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In 2005 the U.S. Supreme Court issued the Gonzalez v. Raich decision which held that the federal government had the authority to regulate INTRA-state marijuana under the INTER-state commerce clause. Since 2005, the legal landscape has shifted dramatically. Today, more than 40 states and U.S. Territories have legalized medical marijuana and, since 2014, Congress has prohibited the Department of Justice from expending funds to prosecute people and companies that operated in compliance with state-legal medical marijuana operations. In 2023, a number of Massachusetts marijuana operators filed a direct challenge to the Gonzalez case arguing that the Controlled Substances Act was unconstitutional given Congress’s decision to limit prosecuting medical marijuana. The case was dismissed by the trial court and the operators filed an appeal with the federal appellate court. Yesterday, the appellate court (1st Circuit Court of Appeals) agreed that the case should be dismissed—Congress still has the authority to regulate intrastate marijuana sales under its interstate commerce clause powers.
