Nevada Supreme Court looking at medical marijuana law ruling

Nevada's Supreme Court has taken up an appeal of a district judge's decision to declare the state's medical marijuana law unconstitutional.

The high court last week asked for a full briefing by Clark County prosecutors and defense attorneys about the law, which District Judge Donald Mosley called "absurd" and "ridiculous."

It won't be known whether the high court will hold oral arguments in the case until after the briefs are submitted, which could take about six months.

The court receives about 2,000 appeals a year and holds oral arguments in about 100 of those cases.

Earlier this month, Mosley, who has since retired, dismissed a drug trafficking case against Nathan Hamilton and Leonard Schwingdorf, who said they supplied the herb to patients unable to grow it themselves.

As it stands, one Nevada law allows medical marijuana cardholders to possess, deliver or produce minute amounts of marijuana for pain relief. But other state laws make it illegal to buy or sell marijuana, leaving no realistic way for patients to obtain the herb, defense lawyers argue.

Prosecutors say local marijuana dispensary staff suggested a specific cash donation for the marijuana, which under state law qualifies as "consideration" and is illegal.

Also, the dispensaries were growing more than the seven marijuana plants allowed under the medical marijuana law.

Under the constitutional amendment, ratified by Nevada voters in 2000, "the Legislature shall provide by law for ... appropriate methods for supply of the plant to patients authorized to use it."

Defense attorney Bob Draskovich has argued the only way a patient now can legally possess marijuana is to first commit a crime to obtain it.

By not clearing the way for a patient to legally obtain marijuana, the Legislature failed to abide by the amendment to the state constitution that led to the enactment of the law, the lawyer said.

Assistant District Attorney Chris Owens wouldn't comment on the appeal Wednesday because it was ongoing.

The state's high court could direct district courts to move forward with trials based on the criminal statutes or force the Legislature to review the medical marijuana law.

Their decision could affect more than a dozen defendants who are facing criminal charges for distributing medical marijuana.

Contact reporter Francis McCabe at fmccabe@review
journal.com or 702-380-1039.