Biden Administration attorneys asked a federal judge on Tuesday to dismiss a lawsuit filed by four marijuana companies challenging federal prohibition.
However, while doing so, the Justice Department appeared to support both the ongoing federal marijuana rescheduling process, as well as state-legal cannabis.
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In October, all-star law firm Boies Schiller sued the federal DOJ on behalf of four state-licensed cannabis companies.
The suit alleges the federal Controlled Substances Act is unconstitutional and harms their businesses.
The suit is intended to reach the U.S. Supreme Court and revisit a landmark 2005 decision that upheld federal prohibition.
In response, DOJ attorneys contend that plaintiffs lack standing to file the suit, because they do not demonstrate “a substantial risk of future enforcement,” according to a Jan.
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