TOPIC
Litigation Strategy
In parallel to working with the executive branch on changes, Project Four 2029 will pursue litigation challenging the constitutionality of the federal government's reaching into states' rights territory by dictating what a state may qualify as "medical." Under originalism, states have the right to implement any medical system they deem appropriate within their own jurisdictions. The federal government should have no role in determining what is legal and what isn't, so long as the medical activity occurs purely within a state's borders. The Boies Schiller Flexner LLP case attempted this strategy but started from a failed position. Instead of commercial cannabis plaintiffs, this strategy will seek plaintiffs that are sympathetic patients and practitioners.
A second strategy will focus on personal possession rather than sale or manufacture. Again, under originalism, the federal government has no right to control what an individual possesses. In fact, Justice Thomas, in his concurrence in U.S. v. Hemani (2nd amendment marijuana case) said as much when it comes to the possession of firearms.
LAST UPDATED: JULY 4, 2026
REVIEWED BY: JASON ADELSTONE, ESQ.

