RE:RE:In 2018 30/50 States had Sports Betting The question of why cannabis hasn't been taken up by the Supreme Court of the United States (SCOTUS) right now or specifically by January 20, 2025, involves several legal, political, and procedural aspects:
Legal and Procedural Context:
-
The Supreme Court decides which cases it will hear, typically choosing those that present significant questions of federal law or where there is a conflict among lower courts' decisions. Cannabis cases, although numerous at the state level, might not have presented the kind of legal ambiguity or conflict necessary for SCOTUS review.
-
The process of a case reaching SCOTUS involves appeals through lower courts, and unless there's a compelling reason, the Supreme Court might not feel the urgency to address cannabis-related issues immediately.
Recent Developments:
-
The U.S. Drug Enforcement Administration (DEA) is scheduled to hold a public hearing on December 2, 2024, to consider rescheduling cannabis from a Schedule I to a Schedule III drug, which indicates ongoing federal discussions about cannabis's legal status but not necessarily immediate Supreme Court involvement. -
There have been Supreme Court decisions related to cannabis, like the case where the court declined to hear a challenge to federal marijuana prohibition in IRS tax cases, suggesting a reluctance to delve into cannabis law at the federal level without clear necessity.
Political and Timing Considerations:
-
With the transition to a new administration on January 20, 2025 (Donald Trump elected as the 47th President), there might be shifts in policy priorities, including those related to drug policy. However, judicial processes do not strictly align with political transitions; they are more influenced by the legal merits of cases and the court's docket management.
-
The political climate, including public and legislative support for cannabis reform, might influence when or if cannabis issues are taken up by SCOTUS, but this influence is indirect through the cases that come before lower courts.
Current Status and Future Prospects:
-
As of now, cannabis is still federally illegal under Schedule I status, but states have been legalizing it for medical and recreational use. This discrepancy between state and federal law could eventually lead to a significant case reaching SCOTUS, but it hasn't yet been a priority or presented in a way that compels the court to act.
-
The potential rescheduling could change how cannabis businesses operate tax-wise, potentially reducing the effective tax rate significantly if moved to Schedule III, which might indirectly affect the urgency or nature of future SCOTUS cases.
In summary, the Supreme Court's decision on whether to hear cannabis cases depends on legal readiness, the significance of the legal questions posed, and the court's own docket priorities, not necessarily political transitions or specific dates like January 20, 2025. Without a case that clearly demands their attention on these grounds, cannabis issues might not see immediate SCOTUS review.