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Pot Distribution Law Declared Unconstitutional

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File photo of marijuana. (credit: Marcus Nopa/Getty Images)

File photo of marijuana. (credit: Marcus Nopa/Getty Images)

The Las Vegas Morning News
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LAS VEGAS (AP) — In a decision destined for appeal to the Nevada Supreme Court, a state court judge has ruled the state’s medical marijuana distribution law is unconstitutional.

At the same time Friday, Clark County District Judge Donald Mosley dismissed drug trafficking charges against two men who operated a storefront pot dispensary in Las Vegas.

The Las Vegas Review-Journal reports (http://bit.ly/yxAW89 ) that in his order, Mosley concluded the law frustrates the intent of a voter-approved state constitutional amendment by failing to clear the way for a patient to legally obtain marijuana.

Prosecutors did not return a phone call seeking comment.

Mosley threw out charges Sept. 12 against the same two men, Sin City Co-Op owners Nathan Hamilton and Leonard Schwingdorf, but prosecutors obtained new indictments against them two days later.

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