A judge in Clark County, Nevada, ruled Wednesday that the state’s pharmacy board does not have the authority to regulate cannabis and cannabis derivatives under state law, ordering officials to remove marijuana from the state’s list of controlled substances. In the decision, Clark County District Court Judge Joe Hardy noted that the Nevada Pharmacy Commission “designates a substance as a ‘controlled substance,’ but that designation falls within the powers delegated by Congress.” If it is outside, the specification is invalid.”
The ruling was made on behalf of Antoine Poole and the Nevada American Civil Liberties Union, an organization that helps entrepreneurs set up businesses in Nevada’s legal cannabis industry. ACLUNV) filed against the Pharmacy Commission. Attorneys for ACLUNV argued that the Schedule 1 classification of cannabis was unconstitutional because voters legalized medical marijuana in his 1998 constitutional amendment. Hardy ruled last month that Schedule 1 classification is unconstitutional.
“The constitutional right to use marijuana on the advice of a physician establishes that marijuana has accepted medical uses and treatments in the United States.” Hardy Sentence in September Decision quoted by Las Vegas Review Journal.
A new ruling this week focuses on the pharmacy commission’s powers to regulate cannabis. ACLUNV attorneys say that despite the legalization of medical marijuana and the availability of regulated medical cannabis in Nevada since 2000, the pharmacy board does not consider cannabis to be illegal drugs such as heroin and methamphetamine. claimed to continue to list as well. Attorneys for the Pharmacy Commission argued that listing was warranted because marijuana continues to be listed as a Schedule 1 substance under federal law, but plaintiffs’ attorneys denied this claim.
Athar Haseebullah, executive director of the American Civil Liberties Union (ACLU) in Nevada, said, “The idea that state agencies can be involved in illegal activity because it’s done by the federal government is not the way it works.” said. On July 15, after the first hearing of the case. “They don’t work for the federal government. Here he’s not suing the DEA. He sued the State Pharmacy Board because this is a state action.”
in his judgment, hardy wrote “The board exceeded its authority when it listed or failed to remove marijuana, cannabis, and cannabis derivatives as Schedule I substances.”
Supporters applaud Nevada judge’s ruling
After the ruling, ACLUNV said the decision meant the Pharmacy Commission did not have the authority to regulate cannabis under any schedule. Contradictions persist in how cannabis is classified,” he said, praising the judge’s ruling.
“For some it’s Friday night drugs and good times, and for others it’s a felony,” Peterson said in a statement from the civil rights group. We are pleased with the resolution and will continue to work to ensure that the promise of cannabis decriminalization is fulfilled in Nevada.”
Sean Hauser, partner at cannabis and psychedelics law firm Vicente Cederberg LLP, said Hardy’s ruling was “an important step in cannabis reform that is in line with Congressional and public perceptions of the medical value of cannabis.” It’s a positive development and can be safely regulated.” and has not been properly classified as a Schedule 1 controlled substance with no approved medical uses. ”
“Like Colorado, Nevada has legalized cannabis through its constitution and developed a strong state regulatory system to govern the cannabis business,” Hauser said. “This case sets an important precedent that confirms that state agencies cannot take action contrary to state constitutional and statutory provisions, despite the illegality of cannabis under federal law. “
Ashley Dodson, president and co-founder of the Cannabis Equity and Inclusion Community, said Wednesday’s court ruling will help promote social equity in Nevada’s regulated cannabis industry.
“Cannabis has been legal in Nevada for decades, but that hasn’t stopped law enforcement from treating blacks and browns like criminals. We thank the state’s ACLU and Judge Hardy for conducting the hearing with fairness and dignity,” Dodson said in a statement. “As far as social equity is concerned, we have seen companies act strategically to keep blacks and browns out of unauthorized markets by blocking their path to property. With the final loophole enabling the criminalization of cannabis fallen by the wayside, CEIC returns to its original mission of helping the communities most affected by the failed drug war find their way into the industry. I hope that we can.”