A Clark County judge ruled Wednesday that the Nevada Board of Pharmacy does not have the authority to regulate cannabis and cannabis derivatives under state law.
Judge Joe Hardy had previously ruled from the bench that the pharmacy board’s classification of cannabis as a Schedule 1 controlled substance violated the Nevada Constitution.
Wednesday’s ruling means the Nevada Board of Pharmacy cannot reschedule cannabis as a controlled substance under any schedule (Schedule 2, etc.).
Cannabis Equity and Inclusion Community President and Cofounder Ashley Dodson said:
“Cannabis has been legal in Nevada for decades, but that hasn’t stopped law enforcement from treating Black and Brown people like criminals. We’re grateful for the ACLU of Nevada for taking this case on and for Judge Hardy for hearing it with fairness and dignity. As far as social equity is concerned, we’ve seen businesses act strategically to keep Black and Brown people out of the unlicensed market by preventing pathways to ownership. CEIC is hopeful that as the last loopholes allowing for the criminalization of cannabis fall by the wayside, we can get back to our original mission of assisting the communities harmed the most by the failed War on Drugs find a way into the industry.”
ACLU of Nevada Legal Director Chris Peterson said:
“There’s been an ongoing inconsistency with how Nevada categorizes cannabis. For some people, it’s a medicine or a good time on a Friday night, and for some people it was a felony. We’re glad that we’ve now resolved this inconsistency to prevent further injustice, and we’ll continue our work to ensure that the promise of cannabis decriminalization is realized in Nevada.”
The case is CEIC v. Nevada Board of Pharmacy, and the judge's ruling can be found below:
