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A historical legal challenge against federal cannabis prohibition is underway as a group of marijuana companies press for oral arguments in federal court. They aim to counter Department of Justice (DOJ) arguments, claiming that the legalization of cannabis boosts out-of-state tourism and therefore prohibition is justified under the Constitution.
The businesses involved have formally submitted their request for oral arguments to the U.S. District Court for the District of Massachusetts, first reported Marijuana Moment.
“We believe oral argument on Defendant Motion to Dismiss is appropriate,” says Litigator David Boies in a letter to Judge Mark G. Mastroianni, meaning that they are asking for oral arguments as a response to the DOJ’s motion that would mark the fate of the trial if approved by the Judge.
The Arguments
The central point of contention is the DOJ’s assertion that the regulated cannabis market in Massachusetts indirectly stimulates interstate commerce through “marijuana tourism.” According to the DOJ, this phenomenon occurs as the state’s legal cannabis businesses, which report hundreds of millions of dollars in annual sales, attract a significant number of out-of-state customers. The DOJ argues that this is a legitimate basis for federal intervention under the Commerce Clause of the Constitution, while the plaintiffs’ argument that
