Cannabis Remains Schedule I Drug in Nevada After Court Ruling

5 August 2024

The Nevada Supreme Court has overturned a 2022 lower court decision that questioned the legality of classifying cannabis as a Schedule I substance under state law. This ruling enables the Nevada State Board of Pharmacy to continue categorizing cannabis alongside drugs like heroin and cocaine, despite its legalization for both medical and recreational purposes. The court’s decision was based on procedural issues, including the determination that the plaintiffs lacked the legal standing to pursue the case.

This outcome highlights ongoing contradictions in Nevada’s cannabis regulations. While voters approved medical marijuana in 2000 and legalized recreational use in 2016, the Schedule I classification implies cannabis has no recognized medical benefits and poses a high potential for abuse. Advocacy groups argue this outdated designation conflicts with the Nevada Constitution, undermines voter-approved measures, and creates inconsistencies in state-controlled substance laws.

The implications for Nevada’s cannabis users and industry are significant. Regulatory overlaps between the Nevada Cannabis Compliance Board and the Nevada State Board of Pharmacy have led to confusion and legal risks, particularly for medical patients and individuals navigating conflicting statutes. Advocates are calling for lawmakers to address these inconsistencies, either through legislative changes or further legal challenges. Reforming the Nevada Controlled Substances Act or clearly delineating the roles of state agencies could help resolve these issues and bring cannabis regulations in line with voter intent and the state’s current legalization policies.