The Nevada Supreme Court last week overturned a lower court ruling that removed cannabis from the state’s list of Schedule I Controlled Substances.
In 2022, a Clark County District Court ruled that classifying cannabis as Schedule I was unconstitutional under Nevada law. The American Civil Liberties Union (ACLU) of Nevada had challenged the state’s classification, arguing that Schedule I is designated for substances without medical purpose that cannot be safely distributed and that the classification conflicted with Nevada’s medical and recreational marijuana laws. The lower court agreed with the ACLU’s position and acknowledged the inconsistency between state laws and voter-approved cannabis legalization measures.
But last week, the state’s Supreme Court overturned the ruling. The ACLU had pointed out that state law enforcement officers were still arresting people for cannabis possession even after the state legalized the drug, but the Supreme Court said that those arrests were not related to the state’s classification of marijuana and is allowing the state to continue classifying it as a Schedule I substance.
OK Secret Pot Shoppers Keep Quiet
The Oklahoma Medical Marijuana Authority (OMMA) launched a secret shopper program in January to oversee dispensaries. But now the agency is withholding operational details from lawmakers until its one-year anniversary, ostensibly to protect program integrity.
The program is the result of legislation written by Oklahoma Rep. Ty Burns that mandates inspections of at least 50 dispensaries by year-end and 10 percent of all dispensaries annually starting in 2025. According to Oklahoma Voice, Burns’ released emails between himself and the OMMA that show the agency has refused to disclose how many sites have been inspected since January or the results of those inspections.
The program ensures product labels accurately reflect potency and contaminants. Secret shoppers buy marijuana for compliance testing across four labs, with a fifth sample reserved. Failed tests trigger recalls and possible punitive actions.
Consumer advocates are concerned that the OMMA does not have the capacity to fulfill its inspection duties. The agency recently laid off 10 percent of its staff due to budget constraints and decreasing licenses and has to address a backlog of license renewals and ownership transfer requests.
Senate Blocks D.C. Weed Sales
Last week, a spending bill rider that prevents Washington, D.C. from using local tax dollars to legalize adult-use marijuana sales was approved, meaning D.C. voters will still be unable to buy legal marijuana from city-approved dispensaries, despite the drug being legalized in 2014.
The Senate Appropriations Committee advanced the Financial Services and General Government and Labor, Health and Human Services, and Education bill last week. Although the House initially omitted the D.C. rider that blocks the city from allowing legal marijuana sales, it was reinserted by Republican lawmakers.