A 42-year-old Las Vegas resident has filed a class-action lawsuit against Nevada, claiming that the state defrauded medical marijuana patients by charging them cardholder fees while refusing to license dispensaries.
The plaintiff, identified only as “John Doe,” has a history of migraines, and filed the suit “on his own behalf and on behalf of a class of those similarly situated.” It names the Nevada Department of Health and Human Services and Gov. Brian Sandoval as defendants.
The complaint claims that the state has failed to license any dispensaries in Clark County, where the suit was filed, while continuing to accept cardholder fees. The state has in fact licensed one Clark County dispensary, but it has yet to open amid a dispute with the county over how it can acquire cannabis.
Citing the equal protection clause of the U.S. Constitution, Doe seeks a ruling that would eliminate cardholder fees for medical marijuana patients, “in so much as no patient has to pay a tax in order to be able to receive any other treatment regime prescribed or recommended by a licensed physician.”
The suit also seeks to eliminate the registry of such patients, “in so much as no patient has to register with the state in order to be able to receive any other treatment regime prescribed or recommended by a licensed physician.”
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