Cannabis Businesses Fail to Win Lawsuit Challenging US Marijuana Ban
By Jace Dela Cruz
Jul 02, 2024 09:27 AM EDT
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.
(Photo : Rex Medlen from Pixabay)
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.
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.
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