To translate: What would happen if you're caught smoking marijuana in your car by an LVMPD bicycle patrolman?
Up until a few years ago, Nevada’s marijuana laws were the strictest in the nation (the political contention being, presumably, that marijuana interfered or competed with gambling). Throughout the 20th century, possession of any marijuana at all in Nevada was a felony, punishable by a mandatory prison term of at least a year and a fine of up to $5,000.
Of course, such penalties were rarely imposed, thanks to the enduring brilliance of the American jury system; late 20th-century Nevada juries simply would not sentence otherwise law-abiding citizens to such harsh penalties for the crime of having a hit or two of wacky weed. Thus, district attorneys wouldn’t charge offenders with the felony, opting instead to reduce it to a misdemeanor and impose a small fine. Indeed, in 2000, nearly 4,500 people were arrested for felony possession of marijuana in Nevada, but in virtually every case, offenders pleaded out to misdemeanors and paid fines. It was such a common practice that one lawyer said he charged $1,500, the same as for an uncontested divorce, to arrange the plea bargain. Also in 2000, no inmate in the Nevada prison system was serving time for mere possession of marijuana.
In addition, the use of marijuana for medical reasons (having been shown to be ameliorative of everything from chemotherapy nausea to rheumatoid arthritis, from glaucoma to Alzheimer's) further muddied the legal waters. And in November 2000, 65% of Nevada voters approved Question 9, which amended Nevada’s constitution to recognize the medical use of marijuana. It removed state-level criminal penalties on the use, possession, and cultivation of marijuana by patients who have written documentation from their physician that marijuana may alleviate his or her condition.
Finally, in 2001, state legislators passed a law making possession of less than an ounce of marijuana a misdemeanor.
So where does that leave the poor sap who’s careless enough to get busted for smoking in a car in Las Vegas?
Today, people caught with less than 28 grams (one ounce) of pot are either cited -- issued a ticket, similar to a speeding violation -- and face fines of $600, or they’re arrested, depending on the circumstances. If arrested, offenders are generally given a Class 2 booking, meaning they’re hauled off to jail, booked and fingerprinted, then sent on their way with no bail required. They too, however, are liable for no more than the $600 fine, unless they're slapped with additional charges stemming from the arrest.
The key phrase here, as in many cases, is "depending on the circumstances." One of the circumstances, certainly, has to do with the car. Usually, if the car owner isn’t stoned, police confiscate the pot and issue the citation. State troopers also carry cards that they can hand out with telephone numbers of organizations that help people with drug problems.
But if you’re caught operating a motor vehicle while smoking pot, you might be in for a more serious law-enforcement experience. Drivers under the influence are arrested, just like any other intoxicated driver. In the case of marijuana, intoxication equates with two nanograms of marijuana metabolite per milliliter of blood. If you’re tried and convicted of DUI for either alcohol or a controlled substance, you can be sentenced to serve from two to 12 years in prison.
In addition, most Nevada cops and judges still don't have much patience for the users of drugs, and that includes marijuana. The long anti-drug political and judicial climate, imposed by the casinos, is dying hard. The bottom line? Don’t get caught smoking pot in a car in Nevada.
