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The reclassification of marijuana in Nevada is drawing widespread attention after President Trump issued an executive order directing federal agencies to move marijuana from Schedule I to Schedule III under the federal Controlled Substances Act. News coverage has led many Las Vegas residents to assume marijuana is now fully legal at every level or that arrests and prosecutions will come to an end. That assumption can be dangerous.
For people living in or visiting Las Vegas, the reality is far more complex. Federal marijuana rescheduling does not override Nevada criminal law, and it does not prevent police from making arrests for marijuana-related offenses. At The Law Offices of Garrett T. Ogata, our Las Vegas criminal defense attorneys regularly advise clients who are surprised to learn that marijuana charges and marijuana DUIs remain very real risks despite shifting federal policy.
President Trump’s executive order directs federal agencies to begin the process of reclassifying marijuana under federal law. While this represents a significant shift in federal policy, it does not legalize marijuana nationwide or eliminate federal oversight.
For decades, marijuana was classified as a Schedule I drug. Schedule I substances are defined as having no accepted medical use and a high potential for abuse. This classification placed marijuana in the same category as heroin and LSD.
The executive order initiates a move to Schedule III. Schedule III substances are recognized as having accepted medical uses and a lower potential for abuse than Schedule I or II drugs. Examples of other Schedule III substances include ketamine and certain prescription medications.
This change reflects evolving views about marijuana, but it does not remove marijuana from the list of controlled substances or make its use unrestricted.
Schedule III status may expand opportunities for medical research and could ease certain federal restrictions on marijuana-related businesses. However, marijuana remains regulated under federal law, and unlicensed manufacturing, distribution, and possession are still illegal.
Federal criminal charges can still apply in certain situations, especially involving trafficking, interstate transport, or activity on federal property. For most individuals, federal rescheduling does not provide immunity from prosecution.
One of the most important points for Las Vegas residents to understand is that federal rescheduling does not replace or override Nevada marijuana laws.
Nevada allows recreational marijuana use for adults aged 21 and older. State law permits limited possession and use of marijuana, as well as sales through licensed dispensaries.
However, legalization comes with strict regulations. Nevada law controls how much marijuana a person may possess, where it may be consumed, and who may legally sell it. Violating these rules can still result in criminal charges, fines, or jail time.
Medical marijuana patients and licensed businesses are subject to additional regulations and compliance requirements. If you have found yourself charged with a marijuana related crime after the executive order, you need the help of a Las Vegas drug defense attorney.
Despite legalization, many marijuana-related activities remain illegal in Nevada. Underage possession is prohibited and can result in criminal penalties. Public use of marijuana is also illegal, including on the Las Vegas Strip, downtown, sidewalks, casinos, and hotel properties.
Unlicensed sales, large-scale distribution, and trafficking remain serious criminal offenses. Selling marijuana outside Nevada’s regulated system can lead to felony charges.
Federal rescheduling does not change these Nevada laws or how they are enforced.
Many people wonder whether the reclassification of marijuana in Nevada will reduce arrests or cause pending cases to be dismissed. In most situations, the impact on local enforcement is limited.
Las Vegas Metropolitan Police Department officers enforce Nevada law, not federal drug schedules. Marijuana arrests for public use, underage possession, illegal sales, and trafficking continue throughout Clark County.
Casinos and resort properties also maintain strict policies prohibiting marijuana use. Security personnel frequently involve law enforcement when violations occur, especially on the Strip and in downtown Las Vegas.
Pending cases are not automatically dismissed because of federal rescheduling. Courts continue to apply Nevada statutes when determining guilt and sentencing.
Driving under the influence of marijuana remains illegal in Nevada. Marijuana DUI laws are completely unaffected by federal rescheduling. Drivers can be arrested if officers believe marijuana impaired their ability to drive safely. Nevada also enforces specific THC limits that can lead to DUI charges even without obvious signs of impairment.
A marijuana DUI conviction can result in jail time, fines, license suspension, higher insurance rates, and a permanent criminal record.
If you are arrested or cited for a marijuana-related offense, do not assume the charge will be dropped because of federal policy changes. Statements made to police, roadside testing procedures, and search methods can all significantly affect your case.
Speaking with an experienced Las Vegas criminal defense lawyer as early as possible can help protect your rights and identify potential defenses before the case moves forward.
The effects of marijuana reclassification extend beyond criminal court. Certain areas of life remain heavily regulated by federal and state rules.
Nevada residents working in sensitive fields may face unique risks. Federal security clearances are governed by federal law, and marijuana use can still raise concerns despite rescheduling.
Nevada’s gaming industry is also highly regulated. Gaming licenses and employment in casinos may be affected by drug-related arrests or convictions, even for marijuana.
Medical professionals, commercial drivers, and other licensed workers may also face disciplinary action or employment consequences.
Under federal law, individuals who are “unlawful users” of controlled substances are prohibited from possessing or receiving firearms or ammunition, regardless of state legalization.
Marijuana remains illegal under federal law on all federal lands and in all federal facilities, including airports, national parks, and federal buildings. This means possession that is lawful under Nevada law can still lead to federal charges if it occurs on federal property or within areas under exclusive federal jurisdiction.
Because marijuana laws are layered and often misunderstood, many people wait too long to seek legal help. In reality, early representation can be critical.
You should consider calling a criminal defense lawyer if you are arrested, questioned, or investigated for any marijuana-related offense. This includes DUI stops, public use citations, underage possession, or allegations of illegal sales.
The Law Offices of Garrett T. Ogata represents clients facing marijuana and DUI charges throughout Las Vegas and Clark County. Our firm understands how Nevada marijuana laws intersect with federal policy and how local prosecutors pursue these cases.
We take a thorough and aggressive approach, including:
Federal marijuana rescheduling does not eliminate criminal liability in Nevada. If you or a loved one is facing marijuana charges or a DUI in Las Vegas, experienced legal representation can make a significant difference in the outcome of your case.
To learn how we can help protect your rights and your future, contact us today at (702) 366-0891 for a free, confidential consultation.
