Tuesday, Dec. 21, 2010 | 2:31 p.m.
CARSON CITY – The Nevada Supreme Court has rejected an appeal by a California woman who claims a Nevada marijuana law is unconstitutional and cruel and unusual punishment because it interferes with her right to travel.
Shira Monet Garfinkel says she is a legal user of marijuana under California law.
But when she entered Washoe County, she was stopped and convicted of driving with a marijuana metabolite content greater than five nanograms per milliliter in her blood.
Garfinkel says her constitutional right to drive in Nevada is infringed upon.
The Supreme Court says the law does not stop Garfinkel from driving across Nevada. It merely prohibits driving after testing positive for marijuana in the blood or urine.
Garfinkel also argued there was no basis for a law that doesn’t show a person with marijuana in her blood is impaired to drive. She said it was not illegal in California.
The Supreme Court said driving is a privilege, not a constitutionally protected right and it upheld the validity of the law.