A federal judge has scheduled oral arguments in a landmark case where multiple marijuana companies are challenging the U.S. prohibition on marijuana.
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 US District Court for the District of Massachusetts’s Western Division has scheduled oral arguments for May 22.
“The case presents multiple constitutional questions and concerns matters of great importance both in the Commonwealth and nationwide. Oral argument will allow for a meaningful review of these issues”, argued the coalition of marijuana companies in requesting the hearing.
In January the Justice Department sought to have the case dismissed. The dismissal request was rejected by the courts.
The lawsuit 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.”
