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Massachusetts Cannabis Business Owners’ Lawsuit Against the U.S. Government Continues

by Matthew
February 5, 2024
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Massachusetts Cannabis Business Owners’ Lawsuit Against the U.S. Government Continues
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Why it matters: The article discusses a lawsuit filed by four Massachusetts-based business owners against the U.S. Justice Department to challenge cannabis prohibition. The lawsuit argues that federal prohibition of cannabis is outdated and lacks rational purpose, harming the plaintiffs and the communities they serve.

What they are saying: U.S. Attorney General Merrick Garland has filed a motion to dismiss the case, arguing that the plaintiffs have no standing to sue and have not presented evidence of injury. The Department of Justice has declined to comment. The business owners argue that the illegality of cannabis at the federal level imposes burdensome taxes, restrictions on payment methods, and higher costs. Legal experts comment that winning such a case is challenging, but Massachusetts has a well-regulated framework for legalization and that lawmakers need to take action.

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The big picture: The federal government has not made any decisive moves regarding federal legalization or major industry issues like banking. Legalization advocates argue that if legislators lose interest in regulating cannabis federally, expecting the federal government to intervene in all states becomes unlikely. The lawsuit may eventually reach the Supreme Court, as there are precedents for such cases.

What to watch: The lawsuit could take two years to reach a conclusion. If successful, it would have significant implications for cannabis businesses, allowing them to freely and legally accept credit cards and potentially expand their operations. However, the outcome of the case remains uncertain, with lower courts unlikely to side with the plaintiffs. The industry also awaits the decision of the Drug Enforcement Administration on rescheduling cannabis.

Your take: The lawsuit filed by these Massachusetts-based business owners highlights the ongoing battle against federal cannabis prohibition. While it may be challenging to win such a case, the plaintiffs argue that the federal government’s inaction leaves state lawmakers to regulate the industry. The outcome of this case could have widespread implications for cannabis businesses and the public’s perception of federal prohibition. Additionally, the article mentions the growing support for ending prohibition, with calls from lawmakers and senators for President Biden to take action. As the industry continues to evolve, it will be interesting to see how these legal challenges and advocacy efforts shape the future of cannabis legalization in the United States.

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Tags: Bois Schiller Flexner LLPbusinessCanna ProvisionsCannabis prohibitionGonzales v. RaichGyasi SellersJames SmithLawsuitMassachusettsnewsVerano Holdings Corp.Wiseacre Farm
Matthew

Matthew

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