A federal judge has approved a request from marijuana companies to allow public access to a crucial hearing this week in a significant case concerning shielding in-state cannabis activity from federal enforcement.
Agreement Reached Quickly
Just three days after the cannabis firms made the request—and with no opposition from the Justice Department—the U.S. District Court for the District of Massachusetts’s Western Division agreed to make Wednesday morning’s hearing accessible via phone and/or online streaming.
Public Interest in the Case
Attorneys for the plaintiffs emphasized that the “dispute involves questions of public concern,” noting that 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.”
Plaintiffs and Legal Representation
The suit against the federal government—Canna Provisions v. Garland—is spearheaded by multi-state operator Verano Holdings Corp. and Massachusetts-based cannabis businesses Canna Provisions and Wiseacre Farm, along with Treevit CEO Gyasi Sellers. The legal representation comes from the law firms Boies Schiller and Flexner LLP and Lesser, Newman, Aleo and Nasser LLP, with litigator David Boies leading the charge.
Focus of the Lawsuit
While the case centers around the plaintiffs’ arguments about the government’s authority to enforce prohibition for intrastate cannabis activity, the upcoming hearing will specifically address DOJ’s motion to dismiss the lawsuit.
Judge’s Decision
Judge Mark G. Mastroianni, an Obama appointee, granted the request for public access in an electronic order on Monday, without commenting on the merits of the request.
Registration for Access
Interested parties can register for access to the arguments on the court’s website.
Constitutional Debate
The lawsuit contends that the prohibition of marijuana lacks a rational basis, particularly in light of the federal government’s hands-off approach to state-level legalization. The case delves into the issue of how in-state cannabis activity impacts interstate commerce, with the government arguing that it fuels marijuana tourism.
Recent Federal Actions
The filing of the latest motion coincides with President Joe Biden’s announcement of the administration’s formal move to reschedule marijuana, although this rulemaking wouldn’t federally legalize cannabis. Attorney General Merrick Garland, a key defendant in the lawsuit, approved the proposed rule to reschedule marijuana to Schedule III of the Controlled Substances Act.
Future Implications
While the rescheduling proposal may not directly influence DOJ’s position in the ongoing federal court case, it underscores the evolving landscape of cannabis policy at the federal level.
This public hearing marks a significant step in the ongoing legal battle between cannabis businesses and federal authorities, with potential implications for state-level cannabis regulations nationwide.
