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Judge Finds Nevada’s Medical Marijuana Program to be Constitutional

Nevada’s medical marijuana registration program is constitutional, a Clark County judge has ruled.

In a 38-page order filed Friday, District Judge Rob Bare also determined the state is legally immune from related claims of fraud and unjust enrichment.

“The court may not judge the wisdom or necessity of the registration program because the court is not the policy maker. …” Bare wrote. “The best avenue of redress is through the Legislature, not the courts.”

The ruling ends a class-action lawsuit filed Aug. 13 by a 42-year-old Las Vegas man with a history of migraine headaches. The man, identified only as John Doe, claimed the state had engaged in fraud and unjust enrichment by accepting fees for registration cards without giving patients a legal source of marijuana.

Nevada lawmakers voted to allow medical marijuana dispensaries and commercial growing in 2013, but the state’s first dispensary did not open until July 2015. The state’s second dispensary opened on Aug. 24 in Clark County. [Read more at the Las Vegas Review-Journal]

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