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Judge: Medical pot case charges to stand

Judge: Medical pot case charges to stand
A marijuana advocate holds a sign on Howard Street during the running of the 99th annual Bay to Breakers race in San Francisco on May 16, 2010. Thousands donned costumes or promoted causes in the 12km race across the city. UPI/Terry Schmitt | License Photo

LAS VEGAS, Sept. 28 (UPI) -- A Nevada judge has ruled a criminal case against the owners of a Las Vegas medical marijuana dispensary can proceed.

Clark County District Court Judge Doug Smith allowed an indictment to stand against six people arrested in a police raid of a dispensary called Jolly Green Meds, saying the state's medical marijuana laws aren't too vague to allow charges to stand, the Las Vegas Sun reported Tuesday.

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But the judge also noted Nevada's laws fail to provide a way for patients with a doctor's prescription to legally obtain marijuana.

Attorney Michael Cristalli, representing Jolly Green Meds owner Daniel Kinshella, said he would appeal to the Nevada Supreme Court.

"How can someone be placed on notice that they're committing a crime if the Constitution of the state authorizes what they're doing?" Cristalli asked.

A state constitutional amendment approved by voters in 2000 allows medical cardholders to grow and possess small amounts of marijuana, but other state and federal laws make it illegal to buy or sell marijuana.

The six defendants arrested at Jolly Green Meds face charges of felony conspiracy, sale of a controlled substance and possession of marijuana.

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