Cannabis News

Supreme Court Should Hear Marijuana Case That Could Affect Other Issues, Man In Endangered Species Act Dispute Says

Published

1 week ago

November 30, 2025

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A public interest law firm representing a man who says federal law unconstitutionally violated his property rights has joined a chorus of voices calling for the U.S. Supreme Court to take up a case challenging a key foundation of the federal marijuana ban.

In an amicus brief filed with the court Wednesday, the Pacific Legal Foundation — representing Florida-based Michael Colosi — said its client’s property dispute “exemplifies” how the Commerce Clause of the U.S. Constitution has been misinterpreted and misapplied, giving the federal government unauthorized authority over intrastate commerce.

In Colosi’s case, his local government told him he had to pay a $200,000 development fee to build a home on a specific property in Charlotte County because a species of bird known as the Florida scrub might someday populate the area. That’s because the federal government classifies the species as “threatened.”

“Colosi argued that the federal government lacks the authority to regulate an intrastate species without a direct connection to interstate commerce,” the brief states. “Colosi and petitioners face the same dilemma: they are aggrieved by federal regulation of activities that the Constitution does not authorize the federal government to regulate.”

Until then, the Massachusetts marijuana companies urging the Supreme Court to take up their case also argue that federal law unconstitutionally prohibits intrastate cannabis activity in violation of the Commerce Clause.

“Canna Provisions is not the first petitioner to ask this Court to clarify the scope of the Commerce and Necessary and Appropriate Clauses, but its case presents a unique opportunity to temper past wrongly decided precedents and protect property rights,” the filing states.

“Colosi’s effort to build a house was blocked by federal regulations because an endangered species within the state, the Florida scrub jay, can nest on the land. When questioned about the condition it placed on Colosi’s intended land use, the federal government used the Commerce and Necessary Clause to justify regulation of intrastate commerce by its impregnable Commerce and Clause argument. This Court’s adoption of its Commerce and Clause in Necessary and Appropriate Jurisprudence is not the first, And he won’t be the last landowner to be harmed by government overreach under federal laws.

“This court should take this opportunity to correct federal precedent in its Commerce and Necessary and Proper Clauses before more people are harmed,” he says, noting that the policy’s dissonance “has far-reaching negative effects on property owners, local governments, and the freedom that enumerated jurisdictions seek to protect. This court should grant the request.”

The filing highlights how the cannabis case, if taken up by the Supreme Court, could have far-reaching implications beyond the marijuana issue specifically, depending on what the justices decide.

Amicus short presented in one day by The Cato Institute, a libertarian think tank, likewise, beg the courts to examine the case, Canna Provisions v. bond the court has scheduled a closed-door meeting for next month to address the issue.

Power law firm Boies Schiller Flexner LLP filed the writ of certiorari last month on behalf of its clients and the Department of Justice. he declined the opportunity to present a brief for or against the case the judges

A The lead attorney representing the petitioners told Marihuana Moment that he is “hopeful.”— even if a little “nervous” — about the judges ultimately deciding to take up the matter and address the key legal question of the constitutionality of the federal ban on cannabis.

“Time is of the essence,” said Josh Schiller, noting the dramatic shift in public opinion and state laws governing cannabis. “We believe the timing of this case is right out of necessity; the industry needs to get relief from federal oversight at this time.”

Before the conference was organized, it was founded by Koch The Americans for Prosperity Foundation also filed an amicus brief encourage judges to take up the case.

US Court of Appeals He rejected the arguments of the state’s illegal cannabis companies the company is being replaced in May. One of the final blows of the high-profile case was a dismissal of the claims by the lower court. But it has been widely reported that the plaintiffs’ legal teams have long intended to end the case before the nine high courts.

Four justices must vote to approve the cert petition for the court to hear the case.

While it’s unclear whether SCOTUS will ultimately take up the case, it’s a sign that they may at least be interested in appealing to the courts. 2021 Statement of Justice Clarence Thomasas the court denied review of a separate dispute involving a medical marijuana dispensary in Colorado.

Thomas’s comments at the time suggested that it would be appropriate to revisit the precedent-setting case, Gonzales vs. Raichwhere the Supreme Court specifically determined that the federal government could enforce a ban on the cultivation of cannabis that took place entirely in California under Congress’s authority to regulate interstate commerce.

The initial complaint in the current case, filed in the U.S. District Court for the District of Massachusetts, argued that the government’s continued prohibition of marijuana under the CSA was unconstitutional because Congress had it for decades. “The states have rejected any hypothesis that federal control of regulated marijuana is necessary.”

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At oral arguments in the appeal late last yearDavid Boies told the justices that under the Constitution, Congress can only regulate commercial activity within a state—in this case, marijuana—if not regulating that state activity would “substantially interfere with or undermine Congress’s statutory authority.” interState trade”.

Boies, the firm’s president, has a long list of past clients, including the Justice Department, former Vice President Al Gore and the plaintiffs in a case that overturned California’s same-sex marriage ban.

The judges, however, said they were “unconvinced” that “the CSA remains entirely intact in terms of the regulation of commercial activity involving marijuana for non-medical purposes, which is the activity carried on by the appellants, on their own.”

The district court, meanwhile, said in the case that while there are “compelling reasons to reconsider” current cannabis programming, its hands were effectively tied by the US Supreme Court’s past precedent. go.

He is behind a decision by the Trump administration to re-regulate marijuana. President Donald Trump said in late August that within weeks cannabis would be subject to Section III of the CSA.

Meanwhile, last month the Supreme Court agreed to hear a A separate case on the constitutionality of a federal law prohibiting people from using marijuana or other drugs for the purchase or possession of firearms. The Trump administration has argued that the policy “targets a category of people who are at clear risk of firearm misuse” and should be upheld.

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Cannabis News

US (FL): Cannabis company countersues competitor for AI-fabricated extortion

Published

20 hours ago

December 9, 2025

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Leafwell Inc. filed a federal lawsuit against medical marijuana company My Florida Green, alleging that its competitor used artificial intelligence to make legal claims as part of an extortion scheme designed to harm Leafwell’s business. The lawsuit was filed in U.S. District Court…

Cannabis News

Maine Officials Approve 2026 Ballot Initiative To Largely Repeal Marijuana Legalization Law For Signature Collection

Published

20 hours ago

December 9, 2025

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Maine officials have given permission to prohibition activists to begin gathering signatures for a proposal A ballot initiative that would roll back the state’s voter-approved marijuana legalization law. The measure, if passed, would also overhaul the regulatory structure of the medical cannabis program by establishing product testing requirements.

The proposal — called the “Cannabis Legalization Act and Maine Medical Use of Cannabis Act” — is a revamped version of a marijuana initiative introduced in September, sponsored by a Republican state senator and a former top staffer for then-Gov. Paul LePage (R), staunch prohibitionist.

The latest proposal, a petition approved by the Secretary of State on Monday, would remove and amend multiple sections of the current state statute, which voters approved in 2016 to effectively repeal the legalization of recreational marijuana sales.

Adults over the age of 21 would remain legal to possess 2.5 ounces of cannabis under the proposal, but a section of the law allowing home cultivation would be repealed. The sale and home cultivation of medical marijuana would be legal.

Madison Carey, who was listed as a lead petitioner in the original version of the repeal initiative and remains involved in the current campaign, told Marihuana Momenti on Tuesday that “there needs to be regulation of marijuana,” arguing that her own experience recovering from opioid misuse disorder speaks to the inadequacy of the current law.

“My hope is to raise awareness of the reality of the potential dangers of not having regulation,” he said. “I think people are fed up with the constant use — the constant (retail businesses) coming up where people can legally buy marijuana.”

Of course, repealing the voter-approved law that established the adult-licensed sales system would eliminate the current regulatory infrastructure in place, which reform advocates say helps mitigate public health and safety risks associated with the illegal market.

Rep. David Boyer (R), who led the fight to get a cannabis legalization initiative on Maine’s ballot in 2016 when he was a staff member at the Marihuana Policy Project, said voters should refuse to sign petitions for the new initiative.

“Don’t stop Maine’s progress, don’t stop signing this unfair repeal initiative,” he told Marijuana Moment on Tuesday. “Repealing the legalization of cannabis would shut down an industry larger than lobsters, potatoes and blueberries combined, costing our state jobs, revenue and economic growth.”

According to the new measure, the director of the Office of Cannabis Policy will “advance policies that promote the health and welfare of the people of the state and protect their health and safety, emphasizing the health and welfare of minors as a priority consideration in the performance of all duties.”

They should also “ensure that eligible patients maintain access to high-quality, effective, and affordable medical cannabis under this Act.”

Under the proposal, the Department of Administrative and Financial Services would create a testing program for cannabis products that would require dispensaries and dispensaries to send those products to a licensed facility for safety evaluation before dispensing them to qualified patients.

The testing facility “should ensure that cannabis or cannabis products do not exceed acceptable levels of contamination for any contaminants that are harmful to health and require testing and ensure proper labeling.”

“The department shall adopt rules establishing a testing program under this section, rules identifying the types of pollutants harmful to health, which must be tested for cannabis and cannabis products under this chapter, and rules regarding the maximum level of contamination for each pollutant,” the vote said. the initiative the text says

Additionally, regulators should administer a system to track cannabis plants from seed to the point of retail sale or disposal. That system “should be able to track cannabis plants in groups during the cultivation phase and when passing from the cultivation phase to another registrar”.

Entrepreneurs must submit at least 67,682 valid voter signatures by February 2, 2026 to be eligible for next year’s ballot. If approved by voters, the initiative would take effect on January 1, 2028.

Maine lawmakers passed a bill in June legalize possession of an ounce of psilocybin Adults over 21 years of age.

After a different effort in the state last year legalize psilocybin and allow adults to access the psychedelic in state-licensed facilities. But lawmakers watered down that bill—instead, they changed it to create a committee to study further reforms—and in the end it was not approved.

Meanwhile, Maine legislators in February A top marijuana official voted to investigate possible conflicts of interest.

And last year, the law that allowed people came into force now apply for legal marijuana crime records to be sealed.

Marijuana Moment is made possible with the help of readers. If you rely on our pro-cannabis journalism to stay informed, consider a monthly Patreon pledge.

Cannabis News

By concentrating our portfolio, we create room for innovation and growth

Published

2 days ago

December 8, 2025

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Viscon transfers the range fork product portfolio to Flier

Viscon Plant Technology will transfer its spacer fork product portfolio (including spacer forks and fixed forks) to Flier Systems effective January 1, 2026.

“The furrows are a proven solution for spacing within the sector. By transferring this portfolio to Flier Systems, the technology will remain available to both existing and new customers, with continued quality and support. Flier Systems will take over development, sales and technical service, while Viscon Plant Technology focuses on its core activities,” the team says.

“The transfer of the fields is a deliberate strategic step to strengthen our focus on automation solutions for plant growers and young breeders. In addition to concentrating our portfolio on technologies such as tissue culture automation, phenotypic sorting and somatic embryogenesis automation, we create room for further innovation and growth. We are pleased to have found a reliable and dedicated partner in Flier Systems,” said Nigela, who will continue the same product portfolio. Viscon Plant Technology.

“Acquiring spacer forks fits perfectly into our strategy to automate the entire production process for professional plant growers. Having just introduced the upgraded SPH transplanter/sorter, we have already taken an important step in the automation of potted plants. Acquiring spacer forks is a logical addition as it allows us to offer a complete and integrated package. Viscon,” said Ad Kranendonk, Flier Systems.