Nevada Supreme Court Reverses Ruling on Cannabis Classification

The Nevada Supreme Court has overturned a lower court ruling that had deemed the classification of cannabis as a Schedule I Controlled Substance unconstitutional. This decision came in response to a legal challenge from the ACLU of Nevada, which argued Schedule I status should be for substances deemed to have no medical use and high potential for abuse.

The ACLU of Nevada had taken the Board of Pharmacy to court, arguing that cannabis’s inclusion in Schedule I contradicted its recognized medicinal value, as established by Nevada voters in previous referendums. Although the Supreme Court’s procedural decision indicates that constitutional matters should be addressed in criminal cases, the controversy remains unresolved.

Athar Haseebullah, Executive Director of the ACLU of Nevada, criticized the decision, stating, “The Nevada Supreme Court’s procedural decision that unconstitutional criminal policies like the one here can only be raised during a criminal case doesn’t actually resolve this constitutional controversy and doesn’t advance justice for all.”

Haseebullah pointed to the disparity between the profitable cannabis industry and the potential legal risks faced by individuals for cannabis possession.

The classification of cannabis as a Schedule I substance, alongside drugs like fentanyl and methamphetamine, continues to conflict with the state’s recognition of its medicinal value. The scheduling discrepancy allows for felony prosecution despite the clear intent of voter-approved measures.

The ACLU of Nevada remains hopeful that the U.S. government will act to shift cannabis out of the federal Schedule I list following requests from a majority of Nevada legislators. They plan to challenge the scheduling loophole in criminal cases and seek a definitive ruling from the Supreme Court on this critical issue.

Legal Director Christopher Peterson of the ACLU of Nevada said there needs to be a consistent classification across state laws. He noted that the court is expected to issue a formal order regarding the classification change in the coming weeks. Additionally, Peterson advocates removing cannabis regulation authority from the Board of Pharmacy, suggesting that other executive agencies, like the Cannabis Compliance Board, are better suited for this role.