The U.S. Supreme Court will announce on December 15 whether it will hear a major challenge to federal marijuana bans brought by state-licensed cannabis companies, a decision that could force a reckoning between national law and the patchwork of state-legal markets.
The justices are slated to discuss the petition in Canna Provisions Inc. v. Garland during a private conference on December 12. Four votes are needed to grant review, which would make it the first time the Court directly weighs the constitutionality of federal prohibition amid widespread state legalization.
Massachusetts-based plaintiffs Canna Provisions, Gyasi Sellers, Wiseacre Farm, and Verano Holdings argue in their October petition that the Controlled Substances Act’s (CSA) Schedule I classification for marijuana violates the Commerce Clause by criminalizing purely intrastate activity compliant with state regulations. They seek to overturn the 2005 Gonzales v. Raich ruling, which upheld federal authority over homegrown cannabis in California.
The case stems from a federal lawsuit dismissed by a lower court and rejected by the 1st U.S. Circuit Court of Appeals in May. The plaintiffs, represented by Boies Schiller Flexner LLP, contend Congress has effectively abandoned enforcement against state programs, creating untenable conflicts for businesses operating legally under local laws.
The Justice Department waived its right to respond on Monday, with Solicitor General D. John Sauer stating, “The Government hereby waives its right to file a response to the petition in this case, unless requested to do so by the Court.”
MORE: