The American Civil Liberties Union (ACLU) in Nevada has not accepted the Nevada Pharmacy Commission’s classification of cannabis. medical value.
A back-and-forth legal saga followed, beginning earlier this year when the ACLU in Nevada filed a lawsuit on behalf of the Cannabis Equity Inclusion Community (CEIC) and a man named Antoine Poole. Case, CEIC v. Nevada Pharmacy Commissionwas the first Submitted last April A Clark County court has said that the classification of cannabis is against the Nevada constitution.
CEIC is a non-profit organization focused on policies that realize and enable opportunities for communities and people affected by the war on drugs. Poole was convicted of felony possession of a controlled substance for possessing cannabis —rear It has been legalized for both medical and recreational use.
West Juhl, director of communications and campaigns for the Nevada ACLU, believes the board’s classification of cannabis is inconsistent with the Nevada Constitution.
“Our state constitution is wrong as a matter of law because it specifically lists many medical uses of cannabis,” Juhl said. high times“The district court ruling was very clear in confirming this. We have made it very clear that we want to move away from old and outdated ideas about marijuana from the war on drugs.”
In Nevada, the discrepancy between the state’s constitution and the Commission’s policy mirrors the general discrepancy between state and federal law in states where cannabis is legal.
ACLU in Nevada case goes through appeals process
After gaining momentum, the lawsuit received backlash. Last November, Clark County District Court Judge Joe Hardy upheld the Nevada ACLU’s ruling that classifying cannabis as a Schedule 1 drug in Nevada is unconstitutional. The Nevada Pharmacy Board then appealed the district court’s ruling shortly thereafter.
Despite the appeal process, Nevada’s ACLU maintained its position. “Despite having passed laws legalizing medical and recreational marijuana possession by Nevada voters in 1998 and 2016, respectively, the Nevada State Pharmacy Commission has passed the Nevada Constitution, the Nevada Amendment Act, , and failed to honor the will of the Nevada voters.” press release.
“I think the idea that the Regulatory Commission is fighting this is legally ridiculous. There is no basis for it,” said Matthew Hoffmann, partner at Battle Born Injury Lawyers. Said FOX5 Explains Nevada Constitution Amended in 1998 —state explicitly Cannabis has medical purposes.
Putting cannabis on Schedule 1, as the federal government does, essentially means the board believes cannabis poses a higher risk than fentanyl and other Schedule II drugs. . Hoffman said federal classification has nothing to do with what state agencies do.
“It’s been a loophole that has led to the arrest and conviction of criminals over the past 20 years,” said Athar Haseebullah, executive director of the ACLU in Nevada. Said FOX5. “Fentanyl is listed as a Schedule 2 substance, and methamphetamine and cocaine are listed as Schedule 2 substances. Cannabis appears to pose more risk than these substances, according to the Nevada Pharmacy Commission.” Because of that,” Hasheebullah said.
ACLU chapters active in multiple states
In 2019, Pennsylvania’s ACLU sued Pennsylvania’s Lebanon County to allow parolees and probationers to consume cannabis. Despite legalizing medical cannabis within the state, Lebanon County initially chose to ignore the state law.
Also in 2019, the Arizona ACLU targeted the Maricopa County Attorney’s Office. The ACLU wrote to Maricopa County’s Attorney General Bill Montgomery requesting his office not to prosecute medical marijuana patients. The ACLU also demanded that Montgomery stop threatening patients. Previously, Montgomery had prosecuted and threatened licensed medical cannabis patients for possessing cannabis products sold in state-licensed dispensaries.
The Nevada ACLU’s lawsuit against the Nevada Pharmacy Commission is ongoing.