Supreme Court To Decide Dec. 15 If It Will Hear Landmark Challenge To Federal Marijuana Ban

[Elderberry]

The Dallas Express by J Galt 11/26/2025

The U.S. Supreme Court will announce on December 15 whether it will hear a major challenge to federal marijuana bans brought by state-licensed cannabis companies, a decision that could force a reckoning between national law and the patchwork of state-legal markets.

The justices are slated to discuss the petition in Canna Provisions Inc. v. Garland during a private conference on December 12. Four votes are needed to grant review, which would make it the first time the Court directly weighs the constitutionality of federal prohibition amid widespread state legalization.

Massachusetts-based plaintiffs Canna Provisions, Gyasi Sellers, Wiseacre Farm, and Verano Holdings argue in their October petition that the Controlled Substances Act’s (CSA) Schedule I classification for marijuana violates the Commerce Clause by criminalizing purely intrastate activity compliant with state regulations. They seek to overturn the 2005 Gonzales v. Raich ruling, which upheld federal authority over homegrown cannabis in California.

The case stems from a federal lawsuit dismissed by a lower court and rejected by the 1st U.S. Circuit Court of Appeals in May. The plaintiffs, represented by Boies Schiller Flexner LLP, contend Congress has effectively abandoned enforcement against state programs, creating untenable conflicts for businesses operating legally under local laws.

More: https://dallasexpress.com/national/supreme-court-to-decide-dec-15-if-it-will-hear-landmark-challenge-to-federal-marijuana-ban/

[Kamaji]

Should be an interesting set of opinions.  Not sure how it will fall out, though.  The liberals will be pulled two ways, in favor of drug use, but also not wanting to weaken federal control of the economy.  The conservatives will be torn between a dislike for drug usage, including gateway drugs, and a desire to give the states greater autonomy from the federal government.

My guess is that the federal law will be upheld as a valid exercise of the Commerce Clause given that all of the parties are clearly engaged in commercial activities, and purely intrastate commercial activity can be regulated under the Commerce Clause if it uses the instrumentalities of interstate commerce, such as the road network for deliveries.