Both recreational and medical cannabis is legal in the state of Nevada. It has been more than 20 years since Nevada legalized medical cannabis. Even though cannabis is legal in the state of Nevada, it remains a schedule 1 drug federally and according to the Nevada State Board of Pharmacy. In recent news, Clark County District Judge Joe Hardy ruled the state’s Constitution to be at odds with the State Board of Pharmacy’s listing of cannabis as a schedule 1 substance. Under the schedule I listing, cannabis is a drug with no accepted medical use and a high potential for addiction and abuse. However, if you take a look at the Nevada state constitution, it paints a much different picture of medical cannabis.
According to the Constitution of the State of Nevada, ARTICLE 4, section 38, Use of plant of genus Cannabis for medical purposes states, “The legislature shall provide by law for (a) The use by a patient, upon the advice of his physician, of a plant of the genus Cannabis for the treatment or alleviation of cancer, glaucoma, acquired immunodeficiency syndrome; severe, persistent nausea of cachexia resulting from these or other chronic or debilitating medical conditions; epilepsy and other disorders characterized by seizure; multiple sclerosis and other disorders characterized by muscular spasticity; or other conditions approved pursuant to law for such treatment.”
Because of this, Judge Joe Hardy ordered the Nevada State Board of Pharmacy to remove cannabis from its listing as a schedule 1 substance. The Nevada State Constitution clearly acknowledges the medicinal uses of medical cannabis. Medical cannabis patients in the state of Nevada utilize the therapeutic attributes of medical cannabis for a multitude of different reasons. Cannabis is helping people control symptoms associated with chronic pain, anxiety, depression, and illnesses such as epilepsy, Crohn’s disease, and others. Medical cannabis most certainly does have medicinal uses. Anyone on the State Board of Pharmacy that fails to see this should have their position reconsidered. But, and there are a lot of really big buts involved in this one, there are always two sides to every story.
Medical Cannabis Has Many Medical Uses Unless You’re the Federal Government or the Nevada Board of Pharmacy
The Nevada Board of Pharmacy makes the argument that cannabis is a schedule 1 substance according to the United States federal government, saying that classification should be honored by the state of Nevada. The listing of cannabis as a schedule 1 substance has been a continued source for arresting medical cannabis patients in the state of Nevada. This lawsuit and ruling by judge Hardy aim to correct this issue and prevent it from happening in the future.
This puts lawmakers in a bit of a cannabis conundrum. On one hand, states still have to support federal law. On the other hand, the federal law states are supporting is severely outdated and built on a foundation of racism and lies. To say that medical cannabis has no accepted medical value is a bold lie. Any medical professional that doesn’t see the value of medical cannabis has been brainwashed by decades of American government anti-marijuana propaganda.
The United States federal government could save taxpayers a lot of headaches, and a lot of hard-earned money could be utilized more resourcefully if they would just end their outdated draconian stance supporting continued marijuana prohibition. Marijuana prohibition that effectively started in 1937 and went into full swing in 1971 was an epic failure. American politicians are fortunate that people don’t demand justice in the form of charges like they do with war crimes. The attempted eradication of cannabis was also labeled as a “war on drugs.” Being that the people won this war and the federal government lost, it should be possible to hold those who supported immoral marijuana prohibition accountable for their actions. Instead, we just ask them to change policy and support the viewpoints of the American people. We see where that’s getting us.
Unconstitutionality and the Cannabis Conundrum
Luckily there are people watching out for medical cannabis patients in states like Nevada. Being a medical cannabis patient gives you a certain layer of confidence and protection in certain circumstances. Like if authorities try to arrest you under the precipice of cannabis being a schedule 1 substance. According to the ACLUNV, “Individuals are still being arrested for cannabis possession based on the Board of Pharmacy inclusion of cannabis as a schedule 1 drug.” as was the case with Antoinette Pool.
The ACLUNV executive director Athar Haseebullah told the media, “A finding of unconstitutionality of the specific statute underlying a conviction could be a basis to overturn that conviction through a case where that relief is specifically sought. Just the same, charges moving forward won’t be permitted to be brought under this amorphous scheduling category where cannabis is listed next to heroin.” Media sources say that the ACLUNV will be suing the Nevada Board of Pharmacy for attorney fees.
Make Your Voice Heard and Your Votes Count
This is an argument that doesn’t need to take place. Cannabis remains a schedule 1 substance, according to the United States Federal government. Let us not forget the false promises of our current president regarding the rescheduling of cannabis. Most likely, the issue of removing cannabis from its current listing as a schedule 1 substance won’t come up until 2024, when the new presidential election is upon us.
The way we can make a difference is by letting our voices be heard. Medical cannabis has many different medical uses. We can learn even more if it was removed from its schedule 1 listing. Other countries like Israel are decades ahead of us in the field of cannabinoid therapies and cannabinoid research. Let your local representative know that you support medical cannabis, and they should be too. Let them know if they choose not to support medical cannabis and bring about a positive change, you will no longer support them.
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