Where Is It Legal to Consume Cannabis in Las Vegas?

Written by: The Law Offices of Garrett T. Ogata

Las Vegas has always had a reputation for its open policies on activities that are widely considered controversial. From legalizing gambling in 1931 to allowing the recreational use of marijuana in 2017, Nevada’s laws have attracted droves of gambling enthusiasts and entertainment seekers over the years. But while consuming cannabis is legal in Sin City, there are some restrictions on where you can do so.

Were you arrested or charged with consuming marijuana in Nevada? Contact The Law Offices of Garett T. Ogata. Our Las Vegas criminal defense attorneys understand how stressful it is to be charged with a drug crime. That is why we will aggressively defend your rights and get you the best outcome possible. Call (702) 366-0891 today to schedule a free initial consultation.

Nevada’s Cannabis Laws

The medical use of marijuana was legalized in Nevada with the passage of Assembly Bill 453, which took effect on October 1, 2001. However, it took more than 15 years for the state to legalize the recreational use of marijuana. Nevada passed the Initiative to Regulate and Tax Marijuana on November 8, 2016, making the purchase, possession, and consumption of up to one ounce of marijuana legal by those over the age of 21. Individuals are also permitted to have up to 3.5 grams of cannabis concentrates or hash.

Where Can You Consume Marijuana in Las Vegas?

In Nevada, you can only consume marijuana on private property. It is illegal to smoke or consume cannabis in public, in a vehicle, or on federal land. It is also against the law to smoke marijuana in a hotel room, as hotel accommodations in Las Vegas are not considered private residences. 

Since the consumption of cannabis remains to be completely legalized at both the state and federal levels, casinos are vigilant in making sure patrons are not consuming marijuana on their premises, as allowing its use could result in the loss of their gambling licenses.

Nevada’s Penalties for Consuming Cannabis

Possession or use of cannabis in public is a misdemeanor offense, punishable by a fine of up to $1,000 and a maximum of six months in jail.

Those under 21 years old who are caught possessing one ounce or less of cannabis face a misdemeanor conviction, punishable by community service.

Is it Illegal to Drive While Under the Influence of Marijuana in Nevada?

While the consumption of marijuana is legal in Las Vegas, motorists are not allowed to operate their vehicles while under the influence of the substance. Under Nevada law, a driver can be arrested and charged with DUI if the consumption of cannabis has impaired their ability to drive safely. This is also the case when a driver is found to be impaired as a result of prescription medication or any other controlled substance.

What is the Legal Limit for Driving Under the Influence of Cannabis?

Under Nevada law, a motorist is considered to be under the influence of marijuana when:

  • The consumption of cannabis has impaired the driver’s ability to operate a motor vehicle safely; or
  • The person’s blood contains either:
    • 2 nanograms per ml. of marijuana; or
    • 5 nanograms per ml. of marijuana metabolite

What Are the Penalties for Driving Under the Influence of Marijuana?

The penalties for a first-time conviction for driving under the influence of cannabis can include the following:

  • 48 hours to 6 months in jail
  • 24 to 96 hours of community service
  • Nevada DUI School 
  • Fines of anywhere from $400 to $1,000 
  • Court costs
  • Nevada Victim Impact Panel
  • A six-month driver’s license suspension 

Facing Marijuana Charges in Las Vegas? 

If you plan on smoking or consuming marijuana while in Las Vegas, it is important to understand Nevada’s marijuana laws. The state’s legislation does set forth certain restrictions, such as how much cannabis you can possess and where you are allowed to consume it. Failing to adhere to these rules can result in criminal charges and harsh penalties.

If you would like more information about Nevada’s cannabis laws or are facing marijuana-related charges, contact The Law Offices of Garrett T. Ogata. Our team of leading criminal defense lawyers in Las Vegas can explain the state’s laws and your rights and fight to have your charges reduced or even dismissed. Schedule a free, confidential case review to learn more about how our legal team can help. Contact us online or call (702) 366-0891 today.

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