Nevada legalized recreational marijuana in 2017, and since then, impaired driving has taken a new shape on Reno roads. Marijuana DUI accidents are a growing problem statewide, and if you have been hurt by a driver who was high behind the wheel, you have the same legal rights as any other accident victim. In some cases, you may be entitled to significantly more.
This guide covers what Nevada law says about marijuana-impaired driving, how officers establish impairment, what changed under the Safe Streets Act of 2026, and what your next steps should be if you were injured.
“Marijuana impairs driving in ways that are just as dangerous as alcohol, slower reaction times, impaired coordination, distorted perception. The difference is that cannabis users often don’t feel impaired, which makes them more likely to get behind the wheel.”
— National Highway Traffic Safety Administration (NHTSA)
Why Marijuana DUI Accidents Are Treated Differently Than Alcohol DUIs
Most people understand how alcohol DUIs work: a driver blows a .08 BAC or higher and faces criminal charges. Marijuana impairment is harder to measure, which has historically created challenges for both law enforcement and injury victims.
Unlike alcohol, THC does not have a simple, universally accepted impairment threshold. Nevada law sets a per se limit of 2 nanograms of THC per milliliter of blood, but research has shown that THC blood levels do not reliably correlate with actual impairment the way BAC does. A habitual user can have elevated THC levels long after the high has worn off, while a first-time user may be severely impaired at lower levels.
This does not mean marijuana-impaired drivers escape accountability. It means building a strong civil case requires more than a toxicology report. An experienced marijuana DUI accident lawyer will gather officer field sobriety test results, dash cam footage, witness statements, and any evidence from the scene to establish that impairment caused your crash.
What Nevada’s Safe Streets Act Means for Marijuana DUI Accident Victims
A significant shift took place in 2026. Nevada’s Safe Streets Act elevated marijuana DUIs to carry the same felony weight as alcohol DUIs in crashes involving injury. Previously, cannabis-related impairment cases often resulted in lesser charges than alcohol DUIs, which made it harder for victims to demonstrate the severity of the defendant’s conduct in a civil claim. That gap is now closed.
The law also created “Resort Corridors”, or enhanced enforcement zones in areas like Downtown Reno, where impaired driving penalties are significantly steeper. If your accident occurred within one of these zones, the driver may face aggravated charges that strengthen your civil case and open the door to additional damages.
For injury victims, the practical effect is clear: a driver who caused your crash while high on marijuana can no longer expect to be treated as a lesser offender. The criminal record they carry as a result of the felony charge becomes part of the civil case your attorney builds on your behalf.
Signs the At-Fault Driver May Have Been Impaired by Marijuana
You may not know at the scene whether the other driver was under the influence of cannabis. But certain signs noticed by you, a passenger, or a witness can become critical evidence later.
A seasoned marijuana DUI accident lawyer will look for:
- Bloodshot or glassy eyes noted in police reports or witness accounts
- The smell of marijuana at the scene or inside the vehicle
- Slow or slurred speech, unusual confusion, or delayed responses
- Open or discarded cannabis packaging found in the car
- Field sobriety test failures documented by responding officers
- A positive Drug Recognition Expert (DRE) evaluation at the scene
- Blood or urine test results reflecting THC above Nevada’s legal threshold
If an officer did not test for marijuana at the scene, that does not close the door. Your attorney can subpoena the responding officer’s observations, request dashcam or bodycam footage, and work with accident reconstruction experts to build the record needed to prove impairment.
What Damages Can You Recover After a Marijuana DUI Accident?
The damages available to you depend on the facts of your case, but victims of marijuana-impaired driving crashes can generally pursue compensation for:
Compensatory Damages
These cover your actual losses—medical expenses (past and future), lost wages, reduced earning capacity, property damage, and pain and suffering. If your injuries are severe or permanent, the long-term value of a compensatory claim can be substantial.
Punitive Damages
Because driving while impaired by marijuana involves a knowing, voluntary choice to endanger others, it follows the same legal logic as cases where someone was hit by a drunk driver; Nevada courts may award punitive damages on top of your compensatory recovery. Under NRS 42.005, these are reserved for conduct that rises to the level of malice or conscious disregard for others. A driver who chose to get behind the wheel while high fits that standard. And as noted above, cases involving DUI-caused injuries are exempt from Nevada’s standard caps on punitive awards.
What to Do After a Marijuana DUI Accident in Reno
How you handle the days immediately following the crash can significantly affect what you are able to recover.
Here is what matters most:
- Call the police and get a report: Officers may note signs of impairment in their report, which becomes critical evidence in your civil case.
- Seek medical attention immediately: Even injuries that seem minor at the scene can worsen. A documented medical record ties your injuries directly to the crash.
- Document everything you can: Photos of the vehicles, the scene, any visible injuries, and anything that suggests impairment (smell, behavior, visible paraphernalia).
- Do not speak to the other driver’s insurance company: Adjusters work to minimize payouts. Anything you say can be used to reduce your claim.
- Contact a marijuana DUI accident lawyer as soon as possible: Evidence disappears, witnesses forget, and Nevada’s statute of limitations is not forgiving. Early legal representation protects your ability to recover fully.
Injured in a Marijuana DUI Accident? Talk to a Reno Lawyer Today.
Jensen Oldham Personal Injury Law has spent over 40 years representing injured people in Reno, Sparks, Carson City, and throughout Northern Nevada. We are experienced personal injury lawyers who know how to build the kind of evidence-driven case that marijuana DUI accidents require. Bob Jensen is one of the few board-certified personal injury specialists in the state, and insurance companies know that when we file a case, we are prepared to take it to trial.
If you or someone you care about was hurt by a high driver, do not wait. Reach out to our personal injury attorney in Reno for a free consultation. There is no cost, no obligation, and no fee unless we win.