U.S. Supreme Court Declines to Hear Challenge Against Federal Marijuana Laws

In a significant move, the U.S. Supreme Court has opted not to hear a challenge against federal marijuana prohibition laws brought forward by four licensed cannabis companies. This decision, announced on Monday, effectively shifts the focus to the White House for potential reform, as the legal cannabis industry continues to push for changes in federal regulations. The case, known as Canna Provisions et al v. Bondi, included prominent players such as Verano Holding Corp. and aimed to bring the issue before the Supreme Court for the first time since 2005

The petitioners, which included Massachusetts-based Canna Provisions, Treevit delivery service CEO Gyasi Sellers, and Wiseacre Farm, argued that the landscape of marijuana legality has drastically changed since the 2005 ruling in Gonzales vs. Raich. They contended that the widespread legalization of adult-use marijuana across more than two dozen states has altered the factual basis of federal prohibition. Despite these arguments, the Supreme Court justices, after a closed-door meeting on December 12, decided not to take up the case

The legal team representing the plaintiffs, including Josh Schiller from Boies Schiller law firm, had expressed hopes that the Supreme Court would reconsider the federal stance on marijuana given the evolving legal and social context. Schiller had previously stated that the lawsuit was an attempt to 'shake the box' amid stalled federal reform efforts. However, neither Schiller nor representatives from Verano Holding Corp. provided immediate comments following the Supreme Court's decision

This development comes at a time when the White House is reportedly considering significant changes to federal marijuana policy. There have been discussions about rescheduling marijuana and covering certain CBD treatments under Medicare. Although an anticipated executive order announcement did not occur on Monday, sources indicate that a decision could be forthcoming, potentially as early as Wednesday, involving key figures from the cannabis industry and government officials

The initial lawsuit was filed shortly after a pivotal moment in the Biden administration's approach to marijuana, where health regulators declared cannabis to have a 'currently accepted medical use' in the U.S. This led to a Justice Department proposal to reclassify cannabis as a Schedule 3 drug, a move that ultimately stalled. The Supreme Court's refusal to hear the case leaves the industry looking to the executive branch for the next steps in cannabis reform