Nevada Pharmacy Board To Appeal Court Ruling On ‘Unconstitutional’ Marijuana Scheduling

Nevada Pharmacy Board To Appeal Court Ruling On ‘Unconstitutional’ Marijuana Scheduling
MJ moment

Nevada’s Board of Pharmacy is seeking to appeal a recent court ruling that deemed its classification of marijuana as a Schedule I drug to be unconstitutional, and it wants the order to be stayed as the appeal proceeds. The notice of appeal was filed last week, about a month after the Clark County District Court made its final ruling in the case. Judge Joe Hardy had previously said that the board “exceeded its authority” by keeping cannabis in Schedule I. The ACLU of Nevada filed a lawsuit over the classification earlier this year, alleging that despite voter-approved legalization, police have continued to make marijuana-related arrests because the Board of Pharmacy has refused to remove cannabis from its controlled substances list. The ongoing restrictive designation has effectively created a legal “loophole” that the civil rights group says conflicts with long-standing constitutional protections for medical marijuana patients. “For more than 20 years, there’s been an ongoing inconsistency with how Nevada categorizes cannabis,” ACLU NV Legal Director Chris Peterson said in a press release on Tuesday. Stop trying to criminalize cannabis! Want more info? — ACLU of Nevada (@ACLUNV) November 30, 2022 “For some people, it’s a medicine or a good time on a Friday night, but for other people, it’s continued to result in a felony charge, even after legalization,” he said. “The District Court’s ruling was thoughtful and strong, and we have no intention of backing down until we have fixed this inconsistency to prevent further injustice.” In a motion to stay last month’s order, the board said that the court’s ruling “represents a tectonic shift in State law with repercussions far beyond the scope of the Board’s jurisdiction: it impacts State regulation of marijuana altogether, the delineation of what may or may not constitute criminal conduct and, ultimately, public…

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Source : Nevada Pharmacy Board To Appeal Court Ruling On ‘Unconstitutional’ Marijuana Scheduling

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