A Clark County judge ruled in September that the Nevada State Board of Pharmacy must remove cannabis from the state’s list of Schedule I substances, but regulators aren’t ready to do so just yet.

Clark County District Judge Joe Hardy issued the ruling Sept. 14 in a lawsuit filed by the ACLU of Nevada, which sued on behalf of Antoinette Poole, who was convicted of possession of a controlled substance for possessing cannabis.

The Board of Pharmacy argued that since the federal government lists cannabis as a Schedule I drug, the state should as well, despite Nevada legalizing cannabis for both medical and adult use.

Hardy ultimately ruled that listing cannabis as a Schedule I drug conflicts with the state Constitution, which states that cannabis has medical uses after Nevada voters passed a ballot measure to legalize medical cannabis in 2000. The state then legalized adult-use cannabis in the 2016 election.

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Now, the Board of Pharmacy is appealing Hardy’s decision, according to a local News 3 report, and regulators have also asked that the state hold off on enforcing the ruling.