For instance, curaleaf, the largest cannabis company includes this bit:
"The Company derives its revenues from the cannabis industry in certain states of the U.S., and the industry is illegal under U.S.
federal law.
The Company is involved (through its licensed subsidiaries) in the cannabis industry in the U.S. where local state laws permit such activities. Currently, its subsidiaries and managed entities are directly engaged in the cultivation, manufacture, processing, sale and distribution of cannabis and hold licenses in the adult-use and/or medicinal cannabis marketplace in the states of Arizona, Arkansas, Colorado, Connecticut, Florida, Illinois, Kentucky (hemp only), Maine, Maryland, Massachusetts, Michigan, Missouri, Nevada, New Jersey, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Utah, and Vermont; and have partnered with an accredited medical school and obtained a “clinical registrant” license in Pennsylvania. In addition, the Company is indirectly involved (through management services which include the use of the “Curaleaf” brand and retail and cultivation and production operations, human resources, finance and accounting, marketing, sales, legal and compliance support services) in both the adult-use and medical cannabis industry in the states of Maine and Arkansas."
in their 40-F filing here: https://last10k.com/sec-filings/curlf
The lawsuit under discussion is literally making the case that it's illegal.
Personally, I think however the case ends up, congress should be deciding these things, as I said above. But people need to stop assuming bringing a lawsuit is the same as winning one...
If people think Crypto should be banned, make the case. But let's pretend it is banned, that's just silly...
The SEC just lost a ruling (and got roasted by the judge) when they tried to suppress the comments of the previous SEC head explicitly saying Crypto is not a security.