Legislature sets new drug testing limits for boating under the influence in Nevada

The Nevada State Legislature has introduced Senate Bill 309, aimed at addressing substance use among operators of power-driven vessels and sailing vessels. Introduced on April 17, 2025, the bill seeks to establish specific thresholds for prohibited substances in blood and urine, thereby enhancing safety regulations on state waters.

The bill outlines precise nanogram limits for various substances, including amphetamines, cocaine, fentanyl, heroin, and marijuana. For instance, it sets the threshold for marijuana (delta-9-tetrahydrocannabinol) at 2 nanograms per milliliter in blood and 5 nanograms per milliliter for its metabolite. The legislation also stipulates that individuals found operating vessels with prohibited substances above these limits would be in violation of the law.

Notably, the bill includes a provision for an affirmative defense, allowing defendants to argue that they consumed alcohol after operating a vessel, which could affect their blood alcohol concentration at the time of testing. This aspect has sparked discussions among lawmakers regarding its potential implications for accountability and enforcement.

Supporters of the bill argue that it is a necessary step to improve safety on Nevada's waterways, particularly in light of rising concerns about substance use and boating accidents. Critics, however, express concerns about the practicality of enforcing these limits and the potential for unintended consequences, such as penalizing individuals who may have consumed substances legally or in moderation.

The introduction of Senate Bill 309 reflects broader societal concerns about substance use and public safety, with potential economic implications for the state’s tourism and recreation sectors. As the bill progresses through the legislative process, it will likely continue to generate debate regarding its effectiveness and fairness in addressing substance-related incidents on the water. The next steps will involve committee reviews and discussions, where further amendments may be proposed before a final vote.