Holon Law Partners Appeals for Rehearing in Landmark Cannabis Case: Accountability in Federal Prosecution
FOR IMMEDIATE RELEASE
“This is the potential last battle between regulated marijuana and the federal government over criminal charges that are complete and utter bull s*it. We are looking at SCOTUS if we cannot prevail in the First Circuit Court of Appeals.” ~ Eric Postow
Holon Law Partners represents Mr. Lucas Sirois in the District of Maine, (USA v. SIROIS et al) where significant issues arise from the unique context of the regulated and licensed cannabis industry. Mr. Sirois, a licensed participant in this industry, is currently awaiting decision for an en banc motion requesting a rehearing before the full First Circuit Court of Appeals. This petition follows a panel decision that upheld the lower court's ruling, which denied Mr. Sirois an injunction to stop his prosecution in violation of the Rohrabacher-Farr Amendment.
We are appealing for a rehearing because we believe the government has been fundamentally wrong in its prosecution of Mr. Sirois from the very beginning. The government must be held accountable to the very laws it enforces. The Rohrabacher-Farr Amendment is not just a suggestion—it is a law with explicit language. It states, “None of the funds made available under this Act to the Department of Justice may be used…to prevent any of [an enumerated list of states and territories, including Maine], from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana.” Yet, here we are, forced to defend our client's integrity because the government chose to ignore the law that clearly restricts their actions.
For years, Mr. Sirois has endured harassment, surveillance, and baseless accusations, all while being fully compliant with state regulations. The evidentiary hearing exposed the government's tactics, revealing their bias, manipulation of facts, and prejudice against Mr. Sirois and Maine's regulated marijuana industry. We are challenging this recent decision in the First Circuit because such cases should never happen again.
The complexities and nuances of state law regarding cannabis regulation raise significant questions about the legal interpretations surrounding prohibited collectives, particularly in the case of Mr. Sirois, whose model—widely followed under Maine's licensed caregiver program—has never been evaluated by any court. No court in Maine has ever interpreted what constitutes a prohibited collective, nor has any court evaluated the model Mr. Sirois followed. It is incomprehensible that, despite our client's consistent compliance with Maine law and the limitations imposed on the government by Rohrabacher-Farr, the DOJ has continued to pursue this case.
What’s more perplexing is that Maine's Office of Cannabis Policy (OCP) previously inspected our client's operations, deemed them compliant, and chose not to cite him for any regulatory issues. This inconsistency raises serious questions about the integrity of the entire prosecution process. How can the federal government now claim that Mr. Sirois was operating outside the law when the state of Maine initially and continually approved his compliance?
As we face significant changes ahead—like the upcoming hearing in Washington on rescheduling cannabis—it is fundamentally wrong that the government has chosen to target our client's lawful business, which has been a beacon of legitimate success, while unlicensed operations continue to thrive. This is not what justice looks like.
Mr. Sirois' legal team, led by Eric Postow, Jason Ehrenberg, and the attorneys at Holon Law Partners, will continue their unwavering efforts and commitment to justice on behalf of Mr. Sirois. This case is not just about marijuana; it's about holding the government accountable for its actions and ensuring that it operates with integrity and honesty. We are determined to stand firm against this injustice.
For media inquiries, please contact:
Eric Postow
Holon Law Partners