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Posted by: LV Criminal Defense on 05/23/2017

What You Must Know About Nevada's Marijuana Laws

What You Must Know About Nevada's Marijuana Laws

The bright lights and glitz of Las Vegas faded fast into the rearview mirror for Loren M. Telle and her ex-husband Stanley Toelle. The Toelles, of Coeur d'Alene, Idaho pleaded guilty in May 2017 to filing false tax returns and leading a drug distribution scheme that spanned between Washington State and North Dakota.

Loren Toelle, a former Las Vegas stripper, traded in her pasties and g-string for a rumpled green-and-white striped outfit. Her shirt was stenciled "Shoshone County Inmate."

Toelle, who will be 70 when she's free again, made a plea agreement with prosecutors in exchange for a comparatively ‘light' sentence. In the plea agreement, her defense lawyer, Terry Ryan, asked District Judge Lynn Winmill to sentence Toelle to 10 years. Despite Toelle surrendering about $2 million in cash and property, Winmill sent her up the river for over 17 years.

While the Toelles were dealing with harder drugs, not knowing about Nevada's new marijuana law could land someone behind bars as well.

As of January 1, 2017, adults over 21 can possess up to a single ounce of pot or one-eighth an ounce of ‘cannabis concentrate.'  Anyone over 18, with a legitimate medical marijuana ticket, can buy cannabis legitimately in Nevada despite the card possibly issued out-of-state.

The public will be permitted to buy weed from a store sometime after the Taxation Department crafts regulations and license. The deadline for completing the department's work is January 1, 2018.

Some retail shops selling pot will be limited by a country's population. Clark County will get up to 80 stores and a rural county like Washoe can have up to 20. Extremely rural counties such as Nye will be permitted up to two stores. For the foreseeable future, retail sales of marijuana won't be found on ‘the Strip.' Many things legal in Nevada are not legal in Las Vegas. Some things which are legal in Vegas are not legal outside the city boundary.

Driving while high continues as a crime. State limits for determining a driving while high charge is ten nanograms per milliliter of marijuana or a blood level of 2 ng/ml of marijuana.

 

Other Regulations Include:

 

Store Hours

Marijuana pharmacy hours are approved by district governments and can only operate during their approved timeframe.  For instance, Las Vegas permits dispensaries to be open between 6am and 10pm while Reno's are permitted to stay open as late as midnight.

Consumption

It is unlawful to puff pot in public, on national land or in a car. There are a few hotels which permit tobacco, but most are not allowing marijuana because of potentially conflicting federal law.

 

Transporting

When pot is carried in a vehicle, it must be in a covered container away from the driver and any passengers under 18. Failure may get  an "open container" fine or more severe penalties if minors are in the car and get to the pot. It is unlawful to bring pot across state borders even if the neighboring state has legal marijuana laws.

 

Cultivation

Cultivating your pot is banned if you live within 25-miles of a dispensary.  Due to the placement of the current dispensaries, most homegrown operations are blocked to most of Nevada's population.

Under the Obama administration, federal law enforcement stayed out of the way of states that legalized pot. Jeff Sessions, Donald Trump's Attorney General, is outspoken against legalized marijuana.

Because of unfathomable guidance from Sessions, most business owners in Las Vegas are taking a wait-and-see approach.

"The draws in Las Vegas are gaming and buying and dining and a good time," said Steve Sisolak, Chairman of the Clark County Commission.