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ACLU Joins Medical Pot Fray

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Photo Credit:  Getty Images

Photo Credit: Getty Images

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(LAS VEGAS, KXNT)–Six years after Nevada voters OK’d the legal possession of medical marijuana, there is no legal way for a medicinal marijuana card-holder to obtain it. And that, says the American civil Liberties Union, is unconstitutional.

The ACLU has filed a ‘friend of the court’ brief before the state Supreme Court challenging the 2007 voter-approved law, saying that the legislature and the state have not done their job in providing a mechanism for legally obtaining the medical pot.

The action is part of a the defense of two people in Las Vegas who were arrested on drug charges for dispensing marijuana through a facility they opened here. They were arrested during a police sting operation, after an officer obtained a medical marijuana card and purchased the drug at the dispensary.

The law firm representing the pair have challenged the law as part of their defense.

“They mechanism they (the state legislature) provided is so narrow and leaves certain terms undefined, and essentially still allows for criminal arrests for people who possess something that is constitutionally-protected”, the ACLU’s Katrina Ross told KXNT.

Thousands of Nevadans have obtained medical marijuana cards since passage of the law, but efforts to set up a system of licensed dispensaries have stalled.

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