[[{“value”:”
Ongoing legal efforts to overturn the federal prohibition of cannabis were heard in the US Court of Appeals this week yesterday, but plaintiffs seemingly failed to convince the judges of their arguments.
As previously reported by Business of Cannabis, a legal campaign from a collective of companies led by Verano Holdings Corp, alongside Massachusetts-based businesses Canna Provisions, Wiseacre Farm, and Treevit CEO Gyasi Sellers, is calling for a 2005 Supreme Court ruling to be overturned.
In the case, which was submitted last October, they argue that ongoing federal cannabis prohibition lacks a rational basis, especially considering the increasing number of states legalizing and regulating cannabis.
On Thursday the US Court of Appeals for the First Circuit heard oral arguments from the plaintiffs, represented by attorney David Boies.
During the session, he argued that Congress has abandoned its goal of eradicating cannabis, citing policy developments like the Rohrabacher-Farr amendment, which prohibits federal interference with state-authorized medical cannabis programs.
Boies said that this shift in federal policy undermines the government’s authority to regulate purely intrastate cannabis commerce.
However, the appeals panel, led by Chief Judge David J. Barron, pushed back on Boies’ assertions, noting that commercial cannabis sales are ‘pretty far from’ the Supreme Court’s 1942 Wickard v. Filburn ruling, which established broad Commerce Clause powers.
Judge Barron questioned how the plaintiffs’ proposed constitutional limitations would not undermine the CSA’s operation, given the interstate nature of the cannabis market.
Department of Justice (DOJ) attorney Daniel Aguilar further countered that Congress retains its constitutional authority to regulate cannabis, even if it has chosen not to enforce certain aspects of the CSA. Aguilar warned that a ruling in favor of the plaintiffs would frustrate efforts to reschedule cannabis from Schedule I to Schedule III, a move currently under consideration by the Drug Enforcement Administration (DEA).
A decision from the First Circuit is expected in the coming months, with the plaintiffs planning to petition the Supreme Court if unsuccessful.
The hearing follows a dismissal of the case by a US state court in July, which ruled that only the Supreme Court could make such a decision, and that lower courts must follow existing precedent unless otherwise instructed by the Supreme Court.
With this dismissal being largely expected, the group sought the intervention of the appeals court to revisit the issue.
In October the DOJ filed a brief with the First District court, arguing that Congress holds authority to regulate cannabis under its power to make laws necessary to regulate commerce between states, citing Supreme Court precedent.
“}]] Ongoing legal efforts to overturn the federal prohibition of cannabis were heard in the US Court of Appeals this week yesterday, but plaintiffs seemingly failed to convince the judges of their arguments. Read More
