Justice Dept. Urges Court To Uphold Federal Cannabis Ban In High-Profile Case

The DOJ defends federal cannabis prohibition, citing Supreme Court precedent, despite state-level legalization.

The U.S. Department of Justice has urged a federal appeals court to maintain the nationwide ban on cannabis, defending Congress's broad authority to regulate the substance despite its legalization in many states.

In a brief filed last Thursday with the U.S. Court of Appeals for the First Circuit, government lawyers argued that the Controlled Substances Act (CSA) should be upheld, citing Supreme Court precedent that grants Congress the power to regulate marijuana under the Commerce Clause, reported Green Market Report.

The case, spearheaded by Massachusetts-based retailer Canna Provisions Inc. and supported by companies like Verano Holdings, aims to overturn the federal marijuana ban.

The plaintiffs are aiming to revive a lawsuit that was dismissed in July. U.S. District Judge Mark Mastroianni ruled that lower courts must follow the Supreme Court's 2005 decision in Gonzales v. Raich, which upheld federal prohibition unless the Court itself overturned the ruling.

Famous Attorney Leads The Case

The plaintiffs, represented by attorney David Boies, argue that federal prohibition is no longer justified due to widespread state-level legalization and evolving federal enforcement policies. Boies is an expert in constitutional law and is renowned for his role in groundbreaking legal battles, like legal same-sex marriage and the antitrust case against Microsoft.

Boies is contending that the shifts in cannabis regulation and the nation's history of cannabis use, necessitate a reexamination of the federal ban. If he were to win the case, this would immediately impact the status of cannabis at a federal level.

This legal battle coincides with the Biden administration’s ongoing review of cannabis rescheduling, another one of the three paths forward for cannabis legalization.