Legal Tips for Medical Marijuana Patients

Nevada’s medical marijuana industry is slowly gaining traction and we should discuss some legal tips for patients. There are now somewhere between 15,000 to 20,000 medical marijuana patient card holders in Nevada’s medical marijuana program. In addition to state patients, Nevada’s law allows dispensaries to sell medical marijuana to out of state patients.

While at first glance, it may appear that it is a straightforward system – you get a card and you can buy medical marijuana, this industry is highly regulated and there are several laws and regulations that must be followed. Furthermore, if a patient does not abide by Nevada’s medical marijuana laws, the patient could be charged with a crime.

Therefore, it is a critical that a patient knows his or her rights. Here are some tips for medical marijuana patients in Nevada (and those out of state patients that are visiting):

•         Do NOT use in a public place

It is against the law to use your medicine in a public place. If you do, you could be charged with a crime. It is important to know that hotels can charge a clean up fee if an individual uses his or her medicine in the room and those clean up fees can be expensive.

•         Do NOT possess more than 2.5 ounces of marijuana

State law allows a patient to possess up to 2.5 ounces of marijuana. With regards to purchasing product, a patient can purchase 2.5 ounces of marijuana every 14 days.

•         Do NOT drive while under the influence of your medicine

Driving under the influence is a crime that could be a felony. Therefore, you should not drive after using your medicine. Nevada’s DUI laws with regards to marijuana simply test for presence of marijuana in the blood so arguably a patient could not be impaired but still test positive. A patient should become familiar with the DUI laws to protect his or herself from charges.

•         Do NOT consent to a warrantless search of your home, car, or person and Insist that your attorney be present before answering ANY questions.  

It is important to protect your rights. Having an attorney present prior to searches or interrogations is a great way to make sure your rights are protected. By law, you do not have to consent to a search. Law enforcement is required to obtain a warrant – make them do their jobs.

As a patient it is important to know your rights. Marijuana remains federally illegal and is illegal except for medical marijuana in Nevada. Contact an attorney if you have questions regarding your rights as a patient.

By: Amanda Connor

Connor & Connor, PLCC