In a setback for Massachusetts cannabis enterprises, a federal judge has dismissed their challenge against the longstanding federal prohibition on marijuana. The ruling, delivered by U.S. District Judge Mark Mastroianni, emphasized the supremacy of a 2005 U.S. Supreme Court decision that upheld Congress’s authority to criminalize marijuana possession and use nationwide.
Represented by high-profile litigator David Boies, the plaintiffs argued that changes in marijuana regulation warranted a reevaluation of the Supreme Court’s precedent. They contended that the expanding legality of marijuana across states, including Massachusetts, and shifts in federal enforcement policies justified revisiting the issue.
However, Judge Mastroianni, appointed during the Obama administration, held firm to existing legal precedent, asserting that the relief sought by the plaintiffs exceeded his judicial authority. He underscored that while the businesses could pursue relief through the Supreme Court or advocate for legislative changes, they could not circumvent established legal boundaries.
The lawsuit, initiated by several cannabis businesses including Canna Provisions and Verano Holdings, challenged the constitutionality of applying federal drug laws to their operations. Despite arguments invoking evolving legal landscapes and judicial reconsideration, Judge Mastroianni’s ruling underscores the uphill battle faced by cannabis entrepreneurs in reconciling state and federal marijuana policies.
Joshua Schiller, representing the plaintiffs, indicated plans to appeal the decision, potentially elevating the case to the nation’s highest court. The outcome underscores ongoing legal uncertainties surrounding marijuana regulation in the United States, despite shifting public attitudes and legislative actions.
As the legal saga continues, the future of marijuana regulation remains a contentious issue at the intersection of state autonomy and federal oversight, leaving cannabis businesses navigating complex legal terrain in pursuit of legitimacy and operational clarity.


