No. 25-518

Canna Provisions, Inc., et al., v. Pamela J. Bondi, Attorney General

Lower Court: First Circuit
Docketed: 2025-10-28
Status: Denied
Type: Paid
Amici (3)Response Waived Experienced Counsel
Tags: commerce-clause congressional-power economic-activity interstate-commerce marijuana-regulation rational-basis
Key Terms:
DueProcess FifthAmendment JusticiabilityDoctri
Latest Conference: 2025-12-12
Question Presented (AI Summary)

Should the Court overrule Raich's holding that Congress can regulate purely local economic activity if there is any 'rational basis' that such activity substantially affects interstate commerce?

Question Presented (from Petition)

Petitioners brought this case to challenge the validity of the Court’s ruling in Gonzales v. Raich , 545 U.S. 1 (2005) , that Congress may prohibit the purely local production, distribution, and possession of marijuana that is authorized by state law. A narrow majority held that the Court “need not determine whether” those “activities, taken in the aggregate, substantially affect interstate commerce in fact, but only whether a ‘rational basis’ exists for so concluding ,” id. at 22 , and that Congress could rationally conclude that those activities would frustrate its goal of eliminating interstate marijuana. Multiple developments have undermined Raich ’s rationale and outcome. Following Raich , the Court has applied a more rigorous standard to Congress’s regulation of traditionally local concerns. See, e.g. , Nat’l Fed’n of Indep. Bus. v. Sebelius , 567 U.S. 519, 560 (2012) (opinion of Roberts, C.J.) (holding that the individual mandate was not incidental to interstate regulation). Technological advances have made state -regulated marijuana distinguishable from interstate marijuana , and Congress and the Executive Branch have embraced that distinction with legislation and policies against prosecuting st ateregulated marijuana activities. Dozens more states — 38 total —have enacted marijuana programs, and interstate commerce in marijuana has dropped. Question 1 : Should the Court overrule Raich ’s holding that Congress can regulate purely local economic activity if there is any “rational basis” that ii such activity substantially affects interstate commerce ? Question 2 : Has Congress validly prohibited the purely local growing, distribution, and possession of state -regulated marijuana under the Commerce Clause and Necessary and Proper Clause?

Docket Entries

2025-12-15
Petition DENIED.
2025-11-26
Amicus brief of Michael Colosi submitted.
2025-11-26
Brief amicus curiae of Michael Colosi filed. (Distributed)
2025-11-25
DISTRIBUTED for Conference of 12/12/2025.
2025-11-25
Amicus brief of Cato Institute submitted.
2025-11-25
Brief amicus curiae of Cato Institute filed. (Distributed)
2025-11-24
Letter re Amici Briefs of Canna Provisions, Inc., et al. submitted.
2025-11-24
Letter from petitioners Canna Provisions, Inc., et al. received.
2025-11-19
Amicus brief of Americans for Prosperity Foundation submitted.
2025-11-19
Brief amicus curiae of Americans for Prosperity Foundation filed.
2025-11-17
Waiver of Bondi, Att'y Gen. of right to respond submitted.
2025-11-17
Waiver of right of respondent Bondi, Att'y Gen. to respond filed.
2025-11-17
Waiver of right of respondent Pamela Bondi, Attorney General, to respond filed.
2025-10-24
Petition for a writ of certiorari filed. (Response due November 28, 2025)
2025-08-15
Application (25A180) granted by Justice Jackson extending the time to file until October 24, 2025.
2025-08-11
Application (25A180) to extend the time to file a petition for a writ of certiorari from August 25, 2025 to October 24, 2025, submitted to Justice Jackson.

Attorneys

Americans for Prosperity Foundation
Michael David PepsonAmericans for Prosperity Foundation, Amicus
Michael David PepsonAmericans for Prosperity Foundation, Amicus
Bondi, Att'y Gen.
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Canna Provisions, Inc., et al.
David BoiesBoies, Schiller & Flexner LLP, Petitioner
David BoiesBoies, Schiller & Flexner LLP, Petitioner
Cato Institute
Thomas Arthur BerryCato Institute, Amicus
Thomas Arthur BerryCato Institute, Amicus
Michael Colosi
Frank Dawson Garrison IVPacific Legal Foundation, Amicus
Frank Dawson Garrison IVPacific Legal Foundation, Amicus