Government
Here We Go! The Latest Lawsuits to End Federal Prohibition
High profile lawsuits to end cannabis prohibition are nothing new. We’ve covered efforts going back several years, though none of these has succeeded. A recently announced attempt, though, may be the best chance yet– especially given the changing environment with cannabis legalization in so many states; and especially given Constitutional jurisprudence relevant to those changes.
So what is happening? Well, various influential marijuana companies and stakeholders are joining to sue the federal government over alleged unconstitutional policies which affect their operations. This is according to the CEO of one of the companies joining the suit. This effort is especially interesting because of who represent this coalition of multi-state operators (MSOs). Allegedly taking on the case is the renowned constitutional law firm Boies Schiller Flexner LLP. And David Boies — who many regard as the greatest living Constitutional law litigator — is said to be leading the charge.
Boise Schiller has represented clients in constitutional issues ranging from government agencies, politicians, and groups of plaintiffs in high-stakes constitutional rights cases. By taking on the case, the firm would be validating that the coalition’s claims have some merit.
In reality, the coalition plans on filing two separate federal district court, according to Abner Kutin, founder and CEO of Ascend Wellness Holdings. Kurtin mentioned that these lawsuits will likely be filed “in the next couple of months,” and that potential supporters of the “industry-wide effort” include Curaleaf and TerrAscend, as well as the American Trade Association of Cannabis and Hemp (ATACH).
The first lawsuit to end cannabis prohibition centers around the federal prohibition on interstate commerce in a cannabis context, as well as challenge the constitutionality of the Controlled Substances Act (CSA) with a specific interpretation of the US Constitution’s Commerce Clause. One point the coalition will argue is that the federal government’s interstate commerce authority, particularly regarding fungibility, should not apply to cannabis companies in state-legal markets, which are highly regulated. On the other hand, the federal government will argue that market fungibility is the base of its interstate commerce authority. In other words, a good produced in one state can affect pricing of the good in other states, which gives the federal government jurisdiction to regulate it.
In 2005 the Supreme Court ruled along these lines in Gonzales v. Raich, a Supreme Court cannabis ruling that expands the federal government’ authority. In that case, the plaintiffs were medical cannabis patients who invoked the 10th Amendment to protect their right to access marijuana that was legally grown and used in California. The Supreme Court majority thought differently, however, ruling that cultivating cannabis plants for medical use could impact marijuana pricing on the national illicit market. Kurtin argues that this is no longer the case, as state markets are now sophisticated and unique as to render national cannabis markets unaffected by cannabis cultivation in a particular state.
The coalition will also likely make the same argument as that raised by Supreme Court Justice Clarence Thomas, who criticized the federal inconsistency of cannabis enforcement last year. This inconsistency, argues Thomas, is an example of why courts should end federal cannabis prohibition. Also worth noting is that Thomas ruled in favor of the cannabis patients in Gonzales.
The second lawsuit shines a light on the US tax code, specifically Section 280E. This is another fraught area, which clients of ours have also challenged in high-profile federal litigation. The Section states:
“No deduction or credit shall be allowed for any amount paid or incurred during the taxable year in carrying on any trade or business if such trade or business . . . of trafficking in controlled substances . . . which is prohibited by Federal law or the law of any State in which such trade or business is conducted.”
This essentially means that cannabis companies cannot claim tax deductions because they are trafficking a controlled substance under the CSA. A resolution in favor of the plaintiffs could be retroactive as well, allowing cannabis companies to recover tax deductions that they could have applied in years past. The recovery of these deductions could actually help to fund the litigation, in theory.
The lawsuits come at an opportune time, as many federal bills to legalize cannabis use at the federal level are stuck in either the House of Representatives or the Senate (see our recent summaries here and here). In addition, Kurtin mentioned that the lawsuits will be argued from a perspective of states’ rights, which will likely garner support from both political parties and appeal to the Supreme Court’s conservative majority.
Ultimately, the lawsuits to end cannabis prohibition represent another angle—which avoids the various hurdles of legislative approval—for federal prohibitions on cannabis to be overturned. Even if the litigation fails, it should exert even more pressure on Congress to Act. But the potential agreement of a highly regarded constitutional law firm to represent a coalition of major players in the cannabis world signals the potential merits of their claims. We will track the these cases in the coming months closely.
Source: https://harrisbricken.com/cannalawblog/here-we-go-the-latest-lawsuit-to-end-federal-prohibition/
Corruption
Four Ganga Land Leases Cancelled in Sambhal After Record Irregularities
The Sambhal district administration has cancelled four government land leases issued more than three decades ago after an official investigation found alleged irregularities in the classification and allotment of Ganga river land.
The action follows an inquiry that concluded approximately 31 bigha of land in Surpur village of Gunnour tehsil was leased after its original revenue classification was allegedly altered, allowing land categorized as riverbed to be treated as agricultural property.
Inquiry Reveals Alleged Record Manipulation
The decision was taken by the Additional District Magistrate (ADM) based on an investigation conducted by the Sub-Divisional Magistrate (SDM), Gunnour.
Officials found that while the current revenue records listed the land as transferable agricultural property, older consolidation documents identified it as Category-6(1) submerged river land, making it ineligible for such allotments.
Following the findings, the administration ordered the cancellation of all four leases and directed revenue officials to restore the land’s original classification in official records.
Leases Issued in 1991 Declared Invalid
According to the inquiry, the disputed leases were granted on November 17, 1991, in the names of Shrinivas, Sher Singh, Shakuntala, residents of Surpur village, and Prakash Chandra of Patei Kayasth village.
Authorities stated that the allotments did not comply with the provisions of Section 128 of the Uttar Pradesh Revenue Code, 2006, prompting their cancellation.
Officials said corrective entries are now being made in the revenue records to reflect the land’s original legal status.
Wider Probe Into Ganga Riverbank Land Allotments
The latest action is part of a broader investigation into alleged irregularities involving government land located along the Ganga riverbank in Sambhal district.
Earlier investigations uncovered suspected illegal allotments involving nearly 845 bigha of government land in Sukhailla village under Gram Panchayat Asadpur, where 162 leases are also under scrutiny.
Investigators believe a similar pattern may have been followed in multiple cases, with riverbed land allegedly reclassified as agricultural land before being leased to individuals.
Field inspections reportedly found that much of the land was unsuitable for conventional farming and was instead being used for activities such as sand mining.
Government Land Worth ₹18 Crore Under Review
District officials estimate that approximately 850 bigha (around 71.5 hectares) of government land, valued at nearly ₹18 crore, is currently under investigation.
Authorities have launched a comprehensive review of historical land leases issued across villages situated along the Ganga river in the Rajpura, Gunnour, and Junawai blocks.
The objective is to determine which allotments were made legally and identify cases where land records may have been manipulated.
Officials’ Role Also Being Examined
The investigation has also raised questions about the possible involvement or negligence of officials from the revenue and consolidation departments.
District authorities said responsibility will be fixed after the inquiry is completed, and legal or departmental action will be taken against anyone found to have violated land allotment rules.
Officials indicated that the ongoing review could reveal additional cases involving unauthorized occupation or irregular leasing of government land.
The administration has reiterated its commitment to restoring government property and ensuring transparency in land management across the district.
Education & Training
NTA Warns NEET UG 2026 Candidates Against Fake OMR Sheets
The National Testing Agency (NTA) has issued a warning to NEET UG 2026 candidates and their parents against submitting fake, altered, or AI-generated OMR sheets while raising objections related to examination results.
The examination authority said that candidates found providing fabricated documents or misleading information during the verification process could face legal consequences.
The warning comes after several students approached the agency with complaints alleging discrepancies between their expected scores and the marks published in the final results.
NTA Finds Suspicious Documents During Verification
According to the NTA, some candidates submitted OMR sheets while requesting score verification, but officials found that certain documents appeared to be manipulated or artificially generated.
The agency clarified that only original OMR sheets issued during the examination process will be accepted for reviewing complaints.
NTA officials said they are examining all grievances carefully and will consider only verified examination records while deciding on score-related concerns.
Students Raise Questions Over NEET UG Results
After the announcement of NEET UG 2026 results, several candidates reported differences between their estimated marks based on the official answer key and their final scorecards.
Some students claimed that their expected scores were significantly higher than the marks awarded in the results.
In some reported cases, candidates alleged that uploaded OMR sheets did not match their original answer sheets or that the displayed scores were inconsistent with their calculations.
The complaints prompted several students and parents to seek clarification and request a detailed review of the evaluation process.
AI-Generated Fake Records Create New Challenge
The NTA has highlighted the growing misuse of artificial intelligence tools to create fake examination documents.
Officials said digitally altered OMR sheets and fabricated records could create difficulties in identifying genuine grievances and may affect the integrity of the complaint resolution system.
The agency advised candidates to avoid using unofficial documents or modified materials while submitting objections.
Candidates found involved in producing false evidence may face action under applicable laws, the NTA warned.
NEET UG 2026 Conducted Again After Paper Leak Allegations
The NEET UG 2026 examination process faced controversy after allegations of a paper leak led authorities to cancel the original exam held on May 3.
A re-examination was conducted on June 21 for affected candidates, following which results were announced on July 16.
After the controversy, the government announced plans to move future NEET UG examinations from the traditional pen-and-paper format to a computer-based testing (CBT) system.
Verification Process Continues
The NTA said the review of complaints submitted by candidates is still underway and further decisions will be taken after completing the verification of all documents.
The agency has urged students to rely only on official communication channels and submit genuine records while seeking clarification about their results.
Corruption & Governance
Goa PWD Tenders Worth ₹1,000 Crore Come Under Government Probe
The Goa government has initiated a detailed investigation into alleged irregularities in Public Works Department (PWD) tenders worth nearly ₹1,000 crore, following complaints of document manipulation and misuse of contractor eligibility credentials.
The probe focuses on claims that certain construction firms may have secured high-value infrastructure contracts by submitting falsified or altered work completion certificates to qualify for top contractor categories.
Allegations of Fake Experience Certificates in Tender Bids
According to complaints filed by engineers and contractors, several companies allegedly used questionable documentation to obtain Class IAA contractor status, a designation that allows participation in large-scale government infrastructure projects.
Investigators are examining whether manipulated work completion certificates were used to falsely demonstrate prior project experience, thereby inflating eligibility during the tender evaluation process.
One of the key concerns involves references to infrastructure projects executed under Karnataka Neeravari Nigam Limited, including the “Mudi Tank Filling Scheme.” Authorities are verifying claims that duplicate or inconsistent completion certificates may have been issued for the same project.
JV Structure Alteration Under Scrutiny
Officials are also investigating alleged changes in joint venture (JV) agreements submitted during tender applications. In one case under review, a 2019 JV reportedly listed Amrita Constructions Private Limited as the lead partner, with another firm as a supporting entity.
However, documents submitted to Goa PWD allegedly reversed these roles, naming Bagkiya Constructions as the lead partner. This change is suspected to have significantly enhanced the company’s technical eligibility and past performance record.
Authorities believe such alterations may have allowed firms to qualify for contracts they would otherwise not have been eligible for under standard procurement norms.
Allegations Linked to Karnataka Project Documentation
Another complaint under review concerns the “Akka Mahadevi Memorial Project” in Shivamogga, Karnataka, valued at over ₹51 crore. It is alleged that the project, executed in phases, was incorrectly represented as a single completed contract to meet eligibility requirements for higher-value tenders.
Investigators are verifying whether such representations were used to gain unfair advantage in experience-based qualification criteria.
Government Launches Comprehensive Inquiry
Following the emergence of these allegations, the Goa government has ordered a preliminary inquiry into all related contracts, approvals, and supporting documentation.
Officials have stated that every stage of the tendering process—including eligibility checks, certificate validation, and contract award decisions—will be examined in detail.
If irregularities are established, possible actions may include contract cancellation, blacklisting of firms, recovery of funds, and legal proceedings against those involved in submitting false documentation.
Concerns Over Procurement Transparency
The case has raised broader concerns about transparency and verification systems in public infrastructure procurement. Experts point out that reliance on manual documentation without robust digital verification increases the risk of fraud in large-scale government contracting.
Transparency advocates have called for stronger auditing systems, centralized contractor databases, and real-time verification of project credentials to prevent misuse of public tender processes.
Probe Continues
Authorities have confirmed that the investigation is ongoing and a detailed report will be prepared after reviewing all evidence and documentation. Further action will be taken based on the findings in accordance with applicable laws and procurement rules.
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