A migraine sufferer currently identified only as John Doe has gone to the Nevada Supreme Court to ask them to lift the necessary state registration process and fees that come with being the holder of a medical marijuana card. The basis for his argument is that, since Nevada has legalized marijuana for recreational use by adults twenty-one and older, medical marijuana patients are being discriminated against due to stricter regulations.
Las Vegas attorney Jacob Hafter referred to the justices as “cowardly” in a scathing petition for a rehearing filed on John Doe’s behalf on Thursday. Justices were accused of side-stepping questions about questions regarding health care by throwing out Doe’s initial lawsuit earlier this week.
“Forcing medical marijuana card holders to register with the state violates their constitutional rights against self-incrimination given that the U.S. government still considers cannabis illegal,” Hafter wrote in the petition. The court stated that there were no Fifth Amendment violations because applying for a medical marijuana card is “strictly voluntary.”
They argued that Doe was not arguing for a right to healthcare, but rather “the right to smoke pot.”
“No court has recognized a fundamental right to use medical marijuana recommended by a physician and the use of medical marijuana is still prohibited under federal law and the laws of 22 states,” Chief Justice Michael Cherry wrote on Tuesday.
After the 7-0 ruling on Tuesday, Hafter had even more stern words for the lawmakers that denied Doe his right to be heard. “We have a system where if you want to use cannabis as medicine, you need to get permission from the state first and they need to monitor your acquisitions. But if you want to party, you can circumvent the state and go straight to the same dispensary and buy the same product,” he stated on that day, clearly criticizing the significant differences between how medical and recreational marijuana are treated.
Hafter is urging the court to “be brave enough” to reexamine Doe’s case.
Photo by Cannabis Culture