The US Department of Justice (DOJ) has filed a brief in an appeals court case, arguing that a lawsuit challenging the federal prohibition on marijuana could undermine the Biden administration’s plan to reschedule the drug from Schedule I to Schedule III of the Controlled Substances Act (CSA). The lawsuit, filed by several marijuana companies, including Verano Holdings Corp. and Canna Provisions, claims that the federal ban on marijuana is unconstitutional and that Congress has abandoned its goal of eradicating the drug.
The DOJ’s filing argues that the lawsuit, if successful, could “frustrate” the administration’s plan to reschedule marijuana, which would allow for more research and development of the drug. The government also claims that the lawsuit’s argument that Congress has no authority to regulate marijuana under the CSA is “novel and erroneous.”
The lawsuit, which was filed in October, claims that the federal ban on marijuana is unconstitutional because it interferes with state-legal marijuana businesses. The plaintiffs argue that Congress has abandoned its goal of eradicating marijuana and has instead allowed states to regulate the drug.
In a brief filed in the US Court of Appeals for the First Circuit, the DOJ argues that the lawsuit’s claims are without merit and that the federal government has the authority to regulate marijuana under the CSA. The government also claims that the lawsuit’s argument that the federal ban on marijuana is unconstitutional because it interferes with state-legal businesses is “novel and erroneous.”
The case is currently being appealed to the First Circuit Court of Appeals, and it is likely to be heard by the Supreme Court in the future. The outcome of the case could have significant implications for the legal marijuana industry and the federal government’s approach to regulating the drug.
