You can be charged with a DUI in Nevada if you drive or are in actual physical control of a vehicle on a highway or on premises to which the public has access with an amount of marijuana in your blood or urine that is equal to or greater than:
Urine – Nanograms per milliliter Blood – Nanograms per milliliter
Marijuana 10 2
Marijuana metabolite 15 5
As you can see the levels are extremely low. This is a per se violation, so as long as you meet the above levels, you will be charged with a DUI. It is important to realize that a medical marijuana card does NOT protect you from a DUI. Do not bring up the fact that you are a medical marijuana patient to law enforcement, this may trigger them to begin a DUI investigation since the levels are so low. Never smoke in your car or possess your medicine or paraphernalia in the front of the car or in plain view. Do not give law enforcement a reason to think you have marijuana in your system.
Marijuana can stay in your system much longer than other prohibited substances, so even if you are not high you may be charged with a DUI. Take the time to write your representatives and urge them to remove marijuana from the prohibited substance DUI list or raise the amounts.
This is for informative purposes only. This does not create an attorney-client relationship.