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Nevadans, like voters in many states, have chosen to legalize marijuana for medicinal and recreational use. In Nevada, these changes—adopted through citizen ballot initiatives and, in the case of medical marijuana, enshrined in the Nevada Constitution—were intended to ensure that marijuana is regulated much like alcohol and that law enforcement resources are focused on violent crime, not the prosecution of non-violent drug offenses. Despite these legal changes, Nevada’s Board of Pharmacy continues to regulate marijuana as a Schedule I controlled substance for purposes of state law, akin to the Board’s treatment of cocaine and fentanyl. The Board’s scheduling designation for marijuana has enormous implications for criminal defendants in Nevada since state law makes it a felony to possess or engage in certain other activity with respect to a Schedule I controlled substance, as designated by the Board. This case, brought by an individual and organization harmed by the Board’s scheduling designation for marijuana, involves the question whether the designation violates the Nevada Constitution and state statutes. The ºìÐÓÊÓƵ of Nevada is counsel in the case, and the ºìÐÓÊÓƵ’s State Supreme Court Initiative is co-counsel on appeal. In August 2024, the Court held that Pool and CEIC lack standing to challenge marijuana's designation as a Schedule I substance but recognized that other individuals could appropriately do so in the future. The Court did not reach the merits in reversing the district court’s positive decision.

This case challenges a presumption of pretrial detention that applies to nearly all people charged with federal drug offenses.

Whether federal courts have the power to remedy systemic unconstitutional pretrial detention practices that remain unchecked by state courts.

Rosas v. Luna is a class action lawsuit brought by the ºìÐÓÊÓƵ of Southern California (ºìÐÓÊÓƵ SoCal), the ºìÐÓÊÓƵ’s National Prison Project (NPP), and the law firm of Paul Hastings LLP in 2012 against the Los Angeles Sheriff’s Department (LASD) over its routine, excessive, and unnecessary use of force against incarcerated people in the Los Angeles Jail system.