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U.S. District Court Dismisses Lawsuit Challenging Federal Prohibition

July 2, 2024

The U.S. District Court for the District of Massachusetts, Western Division has dismissed a challenge to federal cannabis prohibition brought by leading multistate operators and argued by the firm of prominent attorney David Boies. The lawsuit argues that the government’s enforcement of the Controlled Substances Act is unconstitutional and places undue burdens on cannabis businesses.

In his ruling, Judge Mark G. Mastroianni said that Supreme Court precedent holds that the federal government has sway over the regulation of controlled substances even within state borders. But he also said there are persuasive reasons to reexamine the current status of cannabis as a Schedule I drug, a process which the Justice Department has already set in motion.

The plaintiffs, who plan to appeal the decision, include prominent cannabis companies like Verano, Green Thumb Industries, TerrAscend, and Ascend Wellness, along with Massachusetts-based cannabis operators Gyasi Sellers (CEO and founder of Treevit), Canna Provisions, and Wiseacre Farm, as well as Eminence Capital and Poseidon Investment Management.—Daniel Marsteller

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