The U.S. Supreme Court has scheduled a closed-door meeting to discuss a case challenging the constitutionality of federal marijuana prohibition.
After receiving briefs in support for taking up the case involving Massachusetts-based cannabis businesses, justices set a date for a conference on December 12.
The court is being asked to settle the question of whether imposing federal marijuana criminalization within states that have enacted their own legalization laws violates the Commerce Clause of the U.S. Constitution.
The powerhouse law firm Boies Schiller Flexner LLP last month submitted their petition for writ of certiorari from the court on behalf of their clients, and the Justice Department earlier this month declined the opportunity to file a brief for or against the case’s consideration by the justices.
A lead attorney representing the petitioners recently told Marijuana Moment that he’s “hopeful”—albeit somewhat “nervous”—about the prospect of justices ultimately taking up the matter and deciding to address the key legal question about the constitutionality of federal cannabis prohibition.
“Time is of the essence,” Josh Schiller said, noting the dramatic shift in public opinion and state laws governing cannabis. “We think that this is the right time for this case because of the need—the industry needs to get
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