A federal appeals court has rejected a lawsuit brought by several marijuana businesses seeking to overturn the federal ban on marijuana, ruling that decades of state-level legalization efforts have not rendered the federal prohibition unconstitutional. The decision clears a path for the case to be appealed to the U.S. Supreme Court.
The 1st U.S. Circuit Court of Appeals, based in Boston, ruled against the plaintiffs in a case led by prominent attorney David Boies. The court found that despite major shifts in how marijuana is regulated and sold across the country, the federal government’s authority under the Controlled Substances Act (CSA) remains intact. The ruling upheld a lower court’s decision by U.S. District Judge Mark Mastroianni, who previously stated that only the Supreme Court could overturn its 2005 precedent in Gonzales v. Raich, which affirmed Congress’ power to prohibit marijuana under the Commerce Clause.
The plaintiffs—Canna Provisions, Wiseacre Farm, delivery business owner Gyasi Sellers, and multistate operator Verano Holdings—argued that Congress has effectively abandoned its intent to regulate all marijuana commerce, citing the growing number of legalization laws and funding restrictions placed on federal interference through the Rohrabacher-Farr Amendment. Boies also highlighted Congress’ 2010 decision to allow medical marijuana in D.C. as further proof of shifting federal attitudes.
However, Chief Judge David Barron, writing for the panel, said the CSA continues to apply fully to non-medical marijuana activity, which remains federally illegal. He warned that granting an exemption for recreational businesses would go far beyond the scope of what the Supreme Court rejected in Raich nearly 20 years ago.
With the appellate court ruling now final, plaintiffs have indicated they will pursue review by the U.S. Supreme Court. Attorney Jonathan Schiller stated it is “fair to assume” they will seek a hearing, setting the stage for a high court reconsideration of federal marijuana prohibition for the first time since 2005.
