A number of cannabis companies hoping to bring an end to federal prohibition are also hoping the U.S. Supreme Court will take up their case in the next session. They recently got some good news on that front, as the court granted an extension allowing the companies more time to prepare their case.
The original August 25 deadline was extended to October 24 upon request of the plaintiff’s attorneys. They maintained they needed an extra 60 days to submit their writ of certiorari. The extension was ultimately granted based partially on the fact that the Office of the Solicitor General did not oppose the extension.
None of this means that the court will actually take up the case. But it is promising in the sense that the justices do not seem intent on denying the case altogether.
What It’s All About
Without getting into all the legal details, the basic premise of the case is the desire to overturn federal prohibition based on the government’s inaction over the last decade and a half.
For all intents and purposes, a restriction on government funds being used to pursue marijuana crimes has handcuffed the Department of Justice (DOJ), preventing it from enforcing the law. This has given states a de facto green light to decriminalize both medical cannabis and recreational marijuana within their borders.
The plaintiffs argue that the federal government has effectively approved legal marijuana by choosing to look the other way. And if that’s the case, the longstanding prohibitions against cannabis are no longer valid.
The Statute Is the Statute
It is easy to see a resolution through which the court could rationalize maintaining the federal prohibition for interstate regulation but still allow states to continue regulating marijuana within their own borders. But the compromise solution has one fatal flaw: the federal statute remains intact.
Congress did not repeal the federal statute when they added the original budget rider that tied the DOJ’s hands. All they did was prevent the DOJ from spending money on enforcement. But they left the original statute intact. The statute gives the DEA jurisdiction over drug classification. And to date, the DEA has not removed marijuana from Schedule I.
What It All Means Practically
So, what does it all mean practically? If the Supreme Court decides not to hear the case – and that is a real possibility – everything will continue as is. States like Utah will continue allowing medical cannabis while keeping the door closed on recreational marijuana. Companies like Salt Lake City’s BeehiveFarmacy.com will continue operating.
In states where both medical and recreational cannabis are allowed, business will continue as usual. And in the remaining holdout states, the debate over whether to legalize medical cannabis and its recreational counterpart will continue until lawmakers can come to some sort of resolution.
What if the court hears the case? One of two things is likely to occur:
They Uphold Prohibition – The court could uphold federal prohibitions against marijuana. This could give lawmakers the political cover they need to untie the DOJ’s hands and allow the agency to resume enforcing marijuana laws.
They Strike Down Prohibition – The court could ultimately strike down federal prohibition, at least at the state level. This would likely force Washington to finally move marijuana to Schedule II. The DEA could go so far as to remove it from its list of controlled substances altogether.
No one knows how all of this will turn out. For the time being, all eyes are on the Supreme Court and whether or not they will take the case.
