Nevada Judge Allows Lawsuit Challenging State’s Refusal To Reschedule Marijuana To Proceed

Nevada Judge Allows Lawsuit Challenging State’s Refusal To Reschedule Marijuana To Proceed
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“I think it’s clear that the goal of the petitioners is to have marijuana descheduled altogether.” By Dana Gentry, Nevada Current A legal effort by the ACLU of Nevada to force the Nevada Board of Pharmacy to remove cannabis from its Schedule I of controlled substances will proceed, Clark County Judge Joe Hardy ruled Wednesday when he denied the board’s motion to dismiss the ACLU’s lawsuit. ACLUNV says individuals are still being arrested for cannabis possession based on the Board of Pharmacy’s inclusion of the substance as a Schedule I drug. It is suing on behalf of Antoinette Poole, a man convicted of possession of a controlled substance for possessing marijuana. ACLUNV is seeking a judicial order telling the Nevada Board of Pharmacy to remove cannabis and its derivatives from the list of Schedule I substances, which are defined as having no accepted medical use or unable to be safely distributed. @aclunv UPDATE: The District Court has denied Nevada Board of Pharmacy’s motion to dismiss our case brought against them on behalf of CEIC! #courtcase #aclutok #nevadalaw #lawyertok ♬ Aesthetic Girl – Yusei The civil liberties group argues the position conflicts with Nevada voters’ approval of medicinal marijuana in two consecutive elections more than two decades ago. The Nevada Constitution allows for the “use by a patient, upon the advice of his physician, of a plant of the genus Cannabis for the treatment or alleviation of cancer, glaucoma, acquired immunodeficiency syndrome…or other chronic or debilitating medical conditions.” “The standard for determining whether a drug has accepted medical use in treatment in the United States is how it’s treated on the federal level,” Brett Kandt, general counsel for the Board of Pharmacy, told Hardy. “The Nevada Legislature has never deemed it necessary to deschedule or reschedule marijuana to fulfill that constitutional mandate,”…

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Source : Nevada Judge Allows Lawsuit Challenging State’s Refusal To Reschedule Marijuana To Proceed

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