Supreme Court Schedules Closed-Door Meeting To Discuss Marijuana Companies’ Case Seeking To Overturn Federal Prohibition

OG article by Kyle Jaeger

November 26, 2025

The U.S. Supreme Court has set a private conference for December 12 to evaluate a petition from Massachusetts cannabis companies challenging the federal prohibition on marijuana under the Commerce Clause. Filed by businesses represented by Boies Schiller Flexner LLP, the case contends that criminalizing intrastate cannabis sales in states with legal markets exceeds Congress's authority, especially as federal control over such activities wanes.

Lower courts dismissed the suit, with the First Circuit upholding the Controlled Substances Act's (CSA) validity in May, citing the 2005 Gonzales v. Raich precedent that affirmed federal regulation of homegrown marijuana. The Justice Department opted not to respond to the certiorari request. Supporting amicus briefs came from groups like the Americans for Prosperity Foundation, Cato Institute, and Pacific Legal Foundation, urging the Court to reconsider outdated federal overreach amid 24 states' recreational legalization.

Attorney Josh Schiller voiced optimism for review, noting evolving public sentiment and state autonomy. Securing certiorari requires four justices' votes; Justice Clarence Thomas's 2021 critique of Raich signals possible receptivity. This comes as the DEA weighs rescheduling cannabis under the incoming Trump administration and the Court prepares to address a related gun rights case for marijuana users, potentially reshaping federal drug policy intersections.