Federal Judge Dismisses Massachusetts Cannabis Businesses’ Lawsuit Against Federal Prohibition

A federal judge dismissed a lawsuit from several Massachusetts cannabis businesses challenging the constitutionality of federal marijuana prohibition. The businesses, represented by litigator David Boies, argued the federal ban on marijuana was outdated given the evolving landscape of marijuana regulation.

U.S. District Judge Mark Mastroianni, appointed by former President Barack Obama, ruled that only the U.S. Supreme Court could overturn its 2005 decision in Gonzales v. Raich, which upheld Congress’s authority to criminalize marijuana possession and use under the Commerce Clause, even in states permitting medical marijuana use.

Judge Mastroianni stated, “the relief sought is inconsistent with binding Supreme Court precedent and, therefore, beyond the authority of this court to grant.” He also rejected claims that the federal ban violated the businesses’ due process rights, emphasizing there is no precedent for a fundamental right to cultivate, process, and distribute marijuana.

The judge noted that the businesses could still seek relief by bringing their arguments before the Supreme Court or advocating for marijuana to be reclassified or removed from the Controlled Substances Act (CSA). Joshua Schiller, a lawyer for the plaintiffs at Boies Schiller & Flexner, said the ruling was anticipated and that his clients would appeal, potentially taking the matter to the Supreme Court.

The lawsuit, filed in October by Canna Provisions, marijuana delivery business owner Gyasi Sellers, grower Wiseacre Farm, and multistate operator Verano Holdings, argued that the federal government’s shifting approach to marijuana enforcement meant the 2005 ruling was no longer applicable. As 38 states, including Massachusetts, have legalized marijuana for medical or recreational use, they contended that the Supreme Court’s earlier decision should be reconsidered.

Their legal team highlighted recent moves by the U.S. Justice Department, which in April reclassified marijuana as a Schedule III drug instead of Schedule I, indicating a less severe federal stance on marijuana use. Boies also referenced a 2021 statement by conservative Justice Clarence Thomas, suggesting that the reasoning behind the 2005 ruling might no longer be valid.

The case, Canna Provisions Inc v. Garland, continues as the plaintiffs plan to appeal the dismissal, potentially escalating the legal battle to the nation’s highest court.