Two libertarian groups — the Cato Institute and the Pacific Legal Foundation — have asked the U.S. Supreme Court to revisit the federal ban on marijuana under the Controlled Substances Act, filing amicus briefs in support of the petition in Canna Provisions Inc. v. Bondi/Garland. They contend that the Court’s 2005 decision in Gonzales v. Raich, which upheld federal power over intrastate cannabis activity, is out of step with widespread state legalization and evolving federal enforcement.

A third group, the Americans for Prosperity Foundation, has also urged the Court to take the case, arguing that applying the CSA to state-regulated, intrastate marijuana markets exceeds Congress’s commerce-clause authority.

A recent federal appeals court rejected a similar challenge and reinforced that Raich still controls — a conclusion only the Supreme Court can overturn. The justices will consider the petition at their December 12 conference and are expected to announce on December 15 whether they will hear the case.

If the Court limits federal authority over intrastate cannabis activity, the decision could ripple beyond marijuana, potentially affecting future federal oversight of nicotine products, heated tobacco, and other controlled substances.

This article was adapted from an original report published on tobaccoreporter.com. All rights belong to the original publisher.