Attorneys representing major marijuana companies in a lawsuit against the U.S. government filed their opening brief in the U.S. Court of Appeals for the First Circuit on Tuesday, part of an ambitious effort to block the enforcement of federal cannabis prohibition against their state-legal activities.
Lawyers argue in the filing that Congress has in recent decades “dropped any assumption that federal control of state-regulated marijuana is necessary,” essentially shirking the federal authority confirmed by a 2005 Supreme Court opinion, Gonzales v. Raich. That, they conclude, means “the [Controlled Substances Act’s] ban as applied to state-regulated marijuana cannot be upheld today.”
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Marijuana Companies File Opening Appellate Brief In Case Challenging Federal Prohibition
