Supreme Court Petition Challenges Federal Cannabis Prohibition Under Commerce Clause

The lawsuit, led by Massachusetts operators Canna Provisions, Gyasi Sellers, Wiseacre Farm and Verano Holdings, maintains that federal prosecutors have no constitutional authority under the Commerce Clause to apply prohibition to marijuana businesses operating solely within state borders. The companies want the Court to reconsider Gonzales v. Raich, the 2005 ruling that upheld federal power to intervene even in cannabis cultivation confined to one state. Their petition characterizes that decision as an “aberration” in commerce-clause and federalism doctrine, and says it represents a major intrusion on states’ police powers.

They argue that the Controlled Substances Act (CSA)’s weight on state policymaking is even heavier today than when Raich was decided, with around 40 states now regulating marijuana in some form compared to just nine in 2005. According to the filing, the CSA overrides those state systems and substitutes Congress’s views for intrastate policy choices.

The petition argues that in the years since Raich, shifting federal enforcement has eroded any connection between intrastate marijuana activity and interstate commerce. They point out that Congress has restricted enforcement against medical marijuana programs since 2014, while DOJ has extended non-enforcement to cover many state-regulated adult-use systems as well.

Earlier this year, a U.S. appeals court rejected the businesses’ arguments, and a lower court had previously dismissed their claims. But the firms’ legal team has long signaled its intent to bring the matter to the high court. If at least four justices vote to grant certiorari, the case will proceed before the Supreme Court.