Yo, check it out! A bunch of cannabis companies just dropped a sick lawsuit on U.S. Attorney General Merrick Garland. They’re straight-up fed up with this federal prohibition that’s messing with their hustle, you feel me? The plaintiffs in this case are Canna Provisions Inc., Wiseacre Farm, Inc., Gyasi Sellers, and Verano Holdings Corp. These homies are saying that the Controlled Substances Act (CSA) is straight-up unconstitutional and causing some major damage to their businesses.
Now, let’s break it down for y’all. This lawsuit was filed on Oct. 26, and it’s making some real references to a court ruling from like 20 years ago called “Gonzales v. Raich.” Basically, the Supreme Court said back in 2005 that the feds can regulate marijuana because they want to get rid of it completely. But these cannabis companies are saying, “Nah, bro, times have changed, and the federal government doesn’t have the power to mess with our intrastate business no more.”
These companies got some serious legal representation too. They got Boies Schiller Flexner and Lesser, Newman, Aleo, & Nasser LLP on their side. And let me tell you, this law firm has represented some big shots like Microsoft and Al Gore in the past.
So why are these companies so pissed? Well, Canna Provisions Inc. wants to give people free training in the cannabis industry, but they can’t because it’s still illegal under the CSA. They can’t even post jobs or run workshops because of MassHire shutting them down. Plus, their employees are getting screwed too. Banks are closing their accounts and mortgages are getting denied just because they’re working in a legit intrastate marijuana business. It’s messed up!
And check this out – Wiseacre Farm is growing some dank weed in Massachusetts, but they can’t lease more farming land because of the CSA. Landlords are too scared to let them grow weed on their property because they might lose federal grant money. That’s straight-up unfair.
Gyasi Sellers, the CEO of Treevit, is trying to do some good in communities that got screwed over by the War on Drugs. He’s offering jobs to ex-offenders and delivering to these communities, but he’s running into all kinds of hurdles. The Small Business Administration won’t give him a loan just because he’s in the weed business, even if he’s following state law. That’s some bogus discrimination right there.
Last but not least, we got Verano Holdings Corp., a Canadian company that’s doing their thing in Illinois and Massachusetts. But because of the CSA, they can’t do all the stuff they need to do. They can’t get proper licenses for cultivation, manufacturing, medical stuff, and adult-use. They can’t even accept credit cards at their Massachusetts retail stores! It’s like they’re trapped in some messed-up system.
So, after all these companies have gone through, they’re saying this federal ban on intrastate marijuana is downright unconstitutional. And you know what? They’re not wrong! David Boies, the principal at Boies Schiller Flexner, said that the feds don’t have the power to stop intrastate cannabis commerce anymore. It’s about time someone said it!
Darren Weiss, the President of Verano Holdings Corp., is ready to take this fight all the way to the Supreme Court. He wants federal law to catch up with what Congress has been doing for years. He believes that our country was built on limited federal power, and it’s time for the Supreme Court to recognize that.
Meg Sanders, the CEO and co-founder of Canna Provisions Inc., just wants her business to be treated like any other small business in Massachusetts. Is that too much to ask?
Now, this ain’t the first lawsuit trying to challenge the CSA. We had that “Gonzales v. Raich” case in 2005, and we’ve had some mixed results since then. In May 2022, a Pennsylvania court said cannabis is still a controlled substance, but just last month, a Nevada state judge said it should be taken off the controlled substances list. The fight ain’t over yet, y’all!
So there you have it. These Massachusetts cannabis businesses are tired of the feds messing with their grind and they’re ready to take it to the courts. Let’s hope they can bring some real change and get these outdated laws off our backs. It’s time to let the green flow free!