The saga continues for four Massachusetts-based business owners who filed a lawsuit against the U.S. Justice Department in an attempt to overturn cannabis prohibition.

The plaintiffs include owners of Canna Provisions, Inc., Gyasi Sellers, Wiseacre Farm, Inc., and Verano Holdings Corp., who are represented by David Boies and Josh Schiller of Bois Schiller Flexner LLP. The lawsuit was first issued in October 2023, and used the results of a court case from 2005, Gonzales v. Raich, to showcase how federal prohibition of cannabis is outdated. “The federal criminal prohibition on intrastate marijuana remains in place, an unjustified vestige of a long-abandoned policy,” the lawsuit states. “This unjustified intrusion of federal power harms Plaintiffs, threatens the communities they serve, and lacks any rational purpose.”

According to a news report published by The Boston Globe, U.S. Attorney General Merrick Garland filed a motion to dismiss the case on Jan. 23, stating that the plaintiffs have no standing on which to sue, and have presented no evidence that prohibition has caused them injury (such as being arrested or prosecuted). The motion stated that “Even if the court were free to disregard Raich ’s holdings (it is not), Plaintiff’s attacks on that holding are unpersuasive,” that the “Plaintiffs lack standing to challenge the CSA [Controlled Substances Act],” and “Courts have consistently, and correctly, held that no fundamental right exists to distribute, possess, or use marijuana.”

The Boston Globe noted that the Department of Justice declined to comment, as of Jan. 29.

In defense of the business owners, Schiller described how there is evidence that the longstanding illegality of cannabis from a federal standpoint is “well-established.” Schiller cited examples such as cannabis businesses being heavily taxed, forced to pay insurance premiums, cannot take credit cards as a form of payment, and usually pay a higher price for rent or mortgages, “Almost like they are illegal businesses.”

James Smith, of Smith, Costello, & Crawford, commented on the lawsuit and told The Boston Globe that winning a case like this one is a “high hill to climb.” Even still, Smith described Massachusetts’ regulatory framework for legalization as “pretty pristine.” The federal government has yet to make a move on federal legalization and has made no constructive decisions regarding major industry issues, such as banking. Smith added that with a lack of action from the federal government, that leaves state legislators to act—and courts are waiting for them to do so.

Another comment was provided by Boston University professor and author, Jay Wexler, who told the news outlet that if legislators lose interest in regulating cannabis federally, then expecting the federal government to take on the role of cannabis business in all states “falls apart.” Wexler also stated that this current case could eventually reach the Supreme Court. “These are cases where plaintiffs are aiming for the Supreme Court because there are precedents,” said Wexler. “It’s pretty unlikely that lower courts will feel comfortable agreeing with the plaintiffs.”

Schiller estimated that the lawsuit could take two years to reach a conclusion. But one of the plaintiffs, Gyasi Sellers, who owns a delivery service called Treevit, explained that it’s worth the wait. The opportunity to freely and legally take credit cards as a form of payment would improve his entire business, making delivery quicker and also maintaining a safe work environment for employees. Sellers described how prohibition would be “like getting our training wheels taken off, or our handcuffs taken off, depending on how you want to look at it. It’d be nice to say our fate is actually in our hands, and we have the ability to reach our true potential.”

The support for putting an end to prohibition continues to grow. Following the recommendation to move cannabis from a Schedule I to a Schedule III substance by the U.S. Department of Health and Human Services, the industry eagerly awaits the decision of the Drug Enforcement Administration. Meanwhile, multiple House representatives and Senators are calling out to President Biden to make a move as well.

In a High Times exclusive interview, New York Senator Kristen Gillibrand called for an end to prohibition. “Studies show that legalizing marijuana could help reduce violence in international drug trafficking and generate billions of dollars for the economy,” Gillibrand said. “The vast majority of Americans agree that marijuana should be legalized—that’s why I’m calling on the Attorney General and the Drug Enforcement Administration to swiftly deschedule marijuana from the Controlled Substances Act.”

Many predict that rescheduling cannabis could give Biden a huge boost in the upcoming election later this year. A survey conducted by Lake Research Partner showed that Biden could benefit from an 11% boost from younger voters (based on the opinions of 900 voters used in the survey, spread out across the U.S.).

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Many of Massachusetts’ most exquisite cannabis products are smoked or consumed, but few are chosen. 

Cannabis Cups showcase the best cannabis products around, and the ones that really stood out rose to the top. The final results are astounding, and we’re proud to announce that Massachusetts is home to cannabis that’s better than ever. Last year, 2023 rang in the third year that we’ve hosted our High Times Cannabis Cup: People’s Choice Edition in the Bay State. And to kick off 2024, we’re announcing the final winners. 

Massachusetts is home to one of High Times’ most electrified and passionate crowds we’ve ever encountered among all Cannabis Cup events. We collected product submissions last October, representing the state’s best cannabis, via our primary retailer, Nova Farms. Nova Farms has dispensary locations in Attleboro, Framingham, and Dracut, Massachusetts, as well as locations in other states. The brand grows its own cannabis on a 90-acres farm in Sheffield, Massachusetts—one of the largest outdoor cannabis farms in New England.

Other exclusive retail partners that helped to host People’s Choice Edition 2023 include RISE, Native Sun Cannabis, Caroline’s Cannabis, NETA, Northeast Alternatives, Harbor House Collective, Affinity Cannabis, Rooted In, reLeaf Alternative Dispensary, Health Circle, The Botanist, and more. Thank you all.

Amid the holidays, on Dec. 24, Cannabis Cup Judges began sampling products and recorded their thoughts and ratings for each one, ranking them from 1-10 on the factors that define the loudest and best pot on the planet: Aesthetics, Aroma, Taste, Effects, Burnability, and more. They also had an opportunity to  a comments section where they could embellish more on what piqued their attention.It was those thoughts and rankings that determined our winners for 2023.

Last year’s winners include a couple of winners in multiple strains categories, Happy Valley and Rythm—which took home two trophies each. Munchèas always makes a big splash in the form of edibles, along with other brands including Happy Valley, Vibations, and Wynk. 

Adult-use cannabis sales were approved in 2016 with sales kicking off in 2018, and by now, Massachusetts’ market has matured to the point that the competition is getting intense. Don’t worry though, because we narrowed down the top cannabis products already, thanks to the hard work of our Cannabis Cup Judges who diligently record the details that make the final difference.

To all the brands, growers, processors, and retailers: Give yourself a well-deserved pat on the back. Below are the winners who were rated the highest overall in multiple categories.

Indica Flower

First Place: Harbor House Collective – Kosher Kush 

Second Place: Lazy River Products – Juicee J

Third Place: Superflux – Grapple Pie

Sativa Flower

First Place: Northeast Alternatives – Tropicana Cherry

Second Place: Lazy River Products – Chimera

Third Place: Garden Remedies – White Rainbow Special Stash

Hybrid Flower

First Place: The Botanist – Johnny Apple Seed

Second Place: Lazy River Products – Dante’s Inferno

Third Place: Harbor House Collective – Grape Cream Cake

Non-infused Pre-rolls Flower

First Place: Southie Adams – Lemon Cane 2g Fatty 

Second Place: Springtime – Layer Cake Pre-Roll

Third Place: Green Gold Group – Lemonz Pre-Roll

Infused Pre-rolls Flower

First Place: Pioneer Valley – Grapeness M80 Infused Pre-Roll

Second Place: Southie Adams – Sundaze Infused Blunt

Third Place: Happy Valley – Moonrocket Infused Pre-Roll

Solvent Concentrates

First Place: Superflux – Johnny Apple Seed Live Budder

Second Place: Nature’s Heritage – Sherb Cake Live Resin

Third Place: Sticky Fish – Lemon Party Live Budder

Non-Solvent Concentrates

First Place: Harbor House Collective – Grape Cream Cake Cold Cure Live Rosin

Second Place: Treeworks x Canna Provisions – Chem S1

Third Place: Suncrafted – Bio Diesel #2 Live Rosin Badder

Rosin Vape Pens

First Place: Treeworks – Wedding Pie Live Rosin Cart

Second Place: Harbor House Collective – Papaya Cake Live Rosin Vape

Third Place: Bountiful Farms – Guava Glue Live Hash Rosin Vape

Non-Rosin Vape Pens

First Place: Rove – Watermelon Zkittlez Live Resin Diamond Vape

Second Place: Church x Trade Roots – Ice Cream Cake Live Resin Vape

Third Place: Sticky Fish – Purple Marmalade Live Resin Cart

Edibles: Sativa Gummies

First Place: Beboe – Sparkling Pear Sativa Gummies

Second Place: Happy Valley – End Game Cookies x Guava Passionfruit Rosin Gummies

Third Place: Hashables – Tropical Typhoon Sativa Gummies

Edibles: Indica Gummies

First Place: Beboe – Plum Berry Indica Gummies

Second Place: Zzzonked – Strawberry Slumber Gummies

Third Place: Happy Valley – Grape 2:1 CBN:THC Rapid Onset Gummies

Edibles: Chocolate Non-Gummies

First Place: AHH MOMENTS – Ceremonial Matcha Organic Quinoa Crunch

Second Place: Bubby’s Baked Goods – Brownie Bites

Third Place: Meltdown – Churro Chocolate Bar

Edibles: Beverages

First Place: Vibations – Energy Cannabis Drink Mix

Second Place: Rove – Drink Loud Maui Blast Shot

Third Place: Wynk – Black Cherry Fizz

Topicals + Tinctures + Capsules

First Place: The Fix – Infused Cooling Balm

Second Place: Treeworks – Canna Cream

Third Place: Dr. Healey’s – Pain Balm Stick

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Little Steven brings ‘the highest quality stuff’ to his new line of pre-rolls. That ain’t all he’s got going on.
(Photo: Little Steven’s Underground Apothecary)

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