 The Nevada Chapter of the ACLU is backing a lawsuit against the Nevada Board of Pharmacy over cannabis, which could potentially be the tipping point that finally gets the Federal Government to deschedulize cananbis and make it legal.
Nevada legalized cannabis for both medical and adult use in 2016. However, the state Board of Pharmacy still has it listed as a schedule 1 drug. As does the federal government. The plaintiffs in a newly filed lawsuit say that because the state Board of Pharmacy has failed to remove marijuana from their list of Schedule I drugs, that people are still at risk of being prosecuted for felonys like possession of cannabis with intent to sell, despite it being state legal. The loophole between state legalization and schedule 1 classification has the police still charging people with possession of a controlled substance with intent to sell even if it’s just marijuana. And because of this, the lawsuit asserts that it is unconstitutional for the Nevada Board of Pharmacy to keep cannabis listed as a Schedule 1 drug while also being state legalized for having medicinal value, and recreational use. If the plaintiffs win this case and the state of Nevada declassifies cannabis as a Schedule 1 drug, it could potentially effect the Federal classification as well. An attorney with the ACLU of Nevada, Sadmira Ramic, who is representing the plaintiffs in this case, said she feels that police are “aware” that cannabis has been legalized for medical and recreational use, but they’re still “finding ways to charge people with with marijuana,” disproportionately in minority and low-income communities. She also said that the Board of Pharmacy is similarly “aware” of the marijuana state laws, but have maintained its Schedule I status, although they are required to evaluate scheduling decisions annually. The plaintiffs who the ACLU lawyer is representing are an individual who was found guilty of a Class E felony for cannabis possession a year after it was legalized, along with the Cannabis Equity and Inclusion Community, or CEIC. They are a group who works to help people get prior marijuana convictions cleared and also assist disadvantaged communities to participate in the state-legal market. The founder of the CEIC, A’Esha Goins, said in a press release that it’s “disheartening that we are four years after legalization and we’re still dealing with policies that can derail people’s lives over cannabis possession.” The lawsuit was filed this past Friday—states that CEIC and the individual convicted, "are entitled to relief regarding the misclassification of marijuana, cannabis, and cannabis derivatives as Schedule I substances,” because this misclassification of cannabis has caused the plaintiff continued damage from having a felony, and the CEIC continues to expend their funds trying to assist these wrongly prosecuted people. The lawsuit is also asking the court to prohibit the state Board of Pharmacy from keeping cannabis in Schedule I. While all this is going on, Nevada’s cannabis market is still thriving. A report from the end of 2021 shows that retailers sold more than $1 billion worth of medical and recreational marijuana in a one-year period. And a big chunk of that is going to the state. In 2020, the governor pardoned more than 15,000 people who were convicted for low-level cannabis possession. That action was made possible by a resolution the state’s Board of Pardons Commissioners unanimously approved. Last year the governor also signed a bill to legalize marijuana consumption lounges in the state. And in August of 2021, a former Las Vegas police officer sued after facing termination because he tested positive for marijuana. He scored a significant procedural victory, with a district judge denying the police department’s request for summary judgement and the judge agreed that state law protects all employees’ lawful use of cannabis outside of work. Comments are closed.
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