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.