Federal Appeals Court to Hear Case Challenging US Marijuana Prohibition
A federal appeals court has scheduled oral arguments in a case seeking to overturn the US government’s prohibition on marijuana. The US Court of Appeals for the First Circuit will hear the case on December 5, just three days after a separate hearing on the Biden administration’s proposed rescheduling of marijuana.
The lawsuit was filed by several cannabis companies, including Verano Holdings Corp., Canna Provisions, Wiseacre Farm, and Treevit CEO Gyasi Sellers. They argue that the government’s ongoing prohibition on marijuana is unconstitutional, citing Congress’s failure to regulate the substance despite its legalization in many states.
The companies point to congressional budget riders that exempt medical marijuana from federal enforcement and allow marijuana legalization in the District of Columbia. They argue that Congress has abandoned its goal of eradicating marijuana and has instead allowed states to regulate it.
The case is being heard on appeal after a district court judge dismissed the challenge, ruling that the government’s authority to regulate substances under the Controlled Substances Act (CSA) takes precedence over state laws. The plaintiffs argue that the CSA’s ban on marijuana is unconstitutional and that Congress lacks the authority to regulate the substance.
The case is significant because it could potentially lead to a reevaluation of the federal government’s approach to marijuana prohibition. If the appeals court rules in favor of the plaintiffs, it could pave the way for the legalization of marijuana at the federal level.
The oral arguments will be held on December 5 at 9:30 a.m. in a Boston courthouse, and will be available to the public via live audio streaming. The court has also indicated that there will be no continuance of the case, except in the event of “grave cause.”
