Could The Supreme Court Be The Last Chance For Marijuana Legalization In America?
This article was originally published on Cannabis.net and appears here with permission.
Rescheduling cannabis to a Schedule 3 drug may or may not be off the board with the Supreme Court ruling that overturned a 52-year-old decision on the Chevron Oil company. The cannabis industry was in a joyful mood at first and then followed by a panic attack as no one knew if the Chevron ruling was good or bad for possible cannabis legalization in America.
Ironically, with conservatives looking to regain power in America, the only real avenue left for full marijuana legalization, not just rescheduling, in America, may be that very same Supreme Court.
On Monday, July 1st, 2024, a federal judge dismissed a lawsuit filed by several Massachusetts cannabis businesses seeking to block the federal government from enforcing marijuana prohibition against their in-state activities. The plaintiffs argued that the federal ban is unconstitutional and sought to have marijuana reclassified or rescheduled altogether.
The lawsuit, led by industry leaders and advocacy groups, contended that the federal prohibition on marijuana violates the Constitution’s Commerce Clause and infringes upon states’ rights to regulate cannabis. They highlighted the significant business hurdles created by the ban, including issues with banking services, federal tax deductions, and increased public safety risks due to cash-only operations.
The US Court of Appeals for the District of Columbia Circuit upheld the lower court’s decision, ruling that the plaintiffs failed to show a likelihood of success on the merits of their claims. The court emphasized that the federal government’s classification of marijuana as a Schedule I drug is supported by scientific evidence and remains constitutional.
Judge Mark G. Mastroianni, appointed by former President Barack Obama, noted, “The relief sought is inconsistent with binding Supreme Court precedent and, therefore, …