Nevada Gov. Steve Sisolak recently signed Assembly Bill 158, Assembly Bill 341, and Assembly Bill 400 into law. AB 158 reduces the marijuana possession penalties for minors, AB 341 legalizes cannabis consumption lounges, and AB 400 amends the state’s “per se” driving limits for cannabis,.
Assembly Bill 158
A first offense for minor in simple possession of marijuana—a maximum of one (1) ounce—and falsely representing oneself as a 21-year-old to obtain pot are punishable by community service. Under current law, such marijuana-related offenses involving minors are misdemeanors, which carry a jail sentence of up to six (6) months and/or a fine no more than $1,000.
Furthermore, courts are required to automatically seal criminal records for offenders, so long as they complete the terms and conditions of their sentence. AB 158 becomes effective on October 1, 2021.
Assembly Bill 341
This law creates marijuana lounges where it is legal to consume cannabis in public on-site. Under current law, a person who is 21 years old can consume marijuana on private property, so long as the property owner consents to cannabis use. However, smoking in hotel rooms, vehicles, or a public space is off limits.
Assembly Bill 400
This legislation amends Nevada’s traffic safety laws, so that driving a vehicle with trace amounts of either THC or its metabolite is no longer considered a “per se” traffic violation—or a DUI—in certain situations. Currently, you can be charged with a DUI for small levels of THC is found in the urine or blood, even if you do not appear to be impaired or not.
Marijuana is known to remain in a person’s system for as long as two (2) weeks. So, for example, if a person consumed marijuana a week ago and is not under the influence when he is driving, if THC or metabolites appear on a test, the driver can still be found guilty of DUI in Nevada under current law.
AB 400 revises per se law by eliminating the application of those limits in cases where the violation is a misdemeanor. In contrast, if the marijuana-related DUI is a felony offense, then any trace amounts of marijuana can lead to criminal charges.
AB 400 takes effect on July 1, 2022.