The Nevada Supreme Court is allowing the state Board of Pharmacy to continue classifying marijuana as a Schedule I drug under state law, despite the fact that cannabis is legal there for medical and recreational purposes.
On Monday, the Supreme Court reversed a 2022 ruling from the Clark County District Court that had deemed the board’s designation of marijuana as a Schedule I drug to be unconstitutional. All seven high court justices agreed that, procedurally, the lower court shouldn’t have been able to make their judgement outside of a criminal case.
ACLU of Nevada filed a lawsuit over the state’s cannabis classification in 2022, alleging that despite voters approving a legalization ballot measure in 2016, police have continued to make marijuana-related arrests because the Board of Pharmacy has refused to remove cannabis from its controlled substances list.
The organization was representing the Cannabis Equity and Inclusion Community (CEIC) and Antoinette Poole, a Nevada resident who was found guilty of a Class E felony for cannabis possession in 2017, in the case.
“As a threshold matter, while the declarations establish that Poole and at least one of CEIC’s members sustained a possession-of-marijuana conviction after medical marijuana was legalized, they do not
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