21 May If Marijuana Is Legal In Las Vegas, Can I Be Arrested?
Marijuana was made legal for recreational use in Las Vegas last year, with Nevada passing a law that allowed for possession and sale of marijuana under regulated circumstances state-wide. There are many regulations that come into play with regards to sale, possession and use within Las Vegas, but ultimately it is now legal to sell through dispensaries and legal to have on your person. You are allowed to smoke and use it within a private residence, and as of May 1 the Las Vegas city council approved it’s use within regulated lounges that fit certain specifics. Although they are not yet operational, lounges will need to be operated by a dispensary, not be within a specific distance of a school or casino, not allow delivery and cannot sell marijuana. Customers will be able to go to the lounge to use marijuana that they bring themselves, and they will be able to purchase paraphernalia at the location. Naturally, they will not be able to be observed by the public in areas where customers are using marijuana. The current situation is that you can only use marijuana in your home or the residence of a friend, with no public use allowed. This creates issues for tourists who are not allowed to smoke in casinos or hotel rooms, but these issues will soon be a thing of the past.
So what can you get arrested for in Nevada if marijuana is legal? Basically anything that is outside of the very specific regulations that the law states. You are not allowed to sell your own marijuana unless you operate a licensed dispensary. You are not allowed to grow your own marijuana except under specific regulations. You are not allowed to possess more than an ounce unless you carry a medical card (thin you can have up to two ounces.) Even though the dispensaries will sell you up to one ounce each time you go in, if you are trying to stock up and are going to different dispensaries to buy an ounce at a time you could easily get arrested for trafficking. Having more than an ounce on your person or in your home is outside the law. The biggest issues with arrests are actually happening with regards to DUI.
If you have been smoking within the last week, there is a possibility that you could test positive for marijuana, and be arrested for DUI. While there are very specific regulations regarding alcohol in your blood stream, marijuana will have a very different effect on each person and can ultimately stay in your system far longer than the time when you actually feel high. This creates an issue for DUI arrests, which ultimately fall under the scope of “driving under the influence” of a substance that can impair you. Marijuana DUI is not widely understood, and the amount of marijuana that is allowed to by in your system while you are operating a motor vehicle is very small. For this reason, it is important if you have been arrested for marijuana DUI to contact us immediately, before answering any questions. If you have been smoking marijuana within 24 hours of being pulled over, answer no questions about it and refuse any roadside tests.