Marijuana companies seeking to shield their in-state activities from federal enforcement are asking a judge to schedule oral arguments in order to respond to arguments the Justice Department made in a recent briefing in the case—including its position that cannabis legalization attracts out-of-state tourism, empowering it to uphold prohibition under the Constitution.
The marijuana corporations submitted the request for oral arguments with the U.S. District Court for the District of Massachusetts, Western Division on Friday. This comes about a week after DOJ filed a motion to dismiss the suit with the court.
The underlying suit against the federal government is being led by multi-state operator Verano Holdings Corp. and the Massachusetts-based cannabis businesses Canna Provisions and Wiseacre Farm, along with Treevit CEO Gyasi Sellers. They’re represented by the law firms Boies Schiller and Flexner LLP and Lesser, Newman, Aleo and Nasser LLP.
“The case presents multiple constitutional questions and concerns matters of great importance both in the Commonwealth and nationwide,” the law firm representing industry stakeholders said. “Oral argument will allow for a meaningful review of these issues.”
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