Sheriff, Clark County v. Luqman

OPINION

The Clark County Sheriff’s Department appeals from two orders granting pretrial habeas corpus relief to respondents who were arrested for violating various provisions of Nevada’s controlled substance act. There are three basic issues before this court: whether the 1981 amendment 1 to the Uniform Controlled Substances Act (UCSA) unconstitutionally delegates to the state board of pharmacy the legislative power to define the elements of a crime; whether the said amendment is unconstitutionally vague for failing to provide adequate notice of the conduct proscribed by its provisions; and,…