Skip to content

You Can Help Today! Help Support ATACH As We Challenge The Constitutionality Of Federal Drug Laws

The legal landscape for state-regulated marijuana markets has changed dramatically since the U.S. Supreme Court last weighed in on the issue in 2005. That’s why ATACH is helping to challenge the constitutionality of our federal drug laws in court and we need your help.  You can make a contribution today to support our efforts!

In October 2023, several smaller and larger cannabis operators, and investors filed a lawsuit challenging the federal government’s ability to interfere with cannabis businesses in states that have legalized cannabis.  The lawsuit drives at a contradiction between two measures: the Controlled Substances Act and the Interstate Commerce Clause of the Constitution. This is a case about the rights of states to regulate marijuana within their borders, and about the corresponding limits on the federal government’s power to regulate commerce. State-regulated marijuana employs over 500K people and is currently a $34 billion industry, projected to be worth $57 billion by 2028 (Marijuana Business Daily).  

The federal prohibition on this industry puts it and thousands of jobs at risk. We intend to prove that the federal government lacks authority to prohibit state-regulated marijuana under the Controlled Substances Act and seeks to enjoin the federal government from enforcing the Controlled Substances Act in a manner that interferes with the intrastate cultivation, manufacture, possession, and distribution of marijuana, pursuant to state law. If we succeed, we will eliminate the confusion and conflict between state and federal law. Cannabis businesses will be able to operate, lease property, borrow money, post jobs, obtain insurance, and open bank accounts on the same terms as any other lawful business. Consumers will also benefit, including from being able to use credit cards to purchase marijuana. 

As an industry, we believe that change is needed, and we believe that this case will help drive that.  We need your support as we expect this to be a long process, one that may ultimately be decided at the Supreme Court. If you believe in this industry and support what we are doing, come join us.