Cannabis Companies Take Federal Marijuana Ban to the Supreme Court—Will Justices Bite?

OG Article

• Ben Adlin, Marijuana Moment

• June 16, 2025

A coalition of cannabis businesses is throwing a bold punch at federal cannabis prohibition, petitioning the U.S. Supreme Court to hear their case and potentially reshape the nation’s drug laws. After lower courts upheld the federal ban, these companies are banking on the justices to tackle the Controlled Substances Act (CSA) head-on, arguing it’s outdated in a world where 24 states have legalized adult-use cannabis. With $32 billion in legal sales nationwide (MJBizDaily, 2024), this fight could echo the daring smuggling runs of the 1970s, like Carroll County’s infamous plane crash. Here’s the high-stakes drama, packed into a lively four-minute read.

The case, led by companies like Canna Provisions and the Tree of Life Dispensary, challenges the CSA’s classification of cannabis as a Schedule I drug, alongside heroin, with “no medical use” and high abuse potential. Their argument? The ban oversteps Congress’ commerce clause powers, especially since most cannabis is grown and sold intrastate. “Marijuana’s inclusion in Schedule I of the Controlled Substances Act exceeds Congress’ authority under the commerce clause,” the petition filed on June 10, 2025, states. They claim the CSA’s grip—unchallenged for decades—clashes with state laws covering 74% of Americans (Pew Research, 2024).

The businesses hit a wall in lower courts. The First Circuit Court of Appeals, affirming a district court ruling, said Congress can regulate intrastate cannabis because it impacts interstate markets. The companies argue this logic is shaky, citing a 2005 case, Gonzales v. Raich, where the Supreme Court upheld federal authority over homegrown medical marijuana. “The First Circuit’s decision extends Raich beyond its already questionable reasoning,” the petition asserts, urging the justices to reconsider.

Why now? Legal cannabis is booming—Massachusetts alone saw $1.8 billion in sales in 2024 (Massachusetts Cannabis Control Commission)—yet federal prohibition blocks banking, tax breaks, and interstate trade. The petitioners, backed by the American Trade Association for Cannabis and Hemp, see a ripe moment: 70% of Americans support legalization (Gallup, 2024), and recent moves, like the DEA’s proposal to reschedule marijuana to Schedule III, signal cracks in the CSA’s armor. “The federal government’s own actions in moving to reschedule marijuana undermine the justification for Schedule I,” said David Boies, the petitioners’ attorney.

But the Supreme Court’s a tough nut to crack. It hears only 1% of petitions—about 80 of 8,000 annually (Supreme Court data)—and justices may dodge this hot potato, especially with rescheduling pending. Critics, like Rep. Earl Blumenauer (D-OR), argue the case is crucial: “The CSA’s application to state-legal cannabis is an anachronism that stifles economic growth and innovation.” Still, conservative justices might lean on precedent, leaving reform to Congress.

As the Court decides whether to take the case by fall 2025, the cannabis world holds its breath. A win could dismantle federal prohibition, much like Meta’s recent unblocking of cannabis searches. For now, these businesses are betting big, hoping to spark a legal revolution from the ashes of a 50-year-old law.

By Jason Beck