LAS VEGAS, Nev. (FOX5) – The ACLU of Nevada will appear before the Nevada Supreme Court in Las Vegas on April 9 to defend a District Court ruling finding that the state cannot classify cannabis as a Schedule I Controlled Substance.

According to an ACLU release, its attorneys will present oral arguments to an en banc panel of the Nevada Supreme Court at 2:30 p.m. Tuesday in Las Vegas. The case is Nevada Board of Pharmacy v. CEIC, case No. 85756.

Las Vegas cannabis lounges have to submit a DUI prevention plan to the compliance board.

The appeal hearing comes more than a year after Clark County District Court Judge Joe Hardy ruled the Pharmacy Board’s designation of cannabis as a Schedule I Controlled Substance was unconstitutional. In 2022, the ACLU of Nevada argued that the Pharmacy Board violated the state Constitution by including cannabis in the state’s list of Schedule I Controlled Substances, the most severe classification for drugs that have no medical value and can’t be safely distributed under medical supervision.

Voters previously enshrined medical cannabis in the Nevada Constitution, including a number of explicit conditions that are appropriate for treatment with cannabis, more than two decades before the ruling, preempting the authority of the state to continue to classify cannabis in such a fashion.

The ACLU also argued successfully that the State Pharmacy Board has no authority to schedule cannabis anymore because the Legislature gave that authority to the Cannabis Control Board. The lower court ruling has been stayed while the appeal proceeds.


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