Attorney Behind Same-Sex Marriage Revives Landmark Marijuana Case: ‘Congress Has Abandoned The Goal Of Eradicating Cannabis’
“Regulating intra and interstate commerce was only a means to the end of eradicating it. That is a goal that has been abandoned,” said David Boies during oral arguments Tuesday, as he defended the need to revive a landmark case dismissed this past July.
The case that marked one of the ways for the cannabis industry to partly resolve its lagging prohibition is at a crossroads as Massachusetts-based businesses push back against the dismissal.
What Happened: In the case, Canna Provisions, Inc., et al. v. Garland, MA-based businesses seek to overturn the Controlled Substances Act (CSA) as it applies to intrastate cannabis activities.
David Boies is renowned for high-profile cases like representing former Vice President Al Gore and challenging California’s same-sex marriage ban.
Challenging Federal Authority
The discussion held at the oral arguments hearing was mainly about precedents. The main argument by plaintiffs is that the 2005 Supreme Court decision in Gonzales v. Raich is outdated. Since then, 24 U.S. states have legalized recreational marijuana and 38 allow medical marijuana use. The plaintiffs …