Cannabis Businesses Fail to Win Lawsuit Challenging US Marijuana Ban

By Jace Dela Cruz

Jul 02, 2024 09:27 AM EDT

A federal judge has dismissed a lawsuit filed by several Massachusetts cannabis businesses seeking to challenge the existing federal prohibition on marijuana.

According to Reuters, US District Judge Mark Mastroianni in Springfield ruled Monday that only the Supreme Court could reverse its 2005 ruling.

Foliage Cannabis

(Photo : Rex Medlen from Pixabay)

Cannabis Businesses in Massachusetts Challenge US Ban on Marijuana

The case involved several cannabis enterprises, represented by well-known litigator David Boies, who argued that the current federal ban on marijuana is unconstitutional given the substantial changes in state laws and public opinion over the past two decades.

They argued that the 2005 Supreme Court decision in Gonzales v. Raich, which upheld Congress' authority to criminalize marijuana under the Commerce Clause, should no longer apply.

READ NEXT: Brazil Decriminalizes Possession of Marijuana for Personal Use, First and Largest Country in Latin America to Do So 

Why the Legal Challenge Failed

Mark Mastroianni, appointed by former President Barack Obama, said that the lower courts are bound by the decisions of the Supreme Court. Thus, the judge noted that the relief sought "was beyond the authority of this court to grant," according to Reuters.

Mastroianni also rejected the argument that the federal ban violated due process rights, asserting there is no fundamental right to cultivate, process, or distribute marijuana. However, he said the plaintiffs could still seek relief or get their arguments before the Supreme Court for marijuana to be reclassified or removed from the Controlled Substances Act.

READ MORE: Oklahoma Farmers Raise Alarm Over Chinese-Owned Weed Farms, Armed Workers 

© 2024 VCPOST, All rights reserved. Do not reproduce without permission.

Join the Conversation

Real Time Analytics