Even though Nevada voters approved medical marijuana in 2000, under the existing law, it is almost impossible to get unless patients grown their own. A Las Vegas attorney looks at whether this makes Nevada’s medical marijuana law unconstitutional.
In a filing with the Nevada Supreme Court, the American Civil Liberties Union of Nevada claims the law is unconstitutional because it does not allow patients with prescriptions for medical marijuana to legally obtain it.
A law can be found unconstitutional if it is not possible to follow the law legally, say Nevada attorneys.
However, it appears the court filing comes at the same time Nevada legislators are visiting a medical marijuana dispensary in Arizona to see how the state has put into practice its medical marijuana law. Also, a bill sponsored by Senator Tick Segerblom of Las Vegas would authorize and regulate nonprofit medical marijuana dispensaries to serve those with medical marijuana cards.
If the law changes before the case comes before the Supreme Court, and patients legally obtaining medical marijuana, the case would likely be dismissed because the issue is legally moot, meaning there is no longer an issue to litigate even though the case was already filed.
So it appears the real issue is to wait and see if the legislature makes changes to the law before the Supreme Court hears the case.
If you need a free consultation a Las Vegas attorney at the law firm of Shumway Van & Hansen can usually schedule one with you within 24 hours.