Two different subsections, and the difference matters
NRS 484C.110 contains two separate prohibited-substance tables and they do not have the same reach. Subsection 3 sets blood and urine thresholds for amphetamine, cocaine, cocaine metabolite, heroin, morphine, 6-monoacetyl morphine, lysergic acid diethylamide, methamphetamine, and phencyclidine. Marijuana is absent from that list. It appears instead in subsection 4, under a materially narrower trigger. That placement is the whole story, and it is the part most summaries skip.
- Subsection 3
- Nine substances, marijuana not among them
- Subsection 4
- Marijuana and its 11-OH metabolite only
- Why it matters
- Subsection 4 has a narrower trigger
What subsection 4 actually says
The statute opens subsection 4 with its own gate: for any violation that is punishable pursuant to paragraph (c) of subsection 1 of NRS 484C.400 or NRS 484C.410, 484C.430 or 484C.440, it is unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access with an amount of any of the following prohibited substances in his or her blood that is equal to or greater than: marijuana (delta-9-tetrahydrocannabinol) 2 nanograms per milliliter, marijuana metabolite (11-OH-tetrahydrocannabinol) 5 nanograms per milliliter. Those cross-references are the felony and enhanced provisions of the DUI chapter. The numbers are real, and the gate in front of them is real too.
- Delta-9-THC
- 2 ng/mL in blood
- 11-OH-THC
- 5 ng/mL in blood
- Gate
- Only for violations punishable under the cited felony provisions
- Sample
- Blood only, no urine figure for marijuana
So what applies to an ordinary first offense
Impairment. Where the subsection 4 gate is not met, the prosecution is not relieved of proving that the driver was actually under the influence, and a blood number alone does not carry the case the way a 0.08 alcohol reading does. This is a meaningful difference from alcohol and it is the single most misreported thing about cannabis and driving in this state. It is emphatically not a license to drive after consuming. Driving impaired remains unlawful under the general provisions of the same statute, the police still make roadside observations, and an officer's account of impairment is evidence whatever your blood shows.
- First or second offense
- Turns on proof of impairment
- What a number alone does
- Does not stand in for impairment
- Still unlawful
- Driving while actually impaired




