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Nevada Judge Orders Board Of Pharmacy To Remove Marijuana From Schedule I Under Agency’s ‘Unconstitutional’ Code


A Nevada judge has ruled that the Board of Pharmacy’s classification of the drug as a Schedule I substance violates the state Constitution and that the agency “exceeded its authority” by making that designation.

Clark County District Court Judge Joe Hardy has previously determined that the Schedule I classification was unconstitutional based on the fact that the state has legalized it for medical and recreational use. But he withheld judgment at the time about the board’s regulatory authority in order to give petitioners and respondents time to submit filings in the case.

The submission deadline was October 5. Now, on Wednesday, the judge handed down his final, merit-based ruling that found the board “acted outside of its authority when it failed to remove cannabis from the list of Schedule I substance” when medical marijuana reform was enshrined in the state Constitution.

“The misclassification is unconstitutional and must be declared invalid,” the ruling says.