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A federal lawsuit filed by marijuana companies to overturn the cannabis prohibition through the courts has been re-opened.

Green Market Report The original lawsuit was reported to be Filed in October The well-known law firm Boies Schiller Flexner LLP was used by Chicago-based Verano Holdings Corp., along with Massachusetts-based Canna Provisions and Wiseacre Farm as well as entrepreneur Gyasi Sells to settle the dispute last year. It was Dismissed on July 1,, 2024. But the legal team said at the time that this was always part the long-term plans.

The dismissal stated that the plaintiffs had not yet proved that there is a “fundamental rights” under the U.S. Constitution for cannabis cultivation, but that this question is still under the jurisdiction of Congress. The court also found that the growth in the national marijuana industry, and the opting-in by dozens of states for legal cannabis, did not rise to the level of constitutional rights.

Schiller said at the time, “We are now in the appellate phase of this litigation which is what we have always expected, oneway or another.” He noted that even if cannabis companies had won the DOJ would still have appealed.

The First Circuit

The legal team filed the brief this week with the First Circuit appeals court. The brief stated that “This appeal raises multiple constitutional issues, including the correct standard for assessing Congress’s authority to regulate local trade under the Commerce Clause” and the “Necessary and Proper Clause”. This appeal involves issues that are important both to the Commonwealth of Massachusetts as well as nationwide.

The brief acknowledged dismissal by stating that the district court found that modern legalization trends are irrelevant under Dobbs. Dobbs still instructs courts to ignore contemporary practices when they are inconsistent in historical analysis. In their brief, they noted that marijuana is a flowering herb that has been cultivated in the United States at least since 1619. It has also been sold, distributed and used. Each of the Thirteen Colonies passed legislation to protect or encourage commerce in marijuana (then called hemp).

Supreme Court next

In July, the legal group said that it expected to petition to the U.S. Supreme Court for hearings after this step. Although it is still unclear whether the Supreme Court would agree to hear the case, Schiller believes that three conservatives on the court are leaning toward wanting to weigh-in. If this happens, “there may be a decision made next summer.” Schiller said that the latest I could imagine would be next summer.

Schiller said that a recent Supreme Court decision, which was a separate ruling, also affirmed this. Overturned The longstanding Chevron precedent could mean that the Biden Administration’s attempt at reclassifying marijuana as a Schedule I drug is not a good idea. Schedule III substance You may now also be in danger.

Schiller said, “I think that rescheduling has gone along with Chevron.”