Each year, tens of thousands of revelers flock to the iconic Burning Man festival. The event has fostered a long-running reputation for relaxed drug usage, with the presence of hallucinogenics and images of naked festival-goers dancing into the night.
With such a loose public image, marijuana enthusiasts might regard this festival as a safe space for them to enjoy live music while indulging in their preferred form of the popular herbal substance. However, these attendees might be surprised to learn that the festival is heavily monitored by law enforcement, and publicly smoking marijuana might lead to arrests or a slew of legal trouble.
While the state of Nevada has legalized the consumption of marijuana for adults over the age of twenty-one, users should be aware of the restrictions and consequences of smoking in public places, as listed by the Cannabis Compliance Board for the State of Nevada. The festival grounds for Burning Man have proven to be no exception to these rules.
The festival, which takes place in a temporary settlement dubbed Black Rock City, is centered on federal land within the northern Nevada desert. Each year, no less than five different law enforcement agencies patrol the festival.
Since marijuana usage remains illegal under federal law, Burning Man’s location introduces increased ambiguity into the legality and enforcement of marijuana prohibition at the festival. Law enforcement officers from various agencies have largely practiced discretion as to when and where they will enforce laws against cannabis usage. Burning Man event organizers do not have access to data on drug arrests but can confirm that arrests for cannabis consumption have been made, along with arrests for a variety of criminal offenses.
2015 was a particularly volatile year for the festival, with a 600 percent increase in arrests from the previous year, the majority of which had “trafficking of a controlled substance” as the cause for the arrest, as reported by SFGATE. This trend of drug-related arrests continued in the festival up to 2019, in which fifty-eight people were confirmed to be arrested for drug-related offenses.
Although most cases allow for a plea to a non-drug offense, often resulting in only a fine, the atmosphere of police surveillance at the festival has dampened the spirit of freedom and low inhibitions that many revelers seek. Contrary to media depictions of an “anything goes” attitude, many attendees spread warnings to others against any public use of marijuana while on festival grounds.
This contradiction of expectations has caused Burning Man organizers to butt heads with local law enforcement in past years. In one example of this, the Lawyers for Burners, a volunteer group that locates and coordinates legal resources for arrested festival attendees, pitted the blame for the high number of arrests on Pershing County Sheriff Jerry Allen and his office’s increased enforcement at the festival. Lawyers for Burners targeted the office’s website, calling out the sheriff for what they deem an “out of control” usage of his power.
While the trend of drug-related arrests might alarm potential festival goers, it should be noted that this trend appears to be reversing, with decreased reported arrests for the years following 2019. There are several potential reasons for this, including weather events and lower attendance. Burning Man 2022 saw record-breaking heat, and much of Burning Man 2023 was washed out by muddy rains. In these conditions, both drug usage and law enforcement would be inhibited.
In 2023, the Reno Gazette Journal reported only thirteen total arrests. A decreased number of festival attendees may also result in fewer arrests. NPR reports both increasingly adverse weather conditions and a struggling economy as potential reasons for the decline in ticket sales. Most recently, the usually sold-out musical festival still has tickets available for purchase for 2024. Those hoping to attend this historical musical and cultural event this year should be knowledgeable of local laws regarding cannabis use, as well as up-to-date on possible weather-related events and issues.
