Recreational marijuana is now legal in Nevada … for some people … in certain situations.
Although possession was decriminalized January 1, there are still a lot of questions, like who can smoke, and where, and how they can obtain it.
Carlos Blumberg is a founding member of the Nevada Dispensary Association. He answered some of the questions still lingering around legalized recreational adult-use marijuana.
Who can posses marijuana right now?
You still need a medical marijuana card to buy marijuana. You can possess under an ounce, but the question is how are you going to buy it.
So dispensaries have not been set up and medical dispensaries cannot sell marijuana to someone who doesn't have a card?
That is absolutely correct.
It seems like we have a system where you can have less than an ounce of marijuana, but it's not legal to obtain it. So, if you get stopped by a cop, and he finds marijuana on your person, are they going to ask you where you got it from?
They may ask you where you got it from, but they're probably not going to charge you with possession of the marijuana.
Are medical marijuana dispensaries going to be the first ones to legally sell recreational pot?
Yes.
When might this happen?
We're hoping that as soon as the Legislature meets that there will be temporary regulations and we're looking at any time during the session or until the end of the session, which could take until June of 2017.
What will be the procedure when someone wants to buy legalized recreational marijuana?
That's where there will be temporary regulations as to what the dispensaries can and cannot do. I would hate to speculate as to what those regulations are going to look like until they are established by the State Legislature or by the interim committees.
But from what I understand, there will be two different prices whether it's for medical use or for recreational use.
And medical will be cheaper?
I believe so.
So, you can grow your own marijuana if you live outside a 25 mile boundary of a dispensary. What would happen if you were caught growing your own, if you lived 24 miles from a dispensary?
Obviously, I believe the district attorney would have a discretionary decision to make.
When it becomes legal, people can smoke it in their houses. But where can't people smoke it?
In public places. The number one, obviously we're a resort town, would be the casinos and hotels and private places. We all know that the hotels and casinos are not public forums. They're private places.
Is there are penalty if you are caught smoking or eating edibles in a public space?
That is a good question. Right now, they could probably tell you to leave, just like if you were intoxicated.
Will we see marijuana cafes open up?
I think that is one of the bill drafts that State Sen. Tick Segerblom has introduced. I think for the future we could see the possibility of that.
What is the biggest question that people ask you?
The biggest question I get is, "how do I get involved in this industry?" I've had colleagues, I've had other lawyer friends of mine, I've had other business people reach out to me and say, "I want to be part of this industry."
How are police officers testing to see if someone is under the influence of marijuana while they're driving?
There are certain test where they can see if someone is under the influence of marijuana, just like they would to see if someone is under the influence of narcotics, someone is under the influence of prescription medication, whether someone is under the influence of alcohol. I don't think those tests have changed so much and it is still against the law to be driving under the influence of marijuana.
So as the Legislature starts to work on this, what do you think is the biggest issues it needs to tackle?
As an attorney, one of the biggest issues is the DUI. Right now, I believe it is two nanograms out of a billion. So essentially, if someone smoked a joint on Thursday and they got pulled over on Sunday or Monday and they did a blood test, someone would obviously have at the very minimum two nanograms out of a billion. So, I think the point is to raise that amount so that the person getting pulled over on Sunday is actually under the influence.
Carlos Blumberg, lawyer, DeCastroverde Law Group