The U.S. Department of Justice is pushing back against a challenge to the federal ban on marijuana, defending Congress’s authority to regulate the plant despite state-level legalization.
In a recent filing with the U.S. Court of Appeals for the First Circuit, the DOJ maintained that the Controlled Substances Act (CSA) remains valid law, even as marijuana reform gains momentum in many states.
The case was brought by Massachusetts-based Canna Provisions Inc., along with several other cannabis companies, seeking to overturn federal marijuana prohibition. They argue that widespread legalization at the state level undermines the need for federal restrictions. However, the DOJ pointed to the 2005 Supreme Court ruling in Gonzales v. Raich, which upheld the CSA and reaffirmed Congress’s right to regulate interstate commerce, including marijuana.
The plaintiffs, represented by attorney David Boies, argue that the federal government’s approach to marijuana is outdated and no longer justified, given the changing legal landscape. They claim that the increasing acceptance of marijuana across the country means the federal ban violates their liberty rights.
Despite these arguments, the DOJ contends that only the Supreme Court has the authority to overturn Raich. They argue that the plaintiffs’ claims about state legalization do not weaken federal jurisdiction over marijuana, as the Commerce Clause grants Congress the power to regulate controlled substances nationwide.
The case comes at a time when the Biden administration is considering rescheduling marijuana under federal law. The DOJ has proposed moving cannabis from Schedule I to Schedule III, which could reduce some restrictions but still leave federal oversight intact. The plaintiffs assert that such a change would further complicate the legal landscape, arguing that the federal government’s shifting stance on marijuana calls into question the continued relevance of Raich.
Oral arguments for the case are expected later this year.
