The U.S. Department of Justice is pushing a federal appeals court to keep the nationwide ban on cannabis in place, even though many states have already legalized it.
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They're arguing that Congress has the authority to regulate cannabis, thanks to the Controlled Substances Act (CSA), which is backed by a past Supreme Court decision.
Last Thursday, government lawyers filed a brief with the U.S. Court of Appeals for the First Circuit, pointing to the Supreme Court's earlier ruling that Congress can regulate marijuana under the Commerce Clause. This came from the famous 2005 case Gonzales v. Raich, which upheld federal marijuana prohibition. According to Green Market Report, the Justice Department thinks this ruling should stand, even as states take a different stance on cannabis.
On the other side of the argument is Canna Provisions Inc., a Massachusetts-based cannabis retailer, along with other companies like Verano Holdings. They're challenging the federal ban and trying to revive a lawsuit that was dismissed earlier this year. Back in July, U.S. District Judge Mark Mastroianni ruled that lower courts had to follow the Supreme Court’s 2005 decision unless the Court itself changed its mind.
Interestingly, this case is being led by high-profile attorney David Boies, who has a strong track record in constitutional law. He’s been involved in landmark cases, such as legalizing same-sex marriage and fighting the antitrust battle against Microsoft. Now, Boies is arguing that the federal cannabis ban no longer makes sense, especially with so many states legalizing it and federal enforcement policies evolving. If he wins, it could change the federal status of cannabis overnight.
This legal fight is happening at the same time as the Biden administration is reviewing the potential rescheduling of cannabis, which is another possible path forward for nationwide legalization.
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