In a reversal of a previous ruling by District Judge Joe Hardy Jr., the Nevada Supreme Court has decided to uphold the state Board of Pharmacy’s classification of marijuana as a Schedule I drug, alongside heroin and LSD. This decision comes despite the Nevada Legislature’s establishment of the Cannabis Compliance Board in 2019 to regulate marijuana.

The ruling was issued in response to a lawsuit filed by Antoine Poole and the Cannabis Equity and Inclusion Community organization, who argued that the classification was unconstitutional. However, the Supreme Court determined that the plaintiffs lacked the standing to challenge the classification outside of a criminal case.

Brett Kandt, general counsel for the Board of Pharmacy, expressed satisfaction with the court’s decision, while Athar Haseebullah, executive director of the ACLU of Nevada, expressed disappointment and vowed to continue challenging the issue.

The ACLU plans to collaborate with criminal defense attorneys to raise the issue in future legal cases. Haseebullah emphasized that regardless of any federal reclassification of marijuana, it should not remain on any scheduled drug list in Nevada.

The ruling raises concerns about the potential for selective prosecution under laws applicable to Schedule I drugs, as individuals can still be charged with marijuana-related crimes.

Source: Review Journal