Supreme Court Justice Thomas wants Cannabis finally fully legalized
The Judge believes the ban is outdated.
Gabriel ThomasOctober 5, 2026
Supreme Court Justice Clarence Thomas said what most of us think Monday: The federal government's long-standing marijuana ban may have passed its expiration date. Widely regarded as one of the most conservative Supreme Court justices, Thomas made the comment in response to the Supreme Court decision to dismiss the appeal of a Colorado medical cannabis dispenser that sought the same federal tax breaks that other companies give become. Citing Gonzales v. Raich, a 2005 Supreme Court case that cemented the federal government's ban on weed, said Thomas said the law changed in light of the growing number of states and cities that have adopted legalization for both medical and recreational use may have outlived its usefulness for good. "Sixteen years ago, this court held that the power of Congress to regulate trade between states empowered it to ban the local cultivation and use of marijuana," Thomas wrote in his statement. "The reason, the court stated, was that Congress had 'passed extensive legislation to regulate the interstate market for a fungible commodity' and that 'exemptions' for local use might undermine that 'comprehensive' regime The court pointed out that Congress had decided to “completely prohibit the possession or use of \[marijuana\]” and “to designate marijuana as contraband for any purpose.” The ban on all domestic use was therefore “necessary and appropriate, the court said "in order to avoid a" gaping hole "in the" closed system of rules "of Congress." He added, "Whatever the merits of Raich when it was decided, federal policy for the past 16 years has severely undermined his reasoning. Once broad, the federal government's current approach is a half-in, half-out regime, which at the same time tolerates and prohibits the local use of marijuana. This contradicting and unstable state of affairs weighs down on the basic principles of federalism and holds traps for the unwary. " Thomas' statement is the latest sign that the federal marijuana ban may finally be cashed in. Almost 40 states have legalized medical marijuana, while 18 states have legalized recreational marijuana use for adults. Coupled with public opinion polls showing a solid majority in favor of legalization, there is growing evidence that Congress is ready to look seriously at it, too. In April Senate Majority Leader Chuck Schumer said Democrats were eager to push legalization. "We're going to move forward," Schumer said at the time. "\[President Joe Biden\] said he was studying the subject, so \[I\] obviously want to give him some time to study. I want to present my arguments to him, as many other proponents will. But eventually I will we carry on, period. " Last month the Democrats tabled legislation in the House of Representatives that would do just that. The MORE Act, as it is known, aims to "decriminalize and de-stigmatize cannabis, reinvest it in certain people negatively affected by the war on drugs, and eradicate certain cannabis offenses and for other purposes. " Thomas' statement on Monday reflects the growing bipartisan consensus on the issue. "A ban on the domestic use or cultivation of marijuana may no longer be necessary or appropriate to support the federal government's piecemeal approach," wrote Thomas. Suffice it to say, the federal government's current approach to marijuana bears little resemblance to the watertight statewide ban that a narrowly divided court found necessary to justify the government's general ban in Raich is now content with allowing states to "act as laboratories" and try out novel social and economic experiments, "then it may no longer have the authority to intervene in" the central police powers of states to define criminal law and protect the health, safety and well-being of its citizens. "
