As federal action to reschedule, legalize or otherwise regulate the marijuana trade lingers, legitimate cannabis operations in states where pot is now legal continue to face significant barriers to programs and services, largely because the federal Controlled Substances Act still outlaws the drug. Among the many hurdles encountered by these businesses are a lack of access to federal tax credits and difficulty doing regular business with banks and credit card companies. Josh Schiller, Partner at Boies, Schiller & Flexner LLP, joins BI litigation and policy analysts Justin Teresi and Nathan Dean to discuss his constitutional challenge to the Controlled Substances Act brought on behalf of Massachusetts cannabis growers, packagers and retailers — centered on the argument that Congress can’t use the Interstate Commerce Clause to interfere with what’s now an entirely intrastate trade.

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