The American Civil Liberties Union has filed a legal brief with the Nevada Supreme Court, claiming t hat Nevada’s medical marijuana law is unconstitutional, as it “restricts people from filling a legal prescription”.

According to the brief, the ACLU claims that the law is making criminals out of those “who make reasonable efforts” to obtain their medicine – a medicine that was declared legal in Nevada through a voter-enacted constitutional amendment in 2000.

Despite the legality of patients possessing and using marijuana for medical purposes, individuals can’t legally purchase it.

“There is no practical way to obtain medical marijuana in the state of Nevada,” stated Katrina M. Ross, staff attorney for the ACLU, in speaking with the Las Vegas Sun.

The brief comes after a decision made by Clark County District Court Judge Donald Mosley, which ruled the Nevada law invalid in a case where two men were indicted for operating a nonprofit medical marijuana collective. The ACLU agrees that the men shouldn’t be charged, as qualified patients in the state should have a legal right to access their medicine, a service that these men were providing.

To help address this issue, Senator Tick Segerbloms of Las Vegas filed a measure this week, Senate Bill 374, which would explicitly legalize nonprofit dispensaries in the state, as well as increase the amount of marijuana a patient or caregiver is allowed to possess, and cultivate.

To examine how a medical marijuana dispensary operates, six Nevada lawmakers are in Arizona today to study how the state regulates their clinics, as well as taking a tour through one of the state’s primary access points.

Despite what happens with the court case that the ACLU has got involved with, what’s clear is that Senate Bill 374 gives Nevadans an opportunity to get behind a measure to finally bring medical marijuana safe access to the state.

Constituents are urged to look up and contact their district’s legislators, asking for them to support this measure.

– TheJointBlog