The Trump administration has been stalling on making a decision about weed for a while now—soon, however, it may be out of his hands. He recently said his administration is preparing to make a decision on rescheduling cannabis after a long period of providing no information on the topic. Despite that positive news for the plant’s fans, the president’s Department of Justice (DOJ) attorneys are now gearing up to bring federal prohibition to the Supreme Court, creating uncertainty on where exactly cannabis will stand legally.
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As reported by MJBizDaily, Verano Holdings, a Chicago cannabis operator, partnered with three Massachusetts-based peers to sue the DOJ in 2023. They claimed the Controlled Substances Act’s federal marijuana prohibition is unconstitutional. On August 15, 2025, the Supreme Court gave the plaintiffs until October to file their petition to be seen before the court.
If the case is successfully brought before the court, this will be the first time marijuana prohibition has been considered at this level since 2005. Given Congress’s inability to enact meaningful reform due to conflicting voices and proposals being brought to it, this could be the only way to force the government’s hand on the matter.
This isn’t the only weed-related case the Supreme Court may see in the near future. In July, the federal government asked the high court to review U.S. v. Hemani, which would clarify the constitutionality of a law that prohibits owning a firearm for marijuana users. Trump’s DOJ intends for the court to uphold the legislation, implementing limits to the Second Amendment for “drug users and addicts.”
While this case is focused on the complexities of firearm ownership, it will present another big opportunity for the plant to be considered by the Supreme Court. According to Douglas Berman, a professor at the Moritz College of Law at the Ohio State University, “This is the kind of case that presents the greatest likelihood that the Supreme Court will have to grapple with some aspects of modern marijuana realities.”
Given the Trump administration’s support of the Second Amendment and private gun ownership, a case like Hemani may force the president to face the plant head on—as Berman said, “[The administration] may have a harder time or at least feel uncomfortable articulating a broad rule that says, ‘No Second Amendment rights for anybody and everybody who uses marijuana.’”
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If one or both of these cases are seen by the Supreme Court, the legal landscape around weed could change overnight. Right now, there’s no way to know what the very near future will hold for advocates for the plant—in the meantime, make sure to stay informed about your local laws and regulations.