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Las Vegas Criminal Defense Attorney – Marijuana laws


As of November 2016, Las Vegas marijuana law was changed drastically when Nevada residents voted to legalize recreational cannabis. Following in the footsteps of seven other states that also chose to legalize recreational cannabis, Nevada implemented regulations similar to existing regulations on alcohol. These include the following:

  • Citizens must be at least twenty-one years old to purchase marijuana and marijuana-based products.
  • Adults can be charged criminally if they give marijuana to minors
  • The charges for driving under the influence of cannabis in Nevada are just as severe as driving under the influence of alcohol.
  • Also similar to alcohol, citizens are permitted to drive with cannabis in their car, they just can’t be under the influence while driving.

Although some may disagree whether or not cannabis impairs one’s motor skills or judgment to the same degree as alcohol, it can still be celebrated as a step in the right direction, considering the Drug Enforcement Administration still puts cannabis in the same category as heroin and LSD.

How does federal law conflict with Nevada State law?

Speaking of the DEA, how does the new Las Vegas marijuana law relate to federal law? Federal law prohibits and contradicts state law that allows possession up to one ounce (1 oz.) of marijuana.  In addition, it is still illegal to bring it onto a plane, since airline companies are subject to federal law, and it will also remain illegal to sell cannabis without a license, as was the case with previous Las Vegas medical marijuana regulations.

How much Marijuana can you have in your possession?

With the new law in force, it is now legal to have in your possession up to one ounce (1 oz.) of marijuana. Pot cannot be used in public, but only in a private residence and for personal use. If you use marijuana in public, you can be charged with a misdemeanor and have to pay a fine of $600.

How much Marijuana can you grow?

Residents are permitted to grow up to six (6) recreational plants, but only if they are at least twenty-five miles away from a dispensary. Also, the use of marijuana is not allowed in public, not even bars or casinos; only private residences.

However, there are still many people all over Nevada who have been arrested within the state for crimes related to cannabis in the past, and they may be wondering what the new Las Vegas marijuana law means for them now.

What does Medical Marijuana law permit?

Las Vegas medical marijuana laws were passed in November of 2000, although this didn’t stop Las Vegas medical marijuana patients from being charged with unlawful possession of firearms due to federal law, even though according to state law, possessing cannabis is not illegal, and therefore doesn’t breach an individual’s right to protect their legally own property with firearms.

Marijuana in The Workplace

Another big concern for past arrestees would be employment opportunities – unfortunately, the new Las Vegas marijuana law – as well as the older Las Vegas medical marijuana law – doesn’t provide any protection from employers imposing drug tests on voluntary applicants, and employers still have the right to conduct background checks and either turn an applicant away or terminate an employee on the basis of marijuana-related reasons, even if its medicinal.

What are reasonable accommodations?

Employers are still required to make accommodations for employees with medical needs to the best of their ability, and must be able to prove the patient’s medical need to consume cannabis poses an “undue hardship” on them, such as a safety threat or if it prevents them from fulfilling their required job duties. “Undue hardship” is a somewhat ambiguous term, because every place of employment is different and therefore cases must be reviewed on an individual basis.

The Americans with Disabilities Act of 1990 mandates that employers must accommodate employees with disabilities as long as it does not cause undue hardship. The ADA, however, does not protect the use of illegal substances, and since the ADA was passed under federal law, this means medical marijuana patients are exempt from the protections provided by the bill.

Although the specifics surrounding Las Vegas marijuana law as well as Las Vegas medical marijuana law are somewhat muddled, it is not difficult to do the research and arm yourself with knowledge of the law in case you find yourself in trouble. It is also vitally important to know what attorneys in your area are the most qualified to defend your rights.

Our attorneys at Guymon & Hendron are experienced in Drug Crimes Defense and can help you get through a troubling time if you have been arrested on drug charges of any type. If you or a loved one have been arrested on drug charges, please contact our office online or call 702-758-5858 to arrange a free initial consultation.

 

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Gary L. Guymon, PC
And
Lance J. Hendron
Attorney At Law, LLC
Association of Professional Corporations

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