Marijuana Moment
The U.S. Supreme Court has scheduled a closed-door meeting to discuss a case challenging the constitutionality of federal marijuana prohibition.
After receiving briefs in support of the lawsuit from Massachusetts-based cannabis businesses, justices set a date for a conference on December 12. During the meeting, members of the court will discuss whether to formally take up the case or not.
The court is being asked to settle the question of whether imposing federal marijuana criminalization within states that have enacted their own legalization laws violates the Commerce Clause of the U.S. Constitution.
The powerhouse law firm Boies Schiller Flexner LLP last month submitted their petition for writ of certiorari from the court on behalf of their clients, and the Justice Department earlier this month declined the opportunity to file a brief for or against the case’s consideration by the justices.
A lead attorney representing the petitioners recently told Marijuana Moment that he’s “hopeful”—albeit somewhat “nervous”—about the prospect of justices ultimately taking up the matter and deciding to address the key legal question about the constitutionality of federal cannabis prohibition.
“Time is of the essence,” Josh Schiller said, noting the dramatic shift in public opinion and state laws governing cannabis. “We think that this is the right time for this case because of the need—the industry needs to get relief from federal oversight at the moment.”
Before the conference was scheduled, the Koch-founded Americans for Prosperity Foundation submitted an amicus brief encouraging justices to take the case.
On Monday, meanwhile, the firm representing the cannabis businesses said the Cato Institute and Pacific Legal Foundation”intend to file briefs amici curiae in support of the petition.”
“Petitioners respectfully request that this letter be circulated with the petition for a writ of certiorari,” David Boies said in the notice to the court.
A U.S. appeals court rejected the arguments of the state-legal cannabis companies the firm is representing in May. It was one the latest blows to the high-profile lawsuit following a lower court’s dismissal of the claims. But it’s widely understood that the plaintiffs’ legal team has long intended the matter to end up before the nine high court justices.
Four justices must vote to accept the petition for cert in order for the court to take up the case.
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