The US Department of Justice has taken a firm stance against the growing trend of state-level cannabis legalization. In a recent filing with the U.S. Court of Appeals for the First Circuit, the government argued for the continued validity of the federal ban on marijuana. They cite the Controlled Substances Act (CSA) and rely on Supreme Court precedent, asserting that Congress possesses the authority to regulate marijuana under the Commerce Clause. This legal challenge comes from Massachusetts-based retailer Canna Provisions Inc., backed by companies like Verano Holdings. Their goal is to overturn the federal ban, reigniting a lawsuit previously dismissed in July.
The lawsuit hinges on the Supreme Court’s 2005 ruling in Gonzales v. Raich, which upheld federal prohibition. Judge Mark Mastroianni, who dismissed the case in July, ruled that lower courts must adhere to this Supreme Court precedent unless the Court itself overturns it.
The plaintiffs, represented by the prominent attorney David Boies, are pushing for a reassessment of the federal ban. Boies, known for his role in landmark legal battles like the legalization of same-sex marriage and the antitrust case against Microsoft, argues that widespread state-level legalization and evolving federal enforcement policies have rendered the federal prohibition obsolete. Boies believes that the nation’s history of cannabis use and shifting regulations necessitate a fresh look at the federal ban.
A successful outcome for Boies would have a profound impact on the legal status of cannabis at a federal level. This legal battle coincides with the Biden administration’s ongoing review of cannabis rescheduling, one of the three possible avenues towards federal legalization. While the administration explores options for potential legalization, the legal challenge in the First Circuit Court of Appeals presents a significant opportunity for a more immediate shift in the legal landscape.
