Trump DOJ Declines To File Supreme Court Brief In Marijuana Companies’ Case Challenging Federal Prohibition

OG article by Kyle Jaeger

November 18, 2025

The Trump administration's Department of Justice has declined to submit a brief to the Supreme Court in response to a petition from marijuana companies challenging the constitutionality of federal cannabis prohibition under the Controlled Substances Act. Solicitor General D. John Sauer waived the government's response unless requested, regarding a case from Massachusetts firms Canna Provisions, Gyasi Sellers, Wiseacre Farm, and Verano Holdings. Represented by Boies Schiller Flexner LLP, the companies argue that prohibition exceeds Congress's Commerce Clause authority, seeking to overturn the 2005 Gonzales v. Raich decision upholding federal control over intrastate activity. They contend evolving state legalizations in 38 states and federal non-enforcement since 2014 have decoupled marijuana from interstate commerce. Lower courts dismissed the challenge, but plaintiffs highlight Justice Clarence Thomas's 2021 remarks questioning Raich amid policy shifts. The case underscores federalism tensions as rescheduling reviews continue under Trump, who has signaled openness to reform while maintaining Schedule I enforcement in some contexts.