Ongoing legal efforts to overturn the federal prohibition of cannabis received a welcome boon this week, as the appeals court scheduled a date for oral arguments to take place.
As previously reported by Business of Cannabis, a legal campaign from a collective of companies led by Verano Holdings Corp, alongside Massachusetts-based businesses Canna Provisions, Wiseacre Farm, and Treevit CEO Gyasi Sellers, is calling for a 2005 Supreme Court ruling to be overturned.
In the case, which was submitted last October, they argue that ongoing federal cannabis prohibition lacks a rational basis, especially considering the increasing number of states legalizing and regulating cannabis.
Boies case update:
Great news! The First Circuit just scheduled oral arguments in our appeal for December 5 at 930amin Boston. This is a very welcome development. The court does not always hold oral argument on an appeal, nor hold it this quickly. The December 5 date means…
— Jason Wild (@JasonGWild) October 23, 2024
It refers to the 2005 Gonzales v. Raich case, in which it was ruled that federal prohibition must be maintained under the Controlled Substances Act (CSA) so as to avoid interstate commerce.
In July, the case was dismissed by a US state court, ruling that only the Supreme Court could make such a decision, and that lower courts must follow existing precedent unless otherwise instructed by the Supreme Court
With this dismissal being largely expected, the group sought the intervention of the appeals court to revisit the issue.
Now, the US Court of Appeals for the First Circuit has scheduled oral arguments for December 05, just days after another vital federal hearing on cannabis rescheduling.
Earlier this month (October 10), the DOJ filed a brief with the US Court of Appeals for the First District, arguing that Congress holds authority to regulate cannabis under its power to make laws necessary to regulate commerce between states, citing Supreme Court precedent.
Jason Wild, founder of TerrAscend, welcomed Wednesday’s announcement of oral arguments in the case, explaining that ‘the court does not always hold oral arguments on an appeal, nor hold it this quickly’.
This will come as welcome news for the campaign, which looked increasingly in doubt of success following the DOJ’s latest interjection.
The post Legal Campaign to Overturn Federal Cannabis Prohibition Gets Oral Arguments Date in ‘Great News’ for Plaintiffs appeared first on Business of Cannabis.
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