{"id":55885,"date":"2022-07-14T06:36:53","date_gmt":"2022-07-14T14:36:53","guid":{"rendered":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2022\/07\/14\/nevada-judge-allows-lawsuit-challenging-states-refusal-to-reschedule-marijuana-to-proceed\/"},"modified":"2022-07-14T08:45:36","modified_gmt":"2022-07-14T16:45:36","slug":"nevada-judge-allows-lawsuit-challenging-states-refusal-to-reschedule-marijuana-to-proceed","status":"publish","type":"post","link":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/2022\/07\/14\/nevada-judge-allows-lawsuit-challenging-states-refusal-to-reschedule-marijuana-to-proceed\/","title":{"rendered":"Nevada Judge Allows Lawsuit Challenging State\u2019s Refusal To Reschedule Marijuana To Proceed"},"content":{"rendered":"<\/p>\n

\u201cI think it\u2019s clear that the goal of the petitioners is to have marijuana descheduled altogether.\u201d<\/em><\/p>\n

By Dana Gentry, Nevada Current<\/strong><\/p>\n

A legal effort by the ACLU of Nevada to force the Nevada Board of Pharmacy to remove cannabis from its Schedule I<\/a>\u00a0of controlled substances will proceed, Clark County Judge Joe Hardy ruled Wednesday when he denied the board\u2019s motion to dismiss the ACLU\u2019s lawsuit.<\/p>\n

ACLUNV says individuals are still being arrested for cannabis possession based on the Board of Pharmacy\u2019s 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.<\/p>\n

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.<\/p>\n

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@aclunv<\/a> <\/p>\n

UPDATE: The District Court has denied Nevada Board of Pharmacy\u2019s motion to dismiss our case brought against them on behalf of CEIC! #courtcase<\/a> #aclutok<\/a> #nevadalaw<\/a> #lawyertok<\/a><\/p>\n

\u266c Aesthetic Girl \u2013 Yusei<\/a> <\/p>\n<\/section>\n<\/blockquote>\n

The civil liberties group argues the position conflicts with Nevada voters\u2019 approval of medicinal marijuana<\/a> in two consecutive elections more than two decades ago.<\/p>\n

The Nevada Constitution allows for the \u201cuse 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\u2026or other chronic or debilitating medical conditions.\u201d<\/p>\n

\u201cThe standard for determining whether a drug has accepted medical use in treatment in the United States is how it\u2019s treated on the federal level,\u201d Brett Kandt, general counsel for the Board of Pharmacy, told Hardy.<\/p>\n

\u201cThe Nevada Legislature has never deemed it necessary to deschedule or reschedule marijuana to fulfill that constitutional mandate,\u201d Kandt noted. \u201cIn that time, they have passed at least nine pieces of legislation to implement the voters will. They\u2019ve never deemed it necessary.\u201d<\/p>\n

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The Nevada Board of Pharmacy continues to schedule #cannabis<\/a> as a Schedule I substance, which violates the Nevada Constitution. Stop treating cannabis like a crime! It\u2019s time to go to court!https:\/\/t.co\/I38Ws4jhAV<\/a><\/p>\n

\u2014 ACLU of Nevada (@ACLUNV) July 13, 2022<\/a><\/p>\n<\/blockquote>\n

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ACLUNV attorney Sadmira Ramic argued the Legislature had no need to do so because it would have been redundant. She said the state\u2019s creation of the Cannabis Control Board to regulate marijuana eliminated the Board of Pharmacy\u2019s role.<\/p>\n

\u201cI think it\u2019s clear that the goal of the petitioners is to have marijuana descheduled altogether,\u201d Kandt said. Hardy asked Kandt why he believed that was the plaintiffs\u2019 goal.<\/p>\n

\u201cThat\u2019s 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\u2019s simply descheduled all together,\u201d Kandt replied.<\/p>\n

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BIG UPDATE: The District Court has DENIED the NV Board of Pharmacy’s Motion to Dismiss our case on behalf of @CEICNV<\/a> et al. challenging the constitutionality of the Board’s listing of cannabis on Sched. 1. Case to be decided on the merits! Great argument by @ACLUNV<\/a>‘s Samie Ramic! pic.twitter.com\/oDAcBpLNiF<\/a><\/p>\n

\u2014 Athar Haseebullah, Esq. (@atharesq) July 13, 2022<\/a><\/p>\n<\/blockquote>\n

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Hardy denied the Board of Pharmacy\u2019s motion to dismiss the suit.<\/p>\n

\u201cI want to think this will be an issue that resolves with briefs but I don\u2019t want to state at this early juncture that we\u2019re not going to have a trial,\u201d he said. \u201cThat\u2019s always a possibility.\u201d<\/p>\n

This story was first published by Nevada Current.<\/em><\/a><\/p>\n

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House Approves Marijuana And Psychedelics Amendments As Part Of Must-Pass Defense Bill<\/a><\/p>\n<\/blockquote>\n

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Photo elements courtesy of rawpixel<\/a> and Philip Steffan<\/a>.<\/em><\/p>\n

The post Nevada Judge Allows Lawsuit Challenging State\u2019s Refusal To Reschedule Marijuana To Proceed<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n


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\nRead More: Nevada Judge Allows Lawsuit Challenging State\u2019s Refusal To Reschedule Marijuana To Proceed<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cI think it\u2019s clear that the goal of the petitioners is to have marijuana descheduled altogether.\u201d 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\u00a0of controlled substances will proceed, Clark County JudgeContinue Reading<\/a><\/span><\/p>\n","protected":false},"author":459,"featured_media":0,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/55885"}],"collection":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/users\/459"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=55885"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/55885\/revisions"}],"predecessor-version":[{"id":55886,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/55885\/revisions\/55886"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=55885"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=55885"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=55885"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}