BSF Argued Motion to Dismiss in Marijuana Case

Boies Schiller Flexner represents the plaintiffs in an action against Attorney General Merrick Garland in the U.S. District Court for the District of Massachusetts challenging the constitutionality of the federal Controlled Substances Act’s prohibition against marijuana (Canna Provisions, Inc. et al. v. Garland, Case No. 3:23-cv-30113-MGM). On May 22, 2024, the Court held oral argument on the Attorney General’s motion to dismiss the plaintiffs’ complaint. Chairman David Boies argued in opposition to the motion on behalf of the plaintiffs.

Several news outlets reported on the hearing. Please see links below. 

Law360: Boies Urges Judge To Rethink Precedential Cannabis Case

Reuters: Cannabis businesses challenging US marijuana ban face skeptical judge 

The National Law Journal: DOJ Asks Judge to Dismiss Challenge to Federal Cannabis Ban 

Marijuana Moment: Marijuana Rescheduling Process ‘Supports The Rationality’ Of Federal Prohibition, DOJ Argues In Hearing On Cannabis Businesses’ Lawsuit 

Greenway Magazine: Marijuana rescheduling highlighted in motion to dismiss lawsuit against USAG by cannabis companies 

Green Market Report: Cannabis companies square off in federal court with DOJ over marijuana prohibition 

Cannabis Business Times: Will a Lawsuit Challenging CSA’s Constitutionality Move Forward? 

MarketWatch: Cannabis companies continue federal legalization push despite marijuana’s rescheduling