Happy New Year!

Whoever said money doesn't grow from trees obviously has never sold weed!

- Unknown

Nevada's legal marijuana establishments are set to open in 2014. Projections about the amount of money that this business will bring vary greatly from millions to billions. However, there are many important rules for individuals to remember as we ring in the New Year. These rules are important for individuals who are patients or those wishing to be involved in the medical marijuana business.

1.             You have a right to say “NO.”: If you are stopped by a police officer and they ask to search you or your car or your home, you can say “No.” You do not have to consent to a search.  It does not give a presumption of being guilty if you say “no.” Therefore, if you are pulled over or you are stopped, remember your right to say “no.” If you do not consent to the search, the officers have to get a search warrant, unless there are exigent circumstances such as the officer believes and individual’s safety is at risk.

Too often we are contacted by individuals who knew they had something in their trunk, but gave consent for the officers to search their trunk. Do not give consent. Even if you do not have anything illegal in your trunk or your house, you still do not have to give consent. So take a moment and think before you answer the question “May I search your ____.”

2.             You do not have to answer the officer’s questions.: It is your right to refuse to answer a question. If an officer is holding you, you do not have to answer the questions of the officer. Now sometimes, you may want to answer the officer’s question, for instance if he asks if you are a medical marijuana patient and you are, you may want to answer “yes” and show him your valid medical marijuana patient card. However, you do not have to answer the questions.

3.             You can request to speak with your attorney. If an officer is holding you or has arrested you, you can request to speak with your attorney. State very clearly, “I will not answer your questions until my attorney is present. My attorney is Connor & Connor Pllc and can be reached at 702-750-9139.”

If you have questions about Nevada's Medical Marijuana laws, please do not hesitate to contact the attorneys at Connor & Connor Pllc today.  The attorneys at Connor & Connor Pllc are licensed to practice law before all Nevada state and federal courts. We are assisting individuals and groups interested in obtaining a medical marijuana facility license. If you are interested, contact one of the attorneys at Connor & Connor Pllc as soon as possible for a consultation.   You may contact the firm through email at info@connorpllc.com or by phone at (702) 750-9139 or visit www.connorpllc.com. You may also visit the firm's Facebook page at http://www.facebook.com/#!/ConnorConnorPllc. You can also follow the firm on twitter at https://twitter.com/Connor_pllc.

Can I lose my kids if I am a medical marijuana patient?

Nevada has a constitutionally protected right for individuals to use marijuana for medicinal purposes. Therefore, one could argue that that use of medical marijuana, if recommended by a doctor, should not be a basis for removal of a parent's custodial rights to their child. However, the legal standard in Nevada, and many other states, in determining parental rights, is what is in the best interest of the child.

Some judges have found that although a parent has a legal right to use marijuana as a state licensed patient, the use of the medicine is not in the best interest of the child. Thus, these parents have lost rights to have overnight visits and have even been forced to have supervised visits. The issue currently is at the discretion of the family law judge that is assigned to the case.

The only way to change this is for the issue of whether the use of medical marijuana by a parent is a detriment to the child to be addressed by the Supreme Court of Nevada. However, until that happens, the parent who is a patient will face the burden of showing the judge who is assigned to the case that his or her medicinal use of  marijuana is not a detriment to the child. There is a presumption that being with the both parents (having shared custody) is in the best interest of the child and therefore arguably the parent who is patient should have equal access regardless of his or her use of marijuana.

However, be fair warned that there are judges in Nevada that view the medicinal use of marijuana to be detrimental to children and that those judges will likely reduce a parents custodial rights by finding that the use of medical marijuana around the child is not in the best interest of the child. The only way to change that ruling is to challenge it.

If you have questions regarding your parental rights and the use of medical marijuana, contact Connor & Connor PLLC today!

If you have questions about Nevada's Medical Marijuana laws, please do not hesitate to contact the attorneys at Connor & Connor Pllc today.  The attorneys at Connor & Connor Pllc are licensed to practice law before all Nevada state and federal courts. We are assisting individuals and groups interested in obtaining a medical marijuana facility license. If you are interested, contact one of the attorneys at Connor & Connor Pllc as soon as possible for a consultation.   You may contact the firm through email at info@connorpllc.com or by phone at (702) 750-9139 or visit www.connorpllc.com. You may also visit the firm's Facebook page at http://www.facebook.com/#!/ConnorConnorPllc. You can also follow the firm on twitter at https://twitter.com/Connor_pllc.

The Dangers of Your Medicine

Written by Guest Blogger:

Garrett T. Ogata, Esq.

3841 W. Charleston Blvd. Ste 205

Las Vegas, NV 89102

www.vegasdefenselaw.com

Nevada medical marijuana users do have protection when it comes to using their medicine in the state of Nevada.  However, just because you have a valid medical marijuana card does not mean you are protected from Nevada’s strict, some would say unfair, DUI prohibited substance law. 

Nevada implements a per se DUI law, which presumes someone is under the influence of alcohol if their Blood Alcohol Content (BAC) is at a certain level, most commonly a BAC of .08 or more.  Nevada has taken this same approach to marijuana by enacting NRS 484C.110(3), Nevada’s Prohibited Substance statute.  Marijuana and marijuana metabolite, along with other controlled substance such as cocaine, heroin, meth & others, make the per se prohibited substance list. 

The per se limits set forth in NRS484C.110(3) for marijuana and its metabolite are extremely low:

·       2 nanograms per milliliter of blood for Marijuana (THC); and

·       5 nanograms per milliliter of blood for Marijuana Metabolite.

For someone on medical marijuana, hitting these per se levels is not difficult and thus not difficult for prosecutors to charge you with a DUI even if you showed no signs of being under the influence.  That is why it is incredibly important to Know Your Rights and how to handle police stops.  Many people make the mistake of admitting to having a Medical Marijuana card and taking their medicine.  This applies to other medicines as well.  Some of the standard questions law enforcement ask people is regarding doctor’s care and visits, and if you are on any medication and when was the last time you medicated.  Law enforcement asks these types of questions to build probable cause against you and ultimately arrest you and subject you to a blood test.      

Your Medical Marijuana card and the fact that your doctor prescribes marijuana for your symptoms is not a defense against a DUI.  Even if you are under the per se limits, prosecution can still use a lower amount to argue you were impaired by a controlled substance and incapable of safely operating or controlling your vehicle based on the totality of circumstances.  

An important battle that is being overlooked by legislature, lobbyist, political parties and voters, is the per se limits set forth in Nevada’s Prohibited Substance statute.  It is time for everyone to take a hard scientific look at what levels of THC impair drivers and also remove the per se metabolite level that punishes patients with the non-impairing metabolite.  Be safe, know your rights and never driver under the influence. 

To learn more about DUIs and Your Rights, download the free “Medical Marijuana User’s Guide” for Drivers. 

Can I lose my job?

Nevada's residents have a constitutional right to use medicinal marijuana if they are prescribed the medicine by their doctor and obtain a state patient ID card. However, can a patient lose their job for using the medicine that is prescribed by his or her doctor?

Nevada's current medical marijuana law does not require employers to make any accommodations for state licensed medical marijuana users. In other words, you CAN lose your job for using medical marijuana. Yes, you CAN lose your job even if you are a state card holder.

Under SB 374, the new medical marijuana law, an employer ...

"must attempt to make reasonable accommodations for the medical needs of an employee who engages in the medical use of marijuana if the employee holds a valid registry identification card, provided that such reasonable accommodation would not: (a) Pose a threat of harm or danger to persons or property or impose an undue hardship on the employer; or (b) Prohibit the employee from fulfilling any and all of his or her job responsibilities."

This section of the bill takes effect on April 1, 2014. At that time an employer will need to provide "reasonable accommodations" to a medical marijuana patient with a valid registry card.

However, one thing to keep in mind is, Nevada is an at-will state. Therefore, an employer can terminate an employee at any time with or without cause. Therefore, the employer could terminate an employee without giving a reason. Most likely cases like these will end up in litigation to determine if the employer was required to make accommodations and to define what "reasonable accommodations are" but until April 1, 2014, no accommodations are required. And after, an employer could terminate the employee due to Nevada being an at will state.

So the cold hard truth is, most likely, yes a medical marijuana patient can lose his or her job for using his or her medicine.

If you have questions about Nevada's Medical Marijuana laws, please do not hesitate to contact the attorneys at Connor & Connor Pllc today.  The attorneys at Connor & Connor Pllc are licensed to practice law before all Nevada state and federal courts. We are assisting individuals and groups interested in obtaining a medical marijuana facility license. If you are interested, contact one of the attorneys at Connor & Connor Pllc as soon as possible for a consultation.   You may contact the firm through email at info@connorpllc.com or by phone at (702) 750-9139 or visit www.connorpllc.com. You may also visit the firm's Facebook page at http://www.facebook.com/#!/ConnorConnorPllc. You can also follow the firm on twitter at https://twitter.com/Connor_pllc.

Will I lose my guns?

Pursuant to a constitutional amendment, Nevada residents have the right to use medical marijuana legally ONLY if they obtain their patient card. Many Nevadan's are misinformed about the law. Having a doctor's recommendation or a "90 day temporary" does not legally protect you. In order to receive all the protections of the law, such as not being arrested for being in possession of the legal limit or for growing the legal number of plants (currently 7), you must be in possession of a Nevada patient card.
A patient card looks very similar to a Nevada driver's license:

Other patients know about the process of obtaining a patient card, but are afraid to do so. One of the most common questions our office is asked is if they will lose their guns or conceal carry permit by applying for a patient card. Quite simply the answer is no. You can have your patient card and a conceal carry license.

However, there are some issues. When purchasing a firearm, you have to answer the question of whether you use illegal drugs. Marijuana is legal at the state level, but illegal federally. Also, if you are in possession of a firearm and marijuana, there is an automatic sentencing enhancement for federal crimes.

If you have questions about Nevada's Medical Marijuana laws, please do not hesitate to contact the attorneys at Connor & Connor Pllc today.  The attorneys at Connor & Connor Pllc are licensed to practice law before all Nevada state and federal courts. We are assisting individuals and groups interested in obtaining a medical marijuana facility license. If you are interested, contact one of the attorneys at Connor & Connor Pllc as soon as possible for a consultation.   You may contact the firm through email at info@connorpllc.com or by phone at (702) 750-9139 or visit www.connorpllc.com. You may also visit the firm's Facebook page at http://www.facebook.com/#!/ConnorConnorPllc. You can also follow the firm on twitter at https://twitter.com/Connor_pllc.