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Nevada\u2019s 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.<\/p>\n
The notice of appeal was filed last week, about a month after the Clark County District Court made its final ruling in the case<\/a>. Judge Joe Hardy had previously said that the board \u201cexceeded its authority\u201d by keeping cannabis in Schedule I.<\/p>\n The ACLU of Nevada\u00a0filed a lawsuit over the classification earlier this year<\/a>, 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 \u201cloophole\u201d that the civil rights group says conflicts with long-standing constitutional protections for medical marijuana patients.<\/p>\n \u201cFor more than 20 years, there\u2019s been an ongoing inconsistency with how Nevada categorizes cannabis,\u201d ACLU NV Legal Director Chris Peterson said<\/a> in a press release on Tuesday.<\/p>\n Stop trying to criminalize cannabis! <\/p>\n Want more info? \u2014 ACLU of Nevada (@ACLUNV) November 30, 2022<\/a><\/p>\n<\/blockquote>\n\n \u201cFor some people, it\u2019s a medicine or a good time on a Friday night, but for other people, it\u2019s continued to result in a felony charge, even after legalization,\u201d he said. \u201cThe District Court\u2019s ruling was thoughtful and strong, and we have no intention of backing down until we have fixed this inconsistency to prevent further injustice.\u201d<\/p>\n In a motion to stay last month\u2019s order, the board said that the court\u2019s ruling \u201crepresents a tectonic shift in State law with repercussions far beyond the scope of the Board\u2019s jurisdiction: it impacts State regulation of marijuana altogether, the delineation of what may or may not constitute criminal conduct and, ultimately, public safety.\u201d<\/p>\n The board described the rulemaking process for removing marijuana from the controlled substances list and said that, if it were to ultimately win its appeal and then have to undo that removal, it would be \u201ca task comparable to putting toothpaste back in the tube or unscrambling an egg.\u201d<\/p>\n The district court previously rejected a motion to dismiss the lawsuit<\/a> from the Board of Pharmacy.<\/p>\n ACLU NV is 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.<\/p>\n The organization contends that the legalization of marijuana for medical and recreational use through voter-approved ballot initiatives put regulatory authority over marijuana squarely in the jurisdiction of the state Cannabis Compliance Board (CCB)\u2014and the refusal of the Board of Pharmacy to declassify marijuana has led to unconstitutional prosecutions.<\/p>\n \u201cIt\u2019s shameful to see the Board of Pharmacy continue to waste state resources with this ridiculous appeal,\u201d ACLU NV Executive Director Athar Haseebullah said on Tuesday.<\/p>\n \u201cThe Board\u2019s continued support for criminalizing cannabis and continued representation of cannabis as more dangerous than fentanyl, cocaine, and methamphetamine raises serious questions of accountability and aptitude,\u201d he said. \u201cThe Board\u2019s actions during the initial case alongside this appeal are a prime example of government overreach and should be offensive to every Nevadan.\u201d<\/p>\n Meanwhile, Nevada marijuana regulators announced last week that they will be holding lotteries on Wednesday to select 20 independent cannabis consumption lounge licensees<\/a>, half of which will be reserved for social equity applicants.<\/p>\n Regulators said earlier this month that they\u00a0received about 100 applications for the new license type<\/a>\u00a0during a 10-day application window in October.<\/p>\n These developments come\u00a0more than a year\u00a0after Gov. Steve Sisolak (D) signed a bill<\/a>\u00a0from Assemblyman Steve Yeager (D) legalizing consumption lounges.<\/p>\n The governor touted Nevada\u2019s lounge law in a\u00a04\/20 op-ed for Marijuana Moment<\/a>\u00a0this year, writing: \u201cThe idea isn\u2019t new, but no one is doing it like we are in Nevada.\u201d<\/p>\n \u201cWhile most of the consumption lounges in other states don\u2019t offer food, beverages or other entertainment options,\u201d he said, \u201cNevada\u2019s lounges will be a one-stop entertainment shop to create jobs, grow the industry and boost our economy.\u201d<\/p>\n Marijuana sales\u00a0totaled just under $1 billion in Nevada<\/a>\u00a0in the 2022 Fiscal Year, generating more than $152 million in cannabis tax revenue, officials reported this month. Most of the proceeds are going toward funding schools.<\/p>\n Sisolak has committed to promoting equity and justice in the state\u2019s marijuana law. In 2020, for example, he\u00a0pardoned more than 15,000 people<\/a>\u00a0who were convicted for low-level cannabis possession. That action was made possible under\u00a0a resolution the governor introduced<\/a>\u00a0that was unanimously approved by the state\u2019s Board of Pardons Commissioners.<\/p>\n Read the Board of Pharmacy\u2019s recent court filings<\/a> in the cannabis scheduling case below:\u00a0<\/strong><\/p>\n\n On Marijuana Banking Bill, Congressman Is Balancing Optimism With Realism As Senate Talks Heat Up<\/a><\/p>\n<\/blockquote>\n\n Photo elements courtesy of rawpixel<\/a> and Philip Steffan<\/a>.<\/em><\/p>\n The post Nevada Pharmacy Board To Appeal Court Ruling On \u2018Unconstitutional\u2019 Marijuana Scheduling<\/a> appeared first on Marijuana Moment<\/a>.<\/p>\n
Nevada\u2019s 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 afterContinue Reading<\/a><\/span><\/p>\n","protected":false},"author":458,"featured_media":58752,"comment_status":"false","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[18,81],"tags":[],"_links":{"self":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/58751"}],"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\/458"}],"replies":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/comments?post=58751"}],"version-history":[{"count":1,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/58751\/revisions"}],"predecessor-version":[{"id":58753,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/posts\/58751\/revisions\/58753"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media\/58752"}],"wp:attachment":[{"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/media?parent=58751"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/categories?post=58751"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cannabiscultivatornews.com\/home\/index.php\/wp-json\/wp\/v2\/tags?post=58751"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n
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\nRead More: Nevada Pharmacy Board To Appeal Court Ruling On \u2018Unconstitutional\u2019 Marijuana Scheduling<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"