Nevada Bill Would Change How State Tests for Marijuana DUI

Nevada lawmakers are deciding which method of testing will be best to determine if someone is “too stoned to drive.” They have the options of blood or urine tests. A bill introduced last week by Assemblyman Steve Yeager wants to require blood testing and eliminate urine test procedures.

The blood test would detect specific marijuana metabolites to determine marijuana intoxication, according to Reno Gazette-Journal.  Nevada lawmakers have already set a standard intoxication level of 2 nanograms or more active THC in the bloodstream. For some, 2 nanograms of active THC won’t cause any impairment. The longer it is from the time you use marijuana, THC concentration reduces.

Yeager said, “We should only be testing for the metabolite that impairs you. A number of law enforcement agencies in the state don’t currently test for that metabolite.”

Lieutenant Eric Spratley from the Washoe County Sheriff’s Office said, “All of our stops are because of some probable cause, then we talk to the driver. There might be an indicator that could further the investigation so we might do a field sobriety test. A variety of things would lead up to an arrest and taking a person in for an evidentiary test.”

The bill introduced by Yeager doesn’t include a requirement for 2 nanograms active THC as being too impaired to drive.

Yeager said, “I was not there when the (2 nanograms) levels were set, but essentially that is the lowest detectable threshold.”

Yeager closed his comments by saying, “You don’t want to be unfairly prosecuting people. We don’t want to set these levels that presume you’re impaired, but instead prosecutors have to prove it.”