Update: AB 135 was signed into law on May 23.
Legislation awaits action from Gov. Brian Sandoval to amend Nevada’s per se traffic safety laws for carboxy-THC.,
Assembly Bill 135 eliminates statutes criminalizing the operation of a motor vehicle if a driver has detectable levels of carboxy THC in his/her urine. Carboxy-THC is an non-psychoactive waste product of THC that may be present for days or even weeks post-abstinence. It’s presence in urine is not correlated with psychomotor impairment.
Unfortunately, however, AB 135 still maintains unscientific per se thresholds for THC (2ng/ml) and 11-hydroxy-THC (5ng/ml). NORML has previously lobbied against the imposition of these THC/blood limits in Nevada because these thresholds are not evidence based. No less than the United States Traffic Highway Safety Administration (NHTSA) agrees, stating, “It is difficult to establish a relationship between a person’s THC blood or plasma concentration and performance impairing effects. … It is inadvisable to try and predict effects based on blood THC concentrations alone.”
While passage of AB 135 is a step in the right direction, further legislation will continue to be necessary in order to amend Nevada’s traffic safety laws in a manner that no longer inadvertently criminalize responsible adult marijuana consumers.