If you are heading to Burning Man this year, you may be thinking about bringing cannabis to the playa, now that Nevada finally legalized marijuana. Not so fast! Before you head out, there are some important things you need to know:
- Burning man is held on FEDERAL land, and the Bureau of Land Management will enforce federal law, which unfortunately considers all marijuana possession a criminal offense — even if you have a medial card! BLM may also ticket you for violations of various rules in the “closure order,” though these, thankfully, are civil rather than criminal.
- “Gifting” marijuana to others is drug trafficking under federal law, even though no money is being exchanged. And if you are caught selling marijuana, or are found in possession of more than 1 oz., you will likely be prosecuted under Nevada law by the local Pershing County Sheriffs, who also patrol Burning Man.
- Especially important: GATE ROAD is also federal property, and in the past, a lot of the law enforcement activity has occurred while people are driving into the event. Keep in mind that you have fewer rights while driving than you do in your home (or in this case, your tent or RV), and can be stopped for a broken taillight or any other minor infraction by law enforcement, who may ask you for consent to search your vehicle (you have the right to refuse). Any marijuana consumption while on the Gate Road could result in a ticket or charges for DUI or marijuana possession.
- Before or after Burning Man, when you are not on federal land: Adults ages 21 and older may legally purchase marijuana from retail establishments in Nevada! MPP supported the initiative that made Nevada the fifth of eight states to end prohibition.
- Public consumption could result in a misdemeanor charge, with a fine of up to $600. And because the casinos’ regulators directed them to follow federal law, you cannot consume in hotel-casinos. MPP and our allies hope to establish safe, legal consumption spaces for tourists, but that won’t happen before Burning Man 2017. But you can consume in private homes, which may include private homes for rent.
- You should also know that Nevada has very strict laws on driving under the influence of marijuana. There is a “per se” threshold of 2 ng/mL of THC in your blood, meaning that you can be convicted based on a positive test result whether you were impaired or not. If you are a regular marijuana consumer, please note that you can have this amount in your system even if you haven’t consumed in a couple of days.
- If you do have an encounter with law enforcement, it’s always a good idea to know your rights. In addition, Burning Man would like to know about your experience, and if you get into trouble, you can reach out to the volunteer group Lawyers for Burners for help after you return home.
This legal information is provided as a courtesy and does not create an attorney-client relationship. For legal advice, which is an interpretation of the applicable law to your specific circumstances, we encourage you to consult an attorney. MPP is offering this information as a public service and is in no way affiliated with the Burning Man Project.
In April, SB 162, introduced by Sen. Arthur Orr, passed the Alabama Senate. It now awaits action in the House Public Safety and Homeland Security Committee. This bill would declare anyone with five nanograms of THC per milliliter in their blood guilty of driving under the influence — regardless of whether the person was actually impaired!
Although intoxicated driving should not be tolerated, knee jerk ideas like per se limits for THC are unethical, unscientific, and unnecessary. Alabama already criminalizes impaired driving. This bill would unfairly target medical marijuana patients who could have higher levels of THC in their blood without being impaired.
Recent peer-reviewed studies have concluded that low levels of active THC can remain in a person’s system long after the intoxicating effects of THC have worn off — sometimes for several days. THC levels can even increase in a person’s bloodstream days after consuming marijuana, but without the person being impaired. SB 162 would therefore result in individuals who are not impaired to be found guilty of DUI-D.
If you are an Alabama resident, please email your representative and ask him or her to oppose this bill.