Represented by lawyer David Boies, the companies--Massachusetts retailer Canna Provisions, marijuana delivery business owner Gyasi Sellers, Wiseacre Farm and multistate operator Verano Holdings--U.S. Attorney General Merrick Garland in U.S. District Court in Massachusetts. The lawsuit claims that the federal Controlled Substances Act undermines state law, harms the owners' businesses and threatens their public safety by forcing them to operate largely on a cash basis.
In 2005, the U.S. Supreme Court held that Congress’ intent to “eradicate” marijuana from interstate commerce was enough to support the federal government’s intrusion on state regulation of the drug. Boies is known for his work representing the U.S. government in its antitrust battle with Microsoft Corp and Vice President Al Gore in the U.S. Supreme Court battle over the 2000 presidential election recount. He has more recently drawn criticism over his work for Harvey Weinstein and failed blood testing startup Theranos.