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Marijuana Companies Ask U.S. Supreme Court To Take Up Case Challenging Constitutionality Of Federal Prohibition
Published
14 hours agoon
A coalition of marijuana companies has filed a petition asking the U.S. Supreme Court to take up their case challenging the constitutionality of federal prohibition.
About two months after the court accepted an application for an extend the filing deadline, the law firm Boies Schiller Flexner LLP that’s representing the companies submitted the petition for writ of certiorari on Friday.
The case from Massachusetts-based marijuana companies and industry leaders—Canna Provisions, Gyasi Sellers, Wiseacre Farm and Verano Holdings–argues that the Commerce Clause of the U.S. Constitution precludes the federal government from enforcing criminalization laws against intrastate cannabis activity.
To that end, they want justices to reevaluate a landmark 2005 case, Gonzales v. Raich, wherein the Supreme Court narrowly determined that the federal government could enforce prohibition against cannabis cultivation that took place wholly within California based on Congress’s authority to regulate interstate commerce.
The new Supreme Court petition argues that the Raich decision was “an aberration” in the court’s precedents on the Commerce Clause and Necessary and Proper Clause, and represents “a drastic departure from the federalism principles those clauses embody.”
The ruling two decades ago permitted a “dramatic intrusion on the exercise of the States’ police powers,” it says.
The Controlled Substances Act’s (CSA) “significance to the exercise of the States’ police powers is massive and even greater today than it was in Raich’s time, when only nine states had legalized marijuana,” the petition says. “Thirty-eight states have now decided that the health and safety of their citizens is better served by making marijuana available through regulated channels than through prohibition. The CSA displaces those states’ choices and imposes Congress’s own views on intrastate policy. The serious federalism questions raised by that intrusion warrant the Court’s attention now, as they did in Raich.”
The petition says that after the Raich decision was issued, the federal government has “undermined the notion of any link between the CSA’s interstate goals and its intrastate prohibitions.”
“Since 2014, Congress has barred enforcement against state-regulated medical marijuana but not adult-use marijuana (while leaving both prohibited under the CSA). State-regulated medical marijuana is therefore less regulated, from a federal perspective, than the least-controlled Schedule V substances in the CSA. The DOJ has taken non-enforcement even further, with a policy of not enforcing the CSA as to either state-regulated medical or adult-use marijuana… This long period of desuetude has severed any link between controlling state-regulated marijuana and regulating interstate commerce, thereby rendering the CSA’s intrusion on the States’ policymaking even more stark.”
A U.S. appeals court rejected the arguments of the state-legal cannabis companies in May. It was one the latest blows to the high-profile lawsuit following a lower court’s dismissal of the claims. But it’s widely understood that the plaintiffs’ legal team has long intended the matter to end up before the nine high court justices.
Four justices must vote to accept the petition for cert in order for the court to take up the case.
While it remains to be seen whether SCOTUS will ultimately take the case, one sign that at least some on court might be interested in the appeal is a 2021 statement from Justice Clarence Thomas, issued as the court denied review of a separate dispute involving a Colorado medical marijuana dispensary.
Thomas’s comments at the time seemed to suggest it’d be appropriate revisit Raich—a move that could upend federal prohibition.
The statement pointed to policy developments since the earlier case was decided, such as the hands-off enforcement approach taken by the Department of Justice as more states legalized cannabis and a congressional budget rider protecting state-legal medical marijuana programs.
“Whatever the merits of Raich when it was decided, federal policies of the past 16 years have greatly undermined its reasoning,” Thomas wrote, describing the government’s approach to cannabis enforcement as “a half-in, half-out regime that simultaneously tolerates and forbids local use of marijuana.”
“Though federal law still flatly forbids the intrastate possession, cultivation, or distribution of marijuana…the Government, post-Raich, has sent mixed signals on its views,” the justice continued, saying the situation “strains basic principles of federalism and conceals traps for the unwary.”
The initial complaint in the current case now known as Canna Provisions v. Bondi, filed in U.S. District Court for the District of Massachusetts, argued that government’s ongoing prohibition on marijuana under the Controlled Substances Act (CSA) was unconstitutional because Congress in recent decades had “dropped any assumption that federal control of state-regulated marijuana is necessary.”
At oral argument on appeal late last year, David Boies told judges that under the Constitution, Congress can only regulate commercial activity within a state—in this case, around marijuana—if the failure to regulate that in-state activity “would substantially interfere [with] or undermine legitimate congressional regulation of interstate commerce.”
Boies, chairman of the firm, has a long list of prior clients that includes the Justice Department, former Vice President Al Gore and the plaintiffs in a case that led to the invalidation of California’s ban on same-sex marriage, among others.
Judges, however, said they were “unpersuaded,” ruling in an opinion that “the CSA remains fully intact as to the regulation of the commercial activity involving marijuana for non-medical purposes, which is the activity in which the appellants, by their own account, are engaged.”
The district court, meanwhile, said in the case that while the there are “persuasive reasons for a reexamination” of the current scheduling of cannabis, its hands were effectively tied by past U.S. Supreme Court precedent in Raich.
This comes in the background of a pending marijuana rescheduling decision from the Trump administration. President Donald Trump said in late August that he’d make a determination about moving cannabis to Schedule III of the CSA within weeks, but he’s yet to act.
Meanwhile, this week the Supreme Court agreed to hear a separate case on the constitutionality of a federal law prohibiting people who use marijuana or other drugs from buying or possessing firearms. The Trump administration has argued that the policy “targets a category of persons who pose a clear danger of misusing firearm” and should be upheld.
Read the Supreme Court petition below:
Author: mscannabiz.com
MScannaBIZ for all you Mississippi Cannabis News and Information.
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Michigan Lawmakers Consider Bills To Change Legal Marijuana Possession Limits And Alter Industry Disciplinary Rules
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October 25, 2025
Michigan has “become, in a lot of ways, sort of a central location for illicit operations, because the penalties for illicit activity are so low here.”
By Ben Solis, Michigan Advance
Four marijuana-related bills were up for consideration before a House panel on Thursday, with one aiming to upend rules on the legal amount of regulated marijuana a person is allowed to possess, both in plant and concentrate form.
Members of the House Regulatory Reform Committee discussed but did not amend or advance House Bill House 5104, Bill 5105, House Bill 5106 and House Bill 5107.
Derek Sova, a policy and legislative assistant for the Cannabis Regulatory Agency, told the committee previously that Michigan’s legal marijuana industry faced several challenges, and that two of those big hurdles were large illicit grow operations and the agency’s inability to go after bad actors because their licenses had expired.
The series of bills before the committee would address those concerns.
House Bill 5105 and House Bill 5107 are sponsored by state Reps. Pauline Wendzel (R-Watervliet) and Mike Hoadley (R-Au Gres), respectively. The bills would in tandem create new penalties for cultivating, delivering and processing black market marijuana, but also change the amount of marijuana a person is legally allowed to possess in plant and concentrate form.
The bills are tie-barred together, meaning both would have to jointly clear the Legislature and be signed by the governor to become law.
Under Wendzel’s bill, a person would be guilty of a misdemeanor if they possess between 10 and 25 kilograms, or between 50 and 100 plants, or between one and 2.5 kilograms of marijuana concentrate. The penalty would change to up to one year in jail or a $20,000 fine, or both.
Keeping between 25 and 125 kilograms, or between 100 and 500 plants, or between 2.5 and 12.5 kilograms of marijuana concentrate would become a felony punishable by two years in prison or a $500,000 fine, or both.
It would also be a felony offense to:
- Keep between 125 and 250 kilograms, or between 500 and 1,000 plants, or between 12.5 and 25 kilograms. That could net a person four years in prison or a $2 million fine or both; and
- Keep 250 kilograms or more, or 1,000 plants or more, or 25 kilograms or more of marijuana concentrate. The punishment there would be up to 10 years in prison or a $10 million fine, or both.
Sponsored by state Rep. Kristian Grant (D-Grand Rapids), House Bill 5104 would allow the Cannabis Regulatory Agency to sanction a person even if they are no longer a licensee or if they are no longer operating a marijuana facility.
At present, the Medical Marihuana Facilities Licensing Act holds that the expiration of a state-issued license terminates the authority of the agency to impose sanctions. The bill from Grant would retain that position but would add that the authority to impose sanctions would continue if there was already a pending action against a former licensee or facility operator.
House Bill 5106, sponsored by state Rep. Jerry Neyer (R-Shepherd), would amend the state’s Regulation and Taxation of Marihuana Act to similarly address disciplinary action on recreational licenses. The bill would let the agency summarily suspend a license if the licensee’s conduct poses a risk to the health, safety or welfare of the public.
Much like House Bill 5104, Neyer’s legislation would also give the agency authority to take disciplinary action against a person who no longer holds a license or if their license has recently expired.
The risks that could lead to license suspension or discipline, as outlined in the bill, include possessing marijuana from a source that cannot be determined, keeping marijuana stashes obtained in violation of the act, obstructing an agency investigation, and failing to provide the agency with required records.
Neyer’s bill affects growers, processors, retailers, microbusinesses, safety compliance facilities and secure transporters.
State Rep. Emily Dievendorf (D-Lansing) said they were concerned about upticks in enforcement given that some industry folk were previously on the negative end of marijuana enforcement when it was illegal in Michigan. She questioned whether it was right to increase enforcement when the state was actively beginning to tax marijuana sales at a higher rate, which some have warned will ultimately push consumers to the black market.
Sova said that the point of the package was to support the licensed industry, as much as possible, especially those following the rules.
“That’s the purpose of giving us the greater enforcement authority over the bad actors in the licensed space who are cheating, who are undermining the folks who are trying to do it the right way,” Sova said. “This has been an issue, I believe, in communities where you’ve had a lot of these large illicit outdoor growers. You’re talking sometimes thousands or tens of thousands of plants that, the way the statutes are set up right now, there’s really no disincentive to continue doing that.”
Sova added that Michigan has “become, in a lot of ways, sort of a central location for illicit operations, because the penalties for illicit activity are so low here.”
State Rep. Joseph Aragona (R-Clinton Township), the committee’s chair, said he agreed with Dievendorf.
“The 24 percent tax was difficult,” he said. “We obviously did not want to do in the House, but this could definitely help those legal growers who are going to be paying it, because, if I’m mistaken, the black market won’t be paying that tax.”
Sova said that was certainly the intention of the pending legislation.
Hoadley also testified along with Iosco County Prosecutor Jim Bacarella and Branch County Prosecutor Zach Stempien, both of whom supported the legislation and expressed concern for those working in the industry. Some of that concern had to deal with the exploitation of migrant workers or foreign nationals, which were issues brought up by the prosecutors during testimony.
This story was first published by Michigan Advance.
Photo courtesy of Chris Wallis // Side Pocket Images.
Author: mscannabiz.com
MScannaBIZ for all you Mississippi Cannabis News and Information.
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Bad Stoner Horror: The 10 Worst-Rated 420 Scary Movies
Published
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The horror genre and weed culture have crossed paths plenty of times, giving birth to a quirky (and often laced with humor) subgenre known as stoner horror. But not all of these productions hit the mark as hard as the great masterpiece Cabin In the Woods (2011), the hilarious This Is The End (2013), or even the pretty–decent Idle Hands (1999). Some have earned the label of the “worst stoner horror flicks” thanks to their ridiculous plots, low-budget special effects, and questionable acting.
Among the most notorious examples are Evil Bong (2006), Bong of the Dead (2011), and Pot Zombies (2005). While these films lack solid execution, they’ve managed to gain cult status among B-movie horror fans thanks to their over-the-top, often comical approach.
So, are they worth watching? Maybe, maybe not, but one thing’s for sure: when a film goes from bad to downright terrible, it can still make for some pretty good entertainment.
Here’s your list (watch out! Spoilers ahead).
Ranked from best to worst: 10 weed-infused horror movies
10 – Bong of the Living Dead (2017)
This horror-comedy follows a group of stoner friends who see their dream of surviving a zombie apocalypse come true. At first, it seems exciting, but they soon realize the apocalypse isn’t nearly as fun as they imagined.
The movie blends classic stoner humor with a heavy dose of zombie gore. With subtle recalls to Shaun of the Dead, it works as a parody of the zombie genre made on a shoestring budget, but standing out for its creativity and style.
9 – The Tripper (2006)
Directed by David Arquette and starring Courteney Cox (Friends), this film mixes horror with political satire. A group of young people head to a music festival in the woods, only to be hunted by a serial killer obsessed with Ronald Reagan. Serving as a critique of 1980s conservative politics, the movie stands out for its bloody, offbeat approach.
8 – Trim Season (2024)
In this horror thriller, a group of seasonal workers venture onto a remote weed farm in California, only to discover something far more sinister lurking among the plants. The film blends rural horror with a critique of labor exploitation.
7 – Hansel & Gretel Get Baked (2013)
This horror-comedy puts a modern twist on the classic tale of Hansel and Gretel. When Gretel discovers a powerful strain called Black Forest, she and her brother find themselves embroiled in a bloody adventure involving a modern-day witch, played by Lara Flynn Boyle (Twin Peaks). With irreverent humor and horror effects, this film is a bizarre and modern take on the classic.
6 – Evil Bong (2006)
A horror-comedy starring cannabis icon Tommy Chong, where a group of friends buys a mysterious bong that turns out to be possessed. After lighting up, they are transported to a hellish dimension where they must fight for their lives. The film is part of a series known for its absurd humor: its sequel, Evil Bong 420, has an even lower rating: a whooping 2.6/10 on IMDb.
5 – 4/20 Massacre (2018)
Five girlfriends decide to spend April 20th (4/20) camping in a national park, where they come across an illegal grow operation and are forced to fight to survive against a killer maniac. This film blends slasher horror with weed culture, offering both scares and references to stoner icons.
4 – Halloweed (2016)
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3 – Star Leaf (2015)
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2 – Bong of the Dead (2011)
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1 – Pot Zombies (2005)
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Author: mscannabiz.com
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Acclaimed cannabis journalist and documentarian Veronica “Vee” Castillo has released the first installment of her series The Traveling Cannabis Writer’s Guide to America’s Hidden Gems. Part 1 of the series, dubbed The 30,000-Foot View, is an impactful collection of notes from the road bringing together more than six years of on-the-ground reporting from across the United States, and highlighting the voices, businesses, and cultural movements often overlooked by mainstream media coverage.
Castillo has built a reputation as one of the most trusted grassroots storytellers in cannabis media. Through 200+ published articles across more than 20 publications, she has documented the cannabis movement not from behind a desk, but face-to-face with craft cultivators, equity entrepreneurs, reform advocates, and plant medicine practitioners operating within the legacy of prohibition. From small farming towns to inner-city collectives, Castillo’s work places community and lived experience at the center of the cannabis narrative.


About the Book
Part memoir, part documentary journalism, and part social history, The 30,000-Foot View explores:
- The origins of a journey — Castillo’s decision to leave her home in Ohio in 2018 and travel the country to learn about plant medicine after cannabis helped her overcome debilitating migraines.
- Women shaping cannabis innovation — Insightful profiles of women—primarily Black, Brown, and Latina entrepreneurs—building purpose-driven brands in a system not built for them.
- Culture and connection — A rare look at cannabis’ cultural roots across Puerto Rico, Florida, Chicago, and beyond, where food, music, tradition, and plant medicine intersect.
- Advocacy on tour — Behind-the-scenes documentation of educational, business, and policy tours that connected grassroots operators and advanced equity conversations nationwide.
- The economics of survival — A frank examination of taxes, regulation, and the true cost of building an equitable cannabis industry under ongoing systemic pressure.
A Record of Cannabis Progress, as Shared by the People in It
With state-level drug policy reforms sweeping the country and consolidation reshaping the cannabis business landscape, Castillo believes it is urgent to preserve the legacy of the movement before it becomes distorted.
“Corporate cannabis didn’t build this industry,” Castillo writes. “Communities did. Healers did. Freedom fighters did. Farmers did. People harmed by the War on Drugs did. These are their stories, and they deserve permanence.”
In contrast to most cannabis industry analysis available in book form, Castillo’s work is lived, personal, and fiercely human. She brings readers into farms, family kitchens, hemp mansions, trap-adjacent clinics, cross-country tour vans, and policy meetings alike. The 30,000 Foot View is a historical archive in motion and a rallying call for equity-centered growth in cannabis.
Availability
The 30,000 Foot View is now available on Kindle. For media inquiries, partnership opportunities, and speaking engagements, please reach out to: Veetravelingvegcannawriter@gmail.com
Author: mscannabiz.com
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