Cannabis Industry Watching 1st Circuit Case With Interest
December 03, 2024
Cannabis practice co-chair Jesse Alderman spoke with Mass Lawyers Weekly as the cannabis industry watches the developing 1st U.S. Circuit Court of Appeals case Canna Provisions, Inc, et al. v. Garland, as a group of businesses seek a declaratory judgement that the Controlled Substances Act is unconstitutional as applied to the intrastate cultivation, manufacture, possession, and distribution of marijuana. Jesse spoke to the effects of Section 280E on the cannabis industry, noting that a judicial ruling that Congress no longer had the authority under its Commerce Clause powers to regulate cannabis as a Schedule I or II controlled substance would instantly make the industry more profitable.
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