Supreme Court pushes cannabis companies’ cert petition deadline to October 24, 2025, due to constitutional complexity and amicus preparation.
On August 22, 2025, the U.S. Supreme Court quietly granted a 60-day extension to a group of cannabis businesses and advocates aiming to challenge federal marijuana prohibition. The new deadline to file their petition for certiorari is October 24, 2025, a significant move from the original August 25 date. The case, though still pending entry into the high court’s docket, has the potential to reignite a major constitutional debate over Congress’s authority to regulate intrastate marijuana.
The plaintiffs include Canna Provisions, Gyasi Sellers, Wiseacre Farm, and Verano Holdings. These businesses and individuals operate entirely within the legal framework of Massachusetts’ cannabis laws but remain vulnerable to federal criminal enforcement under current policy. They’re represented by powerhouse law firm Boies Schiller Flexner LLP—specifically, by renowned litigator David Boies. Their collective goal: to urge the Court to revisit the 2005 precedent set in Gonzales v. Raich, which upheld the federal government’s right to criminalize marijuana even when grown and sold within a single state.
So far, the effort has faced predictable setbacks. Both the U.S. District Court and the First Circuit Court of Appeals dismissed the plaintiffs’ constitutional claims, citing Raich as binding precedent. But those losses weren’t the end—they were strategic stepping stones. The aim has always been to reach the Supreme Court, where the plaintiffs hope to leverage shifting legal, political, and cultural tides.
In their application for the extension, Boies cited several factors. First, his own congested litigation calendar in federal courts across the country. Second, the complex constitutional nature of the case, which demands time for rigorous development. And third, the need for states, legal scholars, and advocacy groups to prepare amicus curiae briefs. These supporting documents, often critical in framing how the justices interpret a petition, are expected to be numerous. The Solicitor General’s office did not oppose the request, which likely helped the extension sail through without drama.
At the heart of the case is a set of questions that could reshape cannabis law: Does Gonzales v. Raich still apply in a post-legalization era? How far can Congress stretch the Commerce Clause to police activity that never crosses state lines? And, more broadly, how should federalism operate when 38 states and counting have legalized marijuana in some form?
Legal scholars have long debated the limits of the Commerce Clause, the constitutional provision that allows Congress to regulate interstate commerce. Raich rested on the idea that marijuana is fungible—that homegrown cannabis could affect national markets even if it never left the state. But today, with mature state regulatory schemes, seed-to-sale tracking, and strict local controls, that rationale may appear outdated.
The extension offers strategic advantages. More time means more robust amicus participation, particularly from states that may argue in favor of preserving their own regulatory autonomy. It also gives the petitioners time to sharpen their constitutional arguments, expanding the focus beyond cannabis and into the structural tensions between federal and state governance. In a political moment where cannabis reform enjoys bipartisan support, the optics of overreach by federal enforcers could influence how justices perceive the stakes.
The October 24 deadline is now the pivotal date. Once the petition is filed, the justices will review it behind closed doors. At least four of the nine must vote to grant certiorari. If they do, the Court will set a briefing schedule, followed by oral arguments. A decision could arrive by summer 2026, and if the justices agree to reconsider Raich, the implications would extend far beyond cannabis—potentially redefining the contours of federal power.
In covering this case, it’s important to avoid overstatement. The Court hasn’t agreed to hear it yet. The plaintiffs still face steep odds. But the seriousness of their legal team, the scope of the constitutional questions raised, and the tacit support of an unopposed extension suggest this isn’t just a shot in the dark. It’s a deliberate move in a long legal game.
This story is developing, and for now, all eyes are on October 24.
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