By Despite Nevada’s legalization of cannabis for medical and recreational purposes, police continue to arrest people for possession because the state’s drug commission refuses to reschedule it. This could change quickly with a new ruling.
On September 14, a judge ordered the Nevada Pharmacy Commission to remove cannabis from its list of Schedule 1 substances. ACLU Nevada Filed in April last year.
“For a substance to be classified as a Schedule 1 controlled substance, the Regulatory Affairs Board must confirm that the substance has no medical value and cannot be safely distributed,” Nevada’s ACLU communication and campaign director Wes Juhl said. high times“However, the Nevada Constitution provides that cannabis has medical uses as a matter of law. The Constitution lists many diagnoses for which marijuana can be used as a treatment.”
According to the Drug Enforcement Administration (DEA), Schedule 1 substances are classified as having “no current approved medical use and high potential for abuse”. Cannabis is classified alongside drugs such as heroin and LSD.
Clark County District Judge Joe Hardy ruled that listing cannabis under Schedule 1 was inconsistent with the Nevada Constitution because the Constitution clearly states that cannabis has medical uses. Did.
ACLU Nevada represents the Cannabis Equity and Inclusion Community (CEIC). Case, CEIC v. Nevada Pharmacy CommissionThe lawsuit was filed in Clark County Court in April last year, according to. press release.
“Instead of treating cannabis like alcohol and removing it from the state’s controlled substance list, Nevada is ignoring the state constitution and the will of the people,” ACLU Nevada said at the time.
ACLU Nevada sued the board on behalf of Antoinette Poole, who was convicted of cannabis possession. Arrested in 2017, Poole was charged with a Class E felony.
The judge ruled in Poole’s favor, but the debate is not over. The judge did not rule on whether the board had the authority to regulate cannabis.
“A finding of the unconstitutionality of the particular statute underlying a conviction may be grounds for overturning that conviction through cases where that remedy is specifically sought,” said the ACLU Nevada office. Director General Athar Haseebullah said: Said of Nevada Current“Similarly, no further charges will be permitted under this amorphous schedule category, where cannabis is listed next to heroin.”
Plaintiffs argued that the board could not restrict cannabis because cannabis was not restricted by state law.
“The board may only schedule substances under congression-imposed restrictions if one has a high potential for abuse and then two have no medical use or cannot be safely distributed.” said Chris, ACLU Nevada Legal Director. Peterson told the judge.
Board General Counsel Brett Cant argued that the federal recognition and classification of cannabis as a Schedule 1 substance should apply to Nevada as well.
In several other states that have legalized marijuana, legislators have directed drug commissions to remove cannabis from Schedule 1 as well.
Meanwhile, other efforts are being made in the state to protect people convicted of cannabis-related offenses.
Last month, three nonprofits, Southern Nevada Legal Aid Center, nevada legal servicesWhen american code— was granted a total of $1.2 million from cannabis tax revenues from Clark County CommissionCode for America, which received $200,000 of this amount, will investigate how to implement automatic record seals.
Bay Area-based California-based Code for America has months left to determine what it needs to do to speed up this process.Some hope they can regain their attention Congressional Bill 192also known as the Nevada Second Chance Act, Passed in 2019.
