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MARIJUANA MOMENT
JUDGE SCHEDULES ORAL ARGUMENTS IN MARIJUANA COMPANIES’ LAWSUIT CHALLENGING
FEDERAL PROHIBITION
* Politics
* Judge Schedules Oral Arguments In Marijuana Companies’ Lawsuit Challenging
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National Labor Law
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Despite McConnell’s ‘Concerns’
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(Newsletter: April 25, 2024)
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* Progressives plan cannabis votes under Democratic majority (Newsletter:
April 23, 2024)
* Biden celebrates 4/20 with cannabis reform push (Newsletter: April 22,
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* Senate cannabis expungements bill (Newsletter: April 19, 2024)
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POLITICS
JUDGE SCHEDULES ORAL ARGUMENTS IN MARIJUANA COMPANIES’ LAWSUIT CHALLENGING
FEDERAL PROHIBITION
Published
4 seconds ago
on
April 25, 2024
By
Ben Adlin
A federal judge on Thursday agreed to schedule oral arguments in a case from
major U.S. marijuana companies that are seeking to shield in-state cannabis
activity from federal enforcement. The businesses have said in their lawsuit
against the federal government that the prohibition of marijuana has “no
rational basis,” pointing to officials’ largely hands-off approach to the recent
groundswell of state-level legalization.
The new order, from the U.S. District Court for the District of Massachusetts’s
Western Division, comes following the companies’ request for oral argument
earlier this month.
The in-court arguments will be held on May 22 at 10:30 a.m.
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stress.
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“The case presents multiple constitutional questions and concerns matters of
great importance both in the Commonwealth and nationwide,” the cannabis
companies said in their request for the court to schedule the meeting. “Oral
argument will allow for a meaningful review of these issues.”
The suit against the federal government—Canna Provisions v. Garland—is being led
by multi-state operator Verano Holdings Corp. and the Massachusetts-based
cannabis businesses Canna Provisions and Wiseacre Farm, along with Treevit CEO
Gyasi Sellers. Plaintiffs are represented by the law firms Boies Schiller and
Flexner LLP and Lesser, Newman, Aleo and Nasser LLP.
Litigator David Boies—whose list of prior clients includes the Justice
Department, former Vice President Al Gore and plaintiffs in the case that led to
the invalidation of California’s ban on same-sex marriage—is leading the suit.
Boies said in a letter this month to Judge Mark G. Mastroianni, an Obama
appointee, that oral arguments “would be particularly useful for addressing
points raised for the first time in Defendant’s reply brief, including whether
the Controlled Substances Act’s (CSA) bar on intrastate marijuana can be upheld
as an attempt to regulate ‘”marijuana tourism.’”
An earlier statement from the Department of Justice (DOJ) said the government
“takes no position on the request for oral argument.”
At issue in the case is the degree to which in-state cannabis activity affects
interstate commerce, with the government arguing that cannabis legalization
attracts out-of-state tourists.
DOJ argued in a filing earlier this month that “it is rational to conclude that
the regulated marijuana industry in Massachusetts fuels a different kind of
marijuana-related interstate commerce: marijuana tourism.”
“As the Supreme Court held decades ago, Congress has the authority to regulate
businesses that cater to tourists from out of state, even if the businesses’
transactions occur wholly in-state,” DOJ said in the brief.
Plaintiffs, meanwhile, contend the Constitution’s Commerce Clause should
preclude DOJ from interfering in state-legal activity because it is regulated
within a state’s borders.
The case is unfolding against the backdrop of a Drug Enforcement Administration
(DEA) review into marijuana scheduling under the CSA. The U.S. Department of
Health and Human Services (HHS) has recommended moving cannabis from Schedule I
to Schedule III.
And while the Biden administration has maintained that people should not be
criminalized over possession or use of marijuana, DOJ has continued to fight
reform efforts in courts, including this current case on broad prohibition, as
well as litigation challenging the ban on cannabis consumers’ gun rights.
> Key Congresswoman Says ‘Now Is The Time’ To Pass Marijuana Banking Bill,
> Despite McConnell’s ‘Concerns’
Photo elements courtesy of rawpixel and Philip Steffan.
Marijuana Moment is made possible with support from readers. If you rely on our
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Related Topics:featured
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Ben Adlin
Ben Adlin, a senior editor at Marijuana Moment, has been covering cannabis and
other drug policy issues professionally since 2011. He was previously a senior
news editor at Leafly, an associate editor at the Los Angeles Daily Journal and
a Coro Fellow in Public Affairs. He lives in Washington State.
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