Cannabis Equity & Inclusion Community v. Nevada Board of Pharmacy | American Civil Liberties Union

Voters legalized medical use of cannabis in Nevada through a ballot initiative in 2000 that is now enshrined in the Nevada Constitution under article 4, section 38. Voters also legalized cannabis for recreational usage in Nevada in 2017.

However, despite the clear will of voters, Nevada’s State Board of Pharmacy, which is led by unelected officials, continues to regulate cannabis as a Schedule I controlled substance.

Cannabis Equity & Inclusion Community (CEIC) and Antoine Poole are among those Nevadans harmed by the Board’s scheduling determination for cannabis. They sued the Board in Nevada state court, seeking a writ of mandamus requiring the Board to remove its designation of marijuana as a Schedule I substance, along with declaratory and injunctive relief. The Eighth Judicial District Court of Clark County granted relief. It concluded that the Board’s scheduling designation, which rested on the Board’s conclusion that marijuana has no accepted medical value, was inconsistent with the Nevada Constitution, which expressly recognizes marijuana’s medical use. Further, the court concluded that the statutory regime created by voters when they legalized recreational marijuana use had displaced any authority the Board once had to regulate marijuana. The Board appealed.

Together with the ACLU of Nevada, the ACLU’s State Supreme Court Initiative is co-counsel for CEIC and Mr. Poole on appeal. Briefing in the appeal is now complete, and the parties are awaiting an argument date.