Can I go to jail for being high on pot in Nevada?
by
Michael Becker on Jun. 15, 2015
Summary: In general, it is a crime in Nevada to be under the influence of marijuana.
It depends on the circumstances.
In general, it is a crime in Nevada to be under the influence of marijuana. It does not matter whether any marijuana is found in the person's possession...merely being high is sufficient to invite prosecution and conviction. Nor does it matter if the person is at home...being high anywhere is illegal in Nevada.
The main exception concerns valid Nevada medical marijuana patients, who are allowed to take pot medicinally. However, even these patients are prohibited from doing the following activities while high:
- driving
- flying
- boating
- going on an amusement park ride
- possessing a firearm
In addition, a person should not be convicted of being under the influence of marijuana in Nevada if the person did not knowingly smoke or otherwise ingest the pot. Therefore, a person who unwittingly ate a "pot brownie" is not liable for being high.
Being under the influence of marijuana in Nevada is a category E felony carrying 1 to 4 years in Nevada State Prison and maybe a $5,000 fine. However, judges typically grant probation for a first-time offense of being high on pot.