Judge Says Pot CAN'T Be a Schedule 1 Drug!

Discussion in 'Marijuana News' started by Storm Crow, Oct 27, 2022.

  1. Could this be the beginning of getting cannabis de-scheduled or merely dropped to schedule 2 or 3? Cannabis really needs to be removed from the schedule! After all, it is safer to use than common aspirin (check the mortality rates for both!) and is about as addictive as coffee, so it simply doesn't fit the description of a schedule 1 drug!

    Clark County District Court judge rules Marijuana cannot be listed as Schedule 1 drug

    LAS VEGAS (KTNV) — A Clark County District Court judge has ruled that marijuana, cannabis, and cannabis derivatives must be removed from the controlled substances list.

    The ruling issued Wednesday also says that the Nevada State Board of Pharmacy is not authorized to regulate cannabis, since the board was ordered to remove the drug from the controlled substances list in September.

    Prosecutors claim that the pharmacy board continued to “forcibly” list cannabis as a Schedule 1 drug, alongside other illicit substances.

    The board’s attorneys argued that the will of the voters was “upheld” because the ballot measure did not specifically ask to reschedule marijuana.

    Previously, the ACLU of Nevada brought forth a lawsuit against the pharmacy board in April, representing the Cannabis, Equity and Inclusion Community on behalf of Las Vegas resident Antoine Poole, who was convicted of felony possession of a controlled substance for Marijuana in 2017.

    Nevada voters legalized medical cannabis use in 2000, and eventually legalized the recreational sale and use of cannabis in 2017.

    In his ruling, District Court Judge Joe Hardy said the medical value of cannabis is “enshrined in the Nevada Constitution” and the board “exceeded its authority when it placed or failed to remove marijuana, cannabis, and cannabis derivatives [from] its list.” (snipped)

    And just as a side note on the craziness of scheduling, here's something I post up once in a while-

    Let’s say I have 4 numbered test tubes filled with THC- they look the same, smell the same, and all of them will get you quite high. Test tube #1 is filled with THC extracted from a cannabis plant and is Schedule 1, so your doctor can not prescribe it. Now, test tube #2 is filled with Syndros, a new synthetic THC that is Schedule 2, so it can be prescribed with some restrictions. In #3 is a synthetic THC called Cesamet and it, too, is Schedule 2. The last test tube has Marinol, the oldest synthetic THC and it is Schedule 3, easily prescribed by your doctor.

    Only the natural THC from the cannabis plant (that you can easily grow) rates a Schedule 1 designation. Meanwhile, the synthetic forms (that you can't make at home) are quite legal with your doctor's prescription! So, does that make any sense to you? :confused_2: It sure makes lots of $en$e to Big Pharma!

    Granny :wave:
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  2. It sounds like the judge is right on the state level but as long as the opposition stays somewhat strong (half assed) at the fed level we will be where we are.
  3. Too bad the appeal to the Lop Sided Nine won't happen before midterms; would be yet another motivator to get the voters out with their likely overruling of this judgement in order to maintain the status quo.
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  4. cannabis had no amendment to the constitution to ban/ prohibit it ...
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