The Justice Department declined to file a brief on whether the U.S. Supreme Court should hear a case challenging the constitutionality of federal marijuana prohibition brought by cannabis businesses. The lawsuit, *Canna Provisions v. Bondi*, argues that the federal government cannot enforce criminalization against intrastate marijuana activity under the Commerce Clause, seeking to overturn the 2005 precedent *Gonzales v. Raich*. Although a U.S. appeals court rejected the claims, the plaintiffs intend for the matter to reach the Supreme Court. The article notes that Justice Clarence Thomas previously suggested *Raich* should be revisited. The Supreme Court has also agreed to hear a separate case concerning the constitutionality of prohibiting marijuana users from buying or possessing firearms.

Trump DOJ Skips Filing Brief in Cannabis Companies’ Prohibition Challenge

Nov 18, 2025

Source:

Kyle Jaeger

Marijuana Moment

The Trump administration's Justice Department has officially passed on filing a response to a Supreme Court petition that could end federal cannabis prohibition. The case, brought by a group of marijuana companies including Verano Holdings, aims to overturn a 20-year-old precedent that allows the feds to criminalize local, state-legal weed activities. By staying silent, the DOJ is essentially letting the Court decide the next move without interference, a strategy that has the industry both hopeful and a bit on edge.

This is a massive development for regular tokers because it brings us one step closer to potentially dismantling the federal laws that keep cannabis in a legal gray area. If the Supreme Court takes this up and rules in favor of the businesses, it would mean the federal government could no longer overstep into states where we’ve already voted for legal access. It’s a major push for state rights and personal freedom, signaling that the "half-in, half-out" era of enforcement might finally be reaching its breaking point.

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