When it comes to recreational marijuana, local authorities don't even want to speculate about how it will be policed. Or, as a spokeswoman with the Las Vegas Metro put it, "We'll have to wait and see if it passes first."
As far as medicinal-marijuana users with proper I.D. are concerned, the Metro representative didn't think marijuana in the bloodstream would stand in the way of a Clark County employment card. "I don't see why not … if it's legal, it's legal." She added that the work card would indicate that its holder is a medical-marijuana user. Clarifies attorney Riana Durrett, "the limit on medical marijuana possession is 2.5 ounces every 14 days, but there is no limit on how much can be in your system at any time."
It was even more clear-cut at the Southern Nevada Health District. "That's not even asked," said the SNHD's Jennifer Sizemore. "They take a test online to test knowledge of food safety and that's the process for getting a food-handler safety card."
TAM of Nevada, which licenses bartenders and tobacco salespeople, uses a certification procedure similar to the SNHD's, although one has the option of either classroom or online training. TAM cards are issued upon completion of a supervised exam. General Manager Sherry Cunningham said, "this is more of a training [establishment]. That's not our responsibility and those questions, that's more of an employer-type question than a question in which we would be involved." She likened TAM's function to that of the SNHD.
Some clue as to how Nevada might administer legal use of recreational pot may be gleaned from states like Colorado, where – if THC is present in the bloodstream at quantities of 5ng/ml or higher – "such fact gives rise to permissible inference that the defendant was under the influence." The refusal of a test can cause the loss of your driver's license for one year. "The fact that any person charged is or has been entitled to use one or more drugs under the laws of this state, including, but not limited to, the legal or medical use of marijuana shall not constitute a defense against any charge of violating this subsection," it is clearly specified.
First-offense DUI or DUI per se by a "habitual user," will land the offender a minimum of five days in the county jail, up a maximum one-year sentence, plus a fine and community service. Courts have the option of imposing two years' probation.
If you are deemed to be merely "ability impaired," the penalties are considerably more lenient: between two and 180 days in the county jail, a fine of between $200 and $500, plus community service. Again, two years' probation is the discretionary sentence. However, for repeat offenders, the penalties become stiffer: For a third or subsequent offense, you’re looking at a mandatory minimum prison sentence of sixty consecutive days, up to a maximum of one year; mandatory participation in a court-ordered alcohol and drug-driving safety education or treatment program; a fine of at least six hundred dollars, up to $1,500; a minimum of forty-eight hours and maximum of one hundred twenty hours of useful public service; and a period of probation of at least two years. (Visit NORML.org/legal/item/colorado-drugged-driving for more details and analysis/explanation of Colorado's current laws pertaining to marijuana use and DUI, including specific case studies and legal precedents.)
The Nevada ballot initiative, Question 2, would legalize the possession of one ounce or less of marijuana for people 21 and over. Pot sales would be taxed, with the proceeds of the levy being used to fund education. But what of the practical implications of legalization, as your question touches upon? Come back tomorrow and we'll guide you through the legal minefield, or at least provide you with a road map that includes some salient markers but cannot pretend to offer a definitive route at this juncture.
