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MARIJUANA MOMENT
MARIJUANA COMPANIES WANT COURT HEARING IN CASE CHALLENGING FEDERAL PROHIBITION
TO BE STREAMED ONLINE NEXT WEEK
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POLITICS
MARIJUANA COMPANIES WANT COURT HEARING IN CASE CHALLENGING FEDERAL PROHIBITION
TO BE STREAMED ONLINE NEXT WEEK
Published
4 seconds ago
on
May 17, 2024
By
Kyle Jaeger
Major marijuana companies are asking a federal court to grant remote public
access to a hearing next week in a case where they’re seeking to shield in-state
cannabis activity from federal enforcement. And the Justice Department says it
has “no position” on the request.
The hearing before the U.S. District Court for the District of Massachusetts’s
Western Division is scheduled to take place on Wednesday. Attorneys for the
plaintiffs stressed in a motion filed on Friday that the “dispute involves
questions of public concern,” and they’ve “received a number of requests from
members of the press who are seeking means to observe the hearing remotely
because they are unable to attend the hearing.”
“Permitting the hearing to be accessed remotely will not prejudice the parties
in any manner,” they said, adding that allowing access via video conference or
telephone would work. “Plaintiffs’ counsel conferred with Defendant’s counsel,
who confirmed that Defendant takes no position on this motion.”
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The suit against the federal government—Canna Provisions v. Garland—is being led
by multi-state operator Verano Holdings Corp. and the Massachusetts-based
cannabis businesses Canna Provisions and Wiseacre Farm, along with Treevit CEO
Gyasi Sellers. Plaintiffs are represented by the law firms Boies Schiller and
Flexner LLP and Lesser, Newman, Aleo and Nasser LLP.
Litigator David Boies—whose list of prior clients includes the Justice
Department, former Vice President Al Gore and plaintiffs in the case that led to
the invalidation of California’s ban on same-sex marriage—is leading the suit.
The cannabis businesses have said in their lawsuit against the federal
government that the prohibition of marijuana has “no rational basis,” pointing
to officials’ largely hands-off approach to the recent groundswell of
state-level legalization.
When plaintiffs made their request for oral arguments last month that was
accepted by Obama-appointee Judge Mark G. Mastroianni, DOJ similarly took no
position.
At issue in the case is the degree to which in-state cannabis activity affects
interstate commerce, with the government arguing that cannabis legalization
attracts out-of-state tourists.
DOJ argued in a filing last month that “it is rational to conclude that the
regulated marijuana industry in Massachusetts fuels a different kind of
marijuana-related interstate commerce: marijuana tourism.”
“As the Supreme Court held decades ago, Congress has the authority to regulate
businesses that cater to tourists from out of state, even if the businesses’
transactions occur wholly in-state,” DOJ said in the brief.
Plaintiffs, meanwhile, contend the Constitution’s Commerce Clause should
preclude DOJ from interfering in state-legal activity because it is regulated
within a state’s borders.
The filing of the latest motion comes just one day after the President Joe Biden
announced that his administration is formally moving to reschedule marijuana,
with a proposal set to be published in the Federal Register next Tuesday to
place cannabis in Schedule III of the Controlled Substances Act (CSA).
Attorney General Merrick Garland, a chief defendant in the marijuana industry
litigation, signed off on the proposed rule on Thursday. But reclassifying
cannabis as Schedule III would not federally legalize it, so it seems unlikely
that rulemaking will influence DOJ’s position in the federal court case at hand.
Read the motion on press access to the hearing on marijuana prohibition below:
> Where Presidential Candidate Donald Trump Stands On Marijuana
Photo elements courtesy of rawpixel and Philip Steffan.
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Kyle Jaeger
Kyle Jaeger is Marijuana Moment's Sacramento-based managing editor. His work has
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