The federal prohibition of cannabis may soon face its most significant challenge since its inception.

On May 27, 2025, the 1st U.S. Circuit Court of Appeals rejected a lawsuit by Massachusetts-based cannabis businesses seeking to overturn the federal ban on marijuana. The plaintiffs argued that the federal prohibition is outdated, citing Congress’s evolving stance and state-level legalization in 38 states, including Massachusetts. The court upheld the U.S. Supreme Court’s 2005 decision in Gonzales v. Raich, which affirmed Congress’s authority to criminalize marijuana possession under the Commerce Clause, even in states allowing medical use.
Jonathan Schiller, founding partner of Boies Schiller Flexner and chair of the board of trustees at Columbia University, who is representing the cannabis companies, said, “It is fair to assume that we shall seek Supreme Court review.”
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