Judge tosses Michigan lawsuit because marijuana is federally illegal

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A U.S. district judge dismissed a lawsuit against the Michigan Cannabis Regulatory Agency not for any reason related to the dispute but simply because marijuana is federally illegal.

“Federal law considers marijuana to be contraband for any purpose,” U.S. District Judge Paul Maloney wrote in a July 31 order that dismissed a suit filed by Viridis Laboratories against Michigan’s cannabis regulators.

The issue dates to 2021, when the Michigan Cannabis Regulatory Agency (CRA) recalled $229 million worth of cannabis products that had been tested by Viridis.

In recalling the products, the CRA alleged that Viridis wasn’t using proper methodology.

Viridis sued in response and scored a partial victory.

The lab followed up with another lawsuit, this time against four employees at the CRA.

Viridis alleged that the recall violated its right to due process under the U.S. Constitution.

However, Maloney ruled that because marijuana is still federally illegal, the industry isn’t protected by the Constitution.