According to a motion filed by the United States Department of Justice, they are seeking to have a lawsuit dismissed that would protect businesses following state marijuana laws.
In a motion filed with the U.S. District Court for the District of Massachusetts in the case CANNA PROVISIONS, Gyasi Sellers, Wiseacre Farm, Verano Holdings, v. Merrick Garland (in his official Capacity as Attorney General of the United States), the Justice Department says it will be seeking a motion to dismiss the lawsuit prior to the court-appointed deadline of January 23.
The lawsuit in question claims that continuing marijuana prohibition, in particular enforcing federal marijuana policy on states that have legalized the plant, is unconstitutional and harms public safety.
“What was once a single-minded federal crusade against the cannabis plant has been replaced with an ambivalent set of inconsistent policies, some aimed at reducing federal interference with state efforts to regulate marijuana,” says the lawsuit. “In short, the federal government has long ago abandoned the goal of eliminating marijuana from commerce. Nor does Congress have any comprehensive—or even consistent and rational—approach to marijuana regulation. This inconsistent, patchwork approach to marijuana regulation provides no basis for Congress to regulate intrastate marijuana.”
The lawsuit states that “prohibition is to the detriment of the states, their citizens, and Plaintiffs. Not only do Plaintiffs face the potential risk of enforcement, their businesses also face numerous hurdles that result directly from the CSA’s treatment of intrastate marijuana.”
Although it’s unsurprising to see the Justice Department oppose efforts to loosen marijuana laws, the filing from the department comes as other agencies in the Biden Administration – particularly the Department of Health and Human Services (HHS) and Drug Enforcement Administration (DEA) – are discussing and considering rescheduling marijuana.
Congressional Researchers say it’s “likely” marijuana will be moves to Schedule III, legalizing it nationwide for prescription use, by the end of 2024.
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