The U.S. Supreme Court gave marijuana companies more time to file their appeal challenging federal cannabis prohibition, extending the deadline from August 25 to October 24. Justice Ketanji Brown Jackson approved the 60-day extension request filed by Boies Schiller Flexner LLP, which represents Canna Provisions, Gyasi Sellers, Wiseacre Farm, and Verano Holdings.
Attorneys said the additional time is necessary due to the “significant and complex constitutional issues” involved and to allow state governments, law professors, and advocacy groups to prepare supporting amicus briefs. The Justice Department did not oppose the extension.
The case seeks to overturn the landmark 2005 ruling Gonzales v. Raich, which upheld Congress’s authority to enforce federal prohibition even against state-legal cannabis activity. Plaintiffs argue that modern developments, including state legalization and shifting federal enforcement policies, have undermined the ruling. While lower courts dismissed the challenge, industry advocates see the appeal as a potential vehicle for the Supreme Court to revisit the federal government’s stance on marijuana. Justice Clarence Thomas previously suggested that Raich should be reconsidered, criticizing the government’s “half-in, half-out” approach to cannabis enforcement.
The petition would need support from at least four justices for the Court to hear the case.
