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Judge denies motion to dismiss medical marijuana case

A judge Tuesday denied a motion to dismiss a criminal case against defendants who say they were distributing state-sanctioned medical marijuana.

District Judge Douglas Smith ruled the state law “is written with sufficient definiteness so as not to be void for vagueness.”

However, Smith acknowledged the Legislature might not have appropriately addressed “methods of supply of medicinal marijuana to patients authorized to use it.”

One Nevada law allows medical marijuana cardholders to possess, deliver or produce certain amounts of marijuana for pain relief. However, other state and federal laws make it illegal to buy or sell marijuana.

More than a dozen defendants facing criminal charges for distributing medical marijuana have argued the Nevada law is paradoxical.

However, authorities have cracked down and eliminated nearly all the local entities distributing marijuana to state-registered patients. They say the cooperatives are receiving compensation in forms of donations, violating Nevada law.

Contact reporter Francis McCabe at fmccabe@reviewjournal.com or 702-380-1039.

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