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Nevada District Attorney Wants To Change Marijuana DUI Laws


driving marijuana dui duiiPer se marijuana DUI laws fly in the face of science. Marijuana can stay in someone’s system for over a month. So if someone is pulled over and it’s determined that there is marijuana in their system, in no way does that automatically mean that they were under the influence when they were operating the motor vehicle. All it means is that the person consumed marijuana at least once in the last month. DUI laws involving marijuana need to be impairment based. There needs to be additional evidence that someone was stoned behind the wheel.

Nevada’s medical marijuana industry is about to get off the ground. This has resulted in at least one Nevada District Attorney calling for reformed DUI laws. Per the Review Journal:

County District Attorney Steve Wolfson has joined a growing list of lawmakers, prosecutors and advocates saying state DUI marijuana law needs review at the 2015 Legislature to have some standard of impairment beyond a blood test.

“Everybody recognizes there needs to be a review of the law with regard to driving under the influence of marijuana,” Wolfson said. “Right now, the law is vague with regard to whether a person has ingested marijuana and whether that by itself means the person is impaired.”

Nevada is one of six states that have a per se limit for THC concentration in the blood, while 11 states have zero-tolerance laws for THC. In Nevada, the limit is 2 nanograms per milliliter of blood, or two parts per billion.

I don’t think I’ve had less than 2 nanograms per milliliter of blood since the mid 90’s. As I’m writing this article right now before I head to work, I haven’t consumed any marijuana since last night and I’m in no way intoxicated. However, if I was pulled over in Nevada right now I would be convicted of DUI. That’s just plain wrong.


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Johnny Green


  1. Cannabis driving studies have demonstrated time and again that weed makes you a more careful driver. Wouldn’t that make that influence the kind you should be driving under, DUI?

  2. What can we expect from lawmakers? The research they are basing laws on has been limited by the very same government restricting the research and writing the laws. The circle of ignorance is blinding. Its like they are doing the curly shuffle, one step forward, 3 to the side and two steps back.
    Woo woo woo woo woo woo woo woo woo woo, nyuk nyuk nyuk nyuk. (bonk) Ooh!

  3. It’s bad enough when I read outsiders confusing metabolites with active THC, can’t we at least get it right? There are at least a dozen THC analogues. Nevada’s law is testing for active THC in the blood. While there are good reasons to argue that 2 ng/ml is way too low, the claim that active THC persists in the blood for weeks or months isn’t one of those reasons because it just plain isn’t true.

    What persists in the fatty tissues for such ca long time is an inert metabolite called 11-nor-9-carboxy-Δ9-tetrahydrocannnabinol or THC-cooh for brevity. THC-cooh is to getting high as a candy bar wrapper is to a candy bar. If you find a discarded candy bar wrapper it’s safe to presume that it once contained a candy bar, but it isn’t going to cure a sweet tooth. Likewise THC-cooh isn’t going to get you high.

    But arguing over constituent particles per unit of measure isn’t productive. If we demand that there be an individual test for each and every substance on the naughty lists how long will it be before the cops have to have their patrol cars drag a utility trailer to carry all those test kits?

  4. 2 NANOGRAMS? JESUS, that’s UNBELIEVABLE! AZ had a 5 nannogram limit that was just ruled Unconstitutional by the Supreme Court in AZ! The judge said you can’t charge someone with DUI for something they may have done a month ago. As well as the fact that they’re using the count of “INACTIVE Metabolites” of THC in one’s system. It also became a problem cuz we have 3 States surrounding AZ that have Medical Marijuana laws at the very least. How do you charge someone with a crime in AZ for something that is NOT a crime in THEIR State and they’re just passing through AZ? They actually may have done it 3 weeks earlier while they were IN their State. These 5ng or 2ng limit laws are not only unfair, they’re UNCONSTITUTIONAL!

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