A federal appeals court on Thursday appeared poised to reject claims by several Massachusetts marijuana businesses that the longstanding federal prohibition on the drug is no longer constitutional, according to Reuters.
The businesses, represented by attorney David Boies, argued that the legal and legislative landscape surrounding marijuana has shifted significantly since the U.S. Supreme Court upheld the federal ban in 2005.
Boies told the three-judge panel of the 1st U.S. Circuit Court of Appeals in Boston that the original justification for the ban—rooted in Congress’s goal of eradicating marijuana nationwide—has effectively been abandoned. He pointed out that 38 states, including Massachusetts, now allow marijuana use for medical or recreational purposes. He also cited Congress’s actions since 2014 barring the U.S. Department of Justice from interfering with state medical marijuana programs and its 2010 approval of medical marijuana in Washington, D.C.
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