Cannabis reform is a hot topic on the campaign trail and in communities nationwide. Both major party presidential candidates promise to enact some type of change if elected. Several states are considering decriminalization measures of their own. However, nationwide reform could be one step closer after an appellate court hearing set for early December.
The U.S. Court of Appeals for the First Circuit will hear oral arguments regarding a lawsuit aimed at ending federal cannabis prohibition. Several cannabis companies brought the suit brought the suit, arguing that the government’s current policy is unconstitutional and “federal control of state-regulated marijuana” is no longer necessary.
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A judge dismissed the lawsuit in July, but an appeal was filed soon after. This week, the appellate court agreed to hold a hearing on the matter. Plaintiffs in the case believe it’s a good sign, with one operator writing on Twitter, “The court does not always hold oral argument on an appeal, nor hold it this quickly.”
Plaintiffs argue that Congress has diverted federal funds from interfering with states with legal medical marijuana. They also point to weed legalization in the nation’s capitol as further evidence that federal prohibition is a moot point. In his initial dismissal of the case, Judge Mark G. Mastroianni pointed to a 2005 Supreme Court case in which the federal government rejected a similar challenge to the Controlled Substances Act.
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The oral arguments will come only three days after a separate hearing on the federal marijuana rescheduling. Experts for and against moving cannabis from Schedule I to Schedule III will testify. Representatives from the Department of Justice have said the lawsuit in question would “frustrate” rescheduling efforts.
The Biden administration has been pushing for rescheduling, but many pro-pot advocates believe it doesn’t go far enough to free the plant. Given the fact that Biden’s Vice President Kamala Harris is in favor of full legalization, the push to reschedule may be irrelevant should Harris take the White House.
