Judge Rules Against Government’s Request to Dismiss Lawsuit Challenging Cannabis Schedule 1 Status

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.

With this confusing loophole, the Nevada police have been charging people with possession of a controlled substance with intent to sell, even if it’s just a small amount of marijuana. This has caused people to be at risk of felony prosecution, for something that is state legal.

​In light of this, the Nevada Chapter of the ACLU is backing a lawsuit against the Nevada Board of Pharmacy over their failure to remove cannabis from their list of Schedule I drugs. 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.

The plaintiffs include an individual who was found guilty of a Class E felony for cannabis possession a year after it was legalized, and 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.”

Their lawsuit states that “CEIC and Mr. Poole 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 require the state Board of Pharmacy to remove cannabis as a Schedule I drug.

An attorney with the ACLU of Nevada, Sadmira Ramic, who is representing the plaintiffs in this case, said she feels that police are “finding ways to charge people with with marijuana,” and that the Board of Pharmacy is “aware” of the marijuana state laws, but have maintained its Schedule I status, despite being required to evaluate scheduling decisions each year.

Since filing the lawsuit in April, the Nevada State Board of Pharmacy filed a motion asking the courts to dismiss the case against them.

This week, Brett Kandt, general counsel for the Board of Pharmacy, told Judge Joe Hardy, “I think it’s clear that the goal of the petitioners is to have marijuana descheduled altogether.” When the Judge asked Kandt why he believed this, Attorney Kandt said, “That’s the result, because if this is a judicial determination, that schedule one is unconstitutional, and further judicial determination that the Board of Pharmacy has no authority to schedule marijuana, then it’s simply descheduled all together."

Clark County Judge Joe Hardy denied the Board of Pharmacy’s motion to dismiss the suit, and agreed that the case may proceed.

​This case is absolutely one to watch unfold, as potentially ‘winning’ could indeed deschedule cananbis in the state, and the country. ACLU tweet

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