Nevada Gov. Signs Bill Lowering Penalties for Minor Possession

Nevada Gov. Steve Sisloak (D) last week signed legislation easing cannabis possession penalties for minors and revising the state’s per se THC limits for driving.

The bill aimed at reducing penalties for minors removes any incarceration or fine, caps community service at 24 hours, requires the offender to attend a victims impact panel or undergo an evaluation to determine whether the person has an alcohol or other substance use disorder, or any combination of those penalties, according to the bill text.

The rules apply to minors under 18-years-old and under 21 for people already in juvenile court caught in possession of one ounce or less. The new rules take effect on October 1.

The driving while stoned proposal amends Nevada’s traffic safety laws so that the operation of a motor vehicle with trace amounts of either THC or its metabolite is no longer a per se violation of law in certain circumstances. Per se violations make it illegal to operate a motor vehicle with trace levels of either THC or THC metabolites in one’s blood or urine, even absent any further evidence of impairment.

The limit will remain in place in circumstances when the violation is punishable as a felony.

Per se limits are controversial because someone could test positive for THC or its metabolite several days after consuming cannabis but are no longer under the influence.