LAS VEGAS (FOX5) — In Nevada, there are more than 100 marijuana dispensaries in operation but the drug remains classified under federal guidelines as Schedule 1, the same level as heroin.
Last week, President Trump instructed his acting attorney general to reclassify state-licensed medical marijuana as less dangerous on the federal level.
Though cannabis sales were legalized in Nevada years ago by a statewide vote, the Nevada State Board of Pharmacy continues to follow federal guidelines. Civil rights groups hope that’s about to change.
MORE ON FOX5: UNLV scientists welcome federal marijuana reclassification
The ACLU battled the Nevada State Board of Pharmacy for years trying to get them to follow state guidelines rather than federal when it comes to marijuana.
“Nevada voters have overwhelmingly and consistently made sure that cannabis was not to be treated as something as severe as heroin. But, you know, we’re in a situation where that’s in fact the status under law right now,” said Athar Haseebullah, ACLU of Nevada executive director.
“In 1990, Nevada voters actually stated that cannabis had medical value, which means it cannot be on the schedule one list,” Haseebullah said.
The classification has had a major impact on the lives of those with marijuana convictions.
“When somebody’s arrested for possession of a schedule one substance, there’s no clear indication what type of drug that is. There’s no indication as to whether or not that’s heroin or if that is cannabis,” Haseebullah said.
As FOX5 reported in 2022, one of the ACLU’s clients could not get a barber’s license because of a prior marijuana conviction.
“State occupational licensing authorities have denied these licenses, oftentimes in a really egregious fashion to those who are seeking licenses to get back to work for old cannabis convictions,” Haseebullah said. “Even the ability to go out and get a small business loan for someone who has a cannabis conviction from many, many years ago, or even if they were charged recently for it, seems ridiculous while we’re seeing dispensaries and other cannabis corporations continuing to profit.”
The Board of Pharmacy said if the federal government officially reschedules a controlled substance, it automatically triggers a state law. That law says after 60 days from a final published order, if no objection is made, the board shall adopt the change.
Reclassifying marijuana on the federal level could also have benefits for cannabis dispensaries and other businesses when it comes to banking. Even with state legalization, federally regulated banks have been restricted on working with cannabis businesses because of the scheduling status. Cash businesses working outside of a traditional banking system are a bigger target for criminals.
Also as FOX5 reported last week, UNLV said reclassification will help from a research perspective.
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