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Attorney Suing Feds Over Marijuana Prohibition Is ‘Hopeful’ The Supreme Court Will Take Up The Case

OG article by Kyle Jaeger


November 3, 2025






Attorney Josh Schiller (Boies Schiller Flexner) is optimistic the Supreme Court will review a case challenging federal cannabis prohibition under the Commerce Clause.



The lawsuit seeks to overturn Gonzales v. Raich (2005), arguing intrastate cannabis activity is beyond federal reach. Lower courts ruled against the plaintiffs, but Schiller sees cultural and legal shifts favoring reevaluation.



He believes federalism concerns and evolving public views make this the right time.

 
 
 

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