Commentary: Nevada's per se and DUI laws with marijuana consumption – Elko Daily Free Press

{{featured_button_text}} .tnt-restrict-img-05403c92-c5ae-5361-a54e-5f1fd569db6f { max-width: 398px; } M.K. LEACH

Every state in the country has per se drunk driving laws that state any driver found to have a blood alcohol concentration of 0.08 or greater is guilty of driving under the influence. When someone is stopped on suspicion of drunk driving and records a 0.08 BAC on a breath test or blood test, they are found guilty of DUI.

Within the state of Nevada, one of the most common drug offenses involves the possession or consumption of marijuana — cannabis plays a common role in DUI investigations. After an arrest for driving under the influence, the arresting office may require a blood test if they believe marijuana consumption led to the driver’s impairment.

Nevada enacted a per se law for those arrested for DUI with marijuana or marijuana metabolites in their system. DUI laws in Nevada prohibit a driver from operating a motor vehicle with any detectible level of marijuana or a marijuana metabolite present in the blood above a specific threshold level.

The per se law’s intention with marijuana was to enact a similar statute to the alcohol per se statute. The new statute contains a list of controlled substances, including marijuana. The drug level is measured in nanograms with marijuana and marijuana metabolites in the urine and blood.

Under the per se law, even prescribed medical marijuana is prohibited, which has caused some debate. Yet, prescription drugs are often accompanied by warnings not to drive. Still, the argument surrounds individuals who use illegal drugs and do so to obtain a desired high and should not apply to medical marijuana users. The Nevada Supreme Court found these arguments sufficient. However, if

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