Major marijuana companies are pushing forward with their legal battle against the U.S. government, filing an appellate brief to challenge federal cannabis prohibition. The case, now in the U.S. Court of Appeals for the First Circuit, questions the enforcement of federal laws on state-legal marijuana businesses.
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The companies argue that federal oversight is no longer necessary, pointing out that Congress has shifted its stance on marijuana regulation in recent decades. The brief contends that federal control over state-legal marijuana has diminished since the Supreme Court’s 2005 ruling in Gonzales v. Raich, and that the Controlled Substances Act’s (CSA) ban on state-regulated marijuana is outdated and unconstitutional.
“In the nearly twenty years since Raich, Congress has passed laws showing it no longer seeks total control over marijuana,” the filing states. The companies highlight several legislative changes, including a budget rider that prevents federal interference with state medical marijuana programs and Congress’s decision to allow marijuana legalization in Washington, D.C.
The appeal is part of a case initially dismissed by a district court in July. The plaintiffs, including Verano Holdings Corp., Canna Provisions, Wiseacre Farm, and Treevit CEO Gyasi Sellers, argue that the federal government no longer has the authority to ban marijuana in states where it is legal.
David Boies, a prominent attorney representing the plaintiffs, previously stated that while the district court ruled against the case, there are strong grounds for appeal. Boies and his team argue that cannabis cultivation and trade have deep historical roots in the U.S., further supporting the notion that marijuana should be exempt from federal prohibition when regulated at the state level.
The federal government’s legal team contends that allowing state-legal marijuana could impact interstate commerce, attracting out-of-state tourists and fueling marijuana-related commerce beyond state borders.
The companies hope the case will lead to a reevaluation of federal cannabis policy, especially as the Biden administration is set to discuss marijuana rescheduling later this year. The court has scheduled a hearing on the matter for December 2, 2024.
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