Drug Crimes Archives - Richard P. Davies Law
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The Truth About Marijuana DUI Testing

The Truth About Marijuana DUI Testing

In the wake of the new legality of marijuana for recreational use, it’s frequently been brought up that Nevada residents are unsure of the rules and regulations regarding a marijuana DUI and are need of clarification on their rights when it comes to drug testing for marijuana while driving. DUI’s are treated the same way in Nevada, regardless of whether you’re under the influence of alcohol or pot.  If you are a regular pot user, you may not actually be impaired after minimal use.  However, you are definitely still in danger of being convicted if you are suspected of being impaired, are subsequently tested and found to have marijuana in your system. Hiring the right DUI lawyer in these cases is imperative because, in many instances, these charges can be reduced significantly.  When facing the potential of having a DUI conviction on your record for 7 years for employers, landlords and loved ones to see, wouldn’t you rather pursue an avenue that involves potentially reducing those charges or having them dismissed altogether? If you are a current marijuana user, or are thinking of starting up, there’s much you should know about the parameters for use.  Below is information on the latest legislation that deals with how you’re tested for drugs if pulled over, how authorities attempt to determine if you’re high, and what you can do to prevent getting into trouble. The Latest Legislation Regarding Marijuana DUI Testing Currently, Nevada is set to implement blood testing in place of urine testing in DUI convictions that are related to marijuana. It’s important to note that this had already been taking place...
WARNING: If You Take Drugs at Burning Man

WARNING: If You Take Drugs at Burning Man

Reno Criminal Defense Lawyer Discusses Drugs at Burning Man and How Recent Legalization of Marijuana Laws Will Affect Burning Man. Our office has been receiving inquiries from excited “burners” this coming week who have been curious as to whether it’s now legal to smoke pot out on the Playa.  While the state of Nevada has recently legalized the substance, making it so any person over the age of 21 can possess up to an ounce of recreational marijuana and an eighth of an ounce of marijuana concentrate, Federal Law still considers the use of this drug illegal and classified as a Schedule 1 drug. So, what does this mean for the folks at Burning Man this year?  The answer to this question is convoluted, and, as a Burning Man Spokesperson pointed out in a recent RGJ Article, “You’re not exempt from the law at Burning Man.” Who Will Be Enforcing Marijuana Laws at Burning Man? According to Megan Miller with Burning Man, both the Bureau of Land Management and the Pershing County Sheriff’s office will be patrolling the area in 2017.  So, who should you watch out for?  The BLM has expressly stated that they do plan to enforce federal prohibition.  Because this event takes place on public lands, they gotta do what they gotta do. It’s a different story for the officers of the Pershing County Sheriff’s office, however.  If you are at the event and are following the laws enacted by the State of Nevada regarding the use of marijuana, and you run into one of these guys, you’ll be okay. They have no enforcement unless you...
Drug Free Zones in Nevada: What are They and Why Should You Care?

Drug Free Zones in Nevada: What are They and Why Should You Care?

Drug-Free Zone laws began in America under the premise that the sale and use of drugs near schools was dangerous for the children. To mitigate the risk of these kids being exposed to drug use, lawmakers enacted special laws aimed at adding on harsher terms of sentencing for offenders of current drug laws within a specified radius of a school. Often times the drug laws can be difficult to understand which is why you should always consult a drug lawyer to clear up any misunderstandings of the law. You may be wondering why these laws are necessary; shouldn’t all areas be considered “drug-free” simply because they’re illegal? Ultimately, these laws were put in place as an extra incentive not to commit drug related crimes near children. These laws vary by state in terms of zone sizes and enhanced penalties. In Nevada, the size of each drug-free zone is 1,000 ft. in every direction. What does this mean for you? Meaning, that if you are caught breaking one of our current drug laws within this radius in Nevada, you may face a much longer sentencing. Some states, including Nevada, have opted to extend the locations of which this law applies. In our state, these Drug-Free Zone laws apply to all schools including elementary, middle and high schools, trade schools, College campuses, school bus stops, playgrounds, parks, pools, video centers and arcades; pretty much anywhere you’re likely to find children. Specifically, this law applies to the following offenses: Manufacture Delivery Sale There is an important distinction to note regarding the application of this law to school bus stops. In Nevada, this...
What July 1st 2017 Means for Recreational Marijuana Users, and What it Doesn’t

What July 1st 2017 Means for Recreational Marijuana Users, and What it Doesn’t

On January 1, 2017 recreational marijuana use became legal in Nevada. However, there are still penalties for using marijuana in public. So before you go cruising through Midtown on your fixed gear ripping a joint, please remember that the law only allows for the use of pot in the privacy of your own home. Obtaining Marijuana from Local Dispensaries Now, just because weed became legal in Nevada to use, doesn’t mean you can walk into your local marijuana dispensary and buy some “chronic” or “cush.” At this time, dispensaries still require you to have a medical card to purchase pot. However, a new important date is rapidly approaching. Marijuana dispensaries in Nevada are scheduled to start selling marijuana to the general public on July 1, 2017. What is important to recognize here is that this does not change the law at all. Pot users should still not carry weed and or weed paraphernalia in public. Nevada Penalties for Marijuana Possession One of the common side effects of smoking pot is forgetfulness. So if you happen to forget that your stash is in your pocket and you have a run in with the law, you may be subject to the following penalties for possession of marijuana in Nevada: Possession or use of marijuana in public is considered a misdemeanor and subject to a maximum $600 fine. Possession of more than an ounce of marijuana is considered a misdemeanor and subject to a maximum $600 fine. If you’re planning on breaking the law or are just curious, a complete list of marijuana related offenses, penalties, and fines for Nevada can be...
The New Nevada Law Around Marijuana and What You Should Know

The New Nevada Law Around Marijuana and What You Should Know

On November 8 of this year, Nevada voters narrowly approved Question 2, which legalizes, taxes, and regulates marijuana for adults 21 and older. Despite well-financed opposition, marijuana was decriminalized in our fine state of Nevada. From a social, legislative and criminal system perspective, this is probably great news all around, but there are several things you should know about the new regulations. The decriminalization of marijuana for adults means that the penalties for possession and distribution are greatly reduced from what they are in other states. However, and here’s what’s important to bear in mind, limits and penalties still exist. That’s why you need to understand the law. There’s still plenty of trouble to get into by possessing, cultivating, and obviously selling it. Nevada Marijuana Cultivation and Possession Limits In addition to allowing medical cannabis dispensaries, the recent legislation increases cultivation and possession limits. The relaxing of regulation should not however be interpreted as a free-for-all.   Cultivation without a medical card carries a felony charge, for instance. And Nevada’s marijuana-related DUI guidelines allow for finite blood content tolerances. One positive feature for Nevada’s medical marijuana users is that the state recognizes the patient status of non-residents who are qualified under their state government’s laws. This is an important point because the law was crafted under medicinal pretexts – it really wasn’t designed to delight the couch surfing purists in our midst. For that reason, rules persist and you don’t want to challenge a law enforcement establishment that’s been seeped in anti-drug ideology for half a century. Nevada police are tough and will exercise their authority to the limit of...
A Guide to Staying Out of Trouble at SnowGlobe 2016

A Guide to Staying Out of Trouble at SnowGlobe 2016

Know what’s worse than not getting a ticket to SnowGlobe?  Getting arrested or cited at SnowGlobe after you’ve gone to the effort of paying for a ticket, making the trip and designing a blinking bodysuit and parka.  Not that arrests are overwhelmingly common at the event, but we must remember it’s an EDM affair, with lots of festive folks looking to party, leading right up to New Year’s Eve.  That’s a potent combination of fun factors that will inevitably land a few unfortunate souls in the back seat of the wrong car. The key, of course, is to not be among the hapless few.  Avoiding trouble at this festival boils down to using basic common sense and decent decision-making.  The most common offense leading to arrest is driving while intoxicated.  The most common infraction leading to citation is Minor in Possession of alcohol.  Then comes possession of narcotics and on down the list. Given the data above, the best decision you can make is not operating a vehicle.  With Uber, Lyft and good old fashioned taxis, there is no reason you should drive after the trancing and dancing is done.  The 20-dollar fare pales in comparison to the financial cost of a DUI.  Besides, it’s the week between Christmas and New Year’s.  Cops are instructed to be hype-vigilant to keep motorists safe and their departments well-funded.  And they’re no strangers to festivals like this.  After all, their brethren keep a watchful eye on the Granddaddy of all festivals each summer in the Black Rock Desert not too far away. Lesser offenses like minor in possession and drug possession will cause an abrupt cessation to the celebration as well.  If you’re involved with the police in any...
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