Judge calls it right on state medical marijuana law
On his last day on the bench, District Court Judge Donald Mosley — who retired Friday at the age of 65 — issued his most strongly worded condemnation yet of the absurd state of Nevada’s medical marijuana law, calling it “ridiculous” and “absurd.”
Judge Mosley dismissed a drug trafficking case against Nathan Hamilton and Leonard Schwingdorf, who said they supplied the herb to patients unable to grow it themselves.
“It is apparent to the Court that the statutory scheme set out for the lawful distribution of medical marijuana is either poorly contemplated or purposely constructed to frustrate the implementation of constitutionally mandated access to the substance,” Mosley wrote in his decision.
In 2010, Nevada voters ratified an amendment to the state constitution, legalizing marijuana for medical use and instructing that “The Legislature shall provide by law for … appropriate methods for supply of the plant to patients authorized to use it.”
But defense attorney Bob Draskovich, whose firm represents both men, says the only way a patient can now legally possess marijuana is to first commit a crime to obtain it. Friday, Judge Mosley agreed.
As it stands, one Nevada law allows medical marijuana cardholders to possess, deliver or produce minute amounts of marijuana. But other state laws make it illegal to buy or sell marijuana, leaving no realistic way for patients to obtain it.
Prosecutors say local marijuana dispensary staff, including Messrs. Hamilton and Schwingdorf, 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 plants allowed.
Mosley found those restrictions ridiculous.
“It is absurd to suppose that from an unspecified source ‘free’ marijuana will be provided to those who are lawfully empowered to receive it,” Mosley wrote.
The Supreme Court is now expected to resolve the conflicting rulings on the law.
Judge Mosley — principled and plain-spoken — was long a credit to the bench. Again, as usual, he was right on Friday. The high court should instruct the Legislature to revamp the law in sensible accordance with the wish of the voters — albeit 12 years late.
The actions of local law enforcement and prosecutors are also currently inappropriate, as their oath requires them to give precedence to “protecting and defending the constitution of the state of Nevada” — which, as Judge Mosley points out, no longer envisions legitimate marijuana patients or their purveyors being hauled to court or jail.
