Posted by: Henness & Haight Team

Nevada voters legalized the recreational use of marijuana in 2016 with the passing of Question 2, which was officially enacted on Jan. 1, 2017. Nevada Highway Patrol (NHP) has warned drivers that using marijuana before operating a vehicle will be penalized as a DUI charge.

The NHP has stated that it views drivers who are under the influence of marijuana to be at the same risk of impairment as those who have consumed alcohol. The state law enforcement agency stated that people are often unaware of their own level of impairment after smoking marijuana, which jeopardizes the safety of everyone on the road.

The NHP and other state law enforcement agencies have updated officer training to identify the signs of an individual who is driving under the influence of marijuana. An officer who suspects that a driver is under the influence may conduct the following procedures after stopping the vehicle:

  • Administer field sobriety tests.
  • Determine the level of impairment based on observations of the suspect’s driving patterns, the behavior of the suspect while detained, and the results of the field sobriety tests.
  • Submit the driver to a blood test if he or she is suspected of driving while impaired by marijuana based on the observations and results of the field sobriety tests.

Nevada’s law states that a driver who tests positive for two nanograms of THC is to be charged with a DUI. However, two nanograms of THC may be different in each person, depending on the individual’s level of tolerance to the drug.

Although marijuana is legal, driving while impaired is still a dangerous practice that should not be normalized. Being injured or losing a loved one to a driver who is under the influence of drugs or alcohol is an avoidable tragedy.

Our Las Vegas car accident attorneys will help you file a claim that could lead to compensation by holding the at-fault party accountable. Schedule a free consultation with our contingency fee-based attorneys to review your claim.