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Cannabis listing as a Schedule 1 substance is unconstitutional, ACLU Nevada says

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Published: Apr. 19, 2022 at 2:36 PM PDT
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LAS VEGAS, Nev. (FOX5) - Cannabis is legal for recreational use in the state, however it’s still listed as a Schedule-I substance through Nevada State Board of Pharmacy, and according to the American Civil Liberties Union of Nevada that listing is unconstitutional.

On Friday the foundation filed a writ with the intent of removing it from the state’s list of controlled substances. The ACLU is representing the Cannabis Equity and Inclusion Community (CEIC), a nonprofit organization that focuses on civic engagement and wiping convictions for those convicted with marijuana possession after it was legalized medically and recreationally.

For cannabis to be classified as a schedule-I substance, the Board of Pharmacy must find that is has no accepted medical use in treatment or it cannot be safely distributed to the public, according to an ACLU press release.

In 2000, Nevada voters ratified an amendment to the Nevada Constitution to legalize marijuana for medical use, in 2016 Nevadans voted to legalize marijuana for recreational use.

“Police departments and district attorneys in Nevada have wasted an immense amount of taxpayer dollars by seeking criminal convictions and penalties for small-time cannabis possession,” ACLU of Nevada Attorney Sadmira Ramic said. “Despite Nevada voters’ explicit desire to have cannabis treated like alcohol, it is readily apparent that they are treated very differently. The failure to remove cannabis as a schedule I substance not only goes against voters’ will, but it violates the Nevada Constitution which unequivocally recognizes cannabis’s medical value.”