D.Nev.: Despite legalization of recreational marijuana, smell of burnt marijuana in car is RS for detention for impaired driving

Despite the fact the Clark County DA announced they were no longer prosecuting ½ ounce or less marijuana cases along with voters adopting decriminalization of recreational marijuana, defendant’s detention for sleeping in his car in the middle of the Flamingo Boulevard in Las Vegas was a justifiable stop. Getting him out of the car was reasonable when the officer could smell burnt marijuana. It’s still illegal to operate while impaired. United States v. Hylton, 2017 U.S. Dist. LEXIS 210208 (D. Nev. Nov. 15, 2017), adopted, 2017 U.S. Dist. LEXIS 208932 (D. Nev. Dec. 20, 2017).

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