GMR / Bricken
CannaProvisions, Verano (OTC: VRNOF), Gyasi Sellers and Wiseacre Farm stirred up the cannabis industry in October 2023 when the group hired well-known lawyer David Boies to challenge the constitutionality of the Controlled Substances Act (CSA).
In January, the Department of Justice moved to dismiss the case saying that the group lacked standing and that their complaint proves there is no realistic threat of federal enforcement by the DOJ in states with regulated commercial cannabis reform, among other issues. Green Market Report wrote that the DOJ argued the government hasn’t kept them from growing or selling cannabis. The government said that fearing the “risk of prosecution” for working with a federally illegal substance isn’t enough of a harm. Indeed, the DOJ said it doesn’t go after people or businesses that follow the established cannabis rules within their state.
The latest round was a response by the parties filed on March 15 calling the prohibition of cannabis irrational. The filing points out that states have been able to legalize cannabis, but under Federal law, it remains illegal, however, federal policy doesn’t enforce federal criminalization creating a grey area. Citing Justice Thomas, the filing stated, “Justice Thomas observed, “If the Government is now content to allow states to act as laboratories . . . then it might no longer have the authority to intrude on the States’ core police powers to define criminal law and to protect the health, safety, and welfare of their citizens.”
Best shot
Cannabis industry law expert Hilary Bricken wrote in Law360, “Even if the DEA does not reschedule cannabis and/or Congress drags its feet on cannabis banking reform, the result of Canna Provisions may be the most realistic and timely shot the cannabis industry has at finally having federally lawful cannabis — both medicinal and adult use — within state borders.”
Read full report
CannaProvisions, Verano argue prohibition is irrational in latest court filing
