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Tag: Raich

  • Supreme Court Told Cannabis Ban is Outdated

    Supreme Court Told Cannabis Ban is Outdated

    Two libertarian advocacy groups — the Cato Institute and Pacific Legal Foundation — filed amicus briefs supporting a petition in Canna Provisions Inc. v. Bondi/Garland, which asks the U.S. Supreme Court to reconsider the federal marijuana ban under the Controlled Substances Act (CSA). They argue that the Court’s 2005 ruling in Gonzales v. Raich, which upheld federal authority over intrastate cannabis activity, is outdated given widespread state legalization and shifting federal enforcement.

    A third group, the Americans for Prosperity Foundation, has also filed a brief urging the Court to take the case, claiming the CSA’s application to state-regulated, intrastate marijuana markets exceeds Congress’s commerce-clause powers.

    A recent federal appeals court decision rejecting a similar challenge reaffirmed that Raich remains controlling — underscoring that only the Supreme Court can revisit the precedent.

    The justices will consider the petition at their December 12 conference and announce on December 15 whether they will hear the case. A ruling limiting federal authority over intrastate cannabis activity could have broader implications for federal-state regulatory power, potentially affecting future oversight of nicotine products, heated tobacco, and other controlled substances.

  • Supreme Court Grants Extension in Cannabis Industry Challenge to Federal Ban

    Supreme Court Grants Extension in Cannabis Industry Challenge to Federal Ban

    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.