The U.S. Supreme Court once again refused to weigh in on the federal laws banning cannabis last month, but Justice Clarence Thomas may have opened the door for future arguments to finally make it to the high court. While skeptics are certainly justified in their doubt that the Supreme Court will take up the issue of cannabis legalization any time soon, Justice Thomas’s statements are certainly worth considering as the industry plans future challenges. As industry stalwarts, policymakers, and confused citizens will bemoan at every turn, the state of cannabis regulation in the United States is nothing short of abject chaos. At present, the federal government retains its formal legal ban on cannabis but, in practice, has tolerated the loosening of cannabis laws in a vast majority of states. This has resulted in a highly unstable stalemate. Consumers of cannabis products in states like Colorado and California can buy cannabis under retail restrictions that resemble liquor control. But for business owners who continue to operate in cash, or for investors who are considering entering this highly lucrative and burgeoning industry, the law has been an unwieldy obstacle. Innovators and early adopters, by assuming all the risk, have reaped all the rewards. One more crack just appeared in the federal government’s cannabis ban. For years, the U.S. Supreme Court has refused to hear any cannabis-related disputes. For example, see the 2016 case of Nebraska v. Colorado where the Court denied leave to file a complaint where Nebraska tried to challenge Colorado’s cannabis laws. And last month, it refused to take one more in a case called Standing Akimbo, LLC v. the United States. However, Justice Clarence Thomas issued a statement opening the door to challenges to the Supreme Court’s cannabis jurisprudence.
Cannabis Business Executive – Cannabis and Marijuana industry news, 07/26/2021 21:30:00