possess a Medical Marijuana Program registry card. 

The statute also prohibits other activities such as use in a public place and the physical possession of a firearm while under the influence. 

For emergencies, it may be worth your while to prearrange for a "designated driver" who can be available should you need immediate transportation to the hospital or some other location. 

I think this is a good time to remind our Incline residents that the Nevada Medical Marijuana Program cards are recognized only in Nevada.  They are not valid in California or any other state.  Nor are they recognized by the federal government.  The Nevada Supreme Court recently rejected an appeal by a California woman who claimed the Nevada marijuana law is unconstitutional because it interferes with her right to travel.  The Supreme Court says the law does not stop her from driving across Nevada.  It merely prohibits driving after testing positive for marijuana in the blood or urine. 

For more information about the state's Medical Marijuana Program, I suggest you visit the Nevada State Health Division online at www.health.nv.gov.