A Clark County District Court Judge Ruled That Marijuana and Cannabis Derivatives Must Be Removed From the Controlled Substances List

LAS VEGAS – A Clark County District Court judge has decided that cannabis, cannabis derivatives, and marijuana must be removed from the list of restricted narcotics.

The decision announced on Wednesday also states that the Nevada State Board of Pharmacy lacks the authority to regulate cannabis, as the board was directed in September to remove the drug off the list of restricted substances.

According to the prosecution, the pharmacy board continues to “forcefully” designate cannabis as a Schedule 1 drug, along with other illegal narcotics.

Attorneys for the board contended that the will of the voters was “upheld” because the ballot initiative did not expressly request rescheduling of marijuana.

Previously, in April, the ACLU of Nevada filed a complaint against the pharmacy board on behalf of Antoine Poole, a Las Vegas resident convicted of felony possession of a prohibited drug for marijuana in 2017.

Voters in Nevada authorized the medical use of cannabis in 2000 and the recreational sale and use of cannabis in 2017.

In his opinion, District Court Judge Joe Hardy stated that the medical usefulness of cannabis is “enshrined in the Nevada Constitution” and that the board “exceeded its power when it listed or failed to delete marijuana, cannabis, and cannabis derivatives”

The Cannabis Compliance Board is the sole regulatory organization empowered to supervise and regulate the legal marijuana business, according to Hardy.

Credits: KTNV

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