News & Analysis as of

Dormant Commerce Clause Licensing Rules

Quarles & Brady LLP

Kentucky Attorney General Determines Board of Pharmacy Lacks Statutory Authority to Regulate Non-Resident Pharmacists

Quarles & Brady LLP on

The Kentucky Attorney General published a formal opinion yesterday confirming that the Board of Pharmacy cannot require the licensure of pharmacists who reside outside of the Commonwealth of Kentucky. The proposed...more

Foley Hoag LLP - Cannabis and the Law

New Lawsuit Challenges Maryland Cannabis Administration’s Social Equity Program Under ‘Dormant Commerce Clause,’ Seeks Injunction...

According to a Complaint filed on January 26, 2024, in the United States District Court for the District of Maryland, Maryland's adult-use cannabis licensing program, which is currently limited to applicants who qualified for...more

Epstein Becker & Green

Telehealth’s Roadblock: The Issue with State Licensure Requirements

Use of telehealth services has surged since the COVID-19 pandemic; however, this increase in use does not come without limitations. Telehealth providers are subject to regulations, which differ by state, that govern various...more

Troutman Pepper Locke

New York State Court Enjoins Licensing of Adult-Use Cannabis Dispensaries Statewide Amid Retail Cannabis Regulation Disputes

Troutman Pepper Locke on

On August 18, 2023, a New York Supreme Court judge has enjoined New York cannabis regulators from further processing, approving, or investigating any new or pending applications for a state conditional adult-use retail...more

Harris Beach Murtha PLLC

Uncertainty Within New York’s Cannabis Market Continues Amidst Judge’s Latest Decision

Delays and uncertainty around New York’s legal cannabis market continue after a federal judge denied the state’s motion to dismiss or otherwise limit his Nov. 10 decision to block retail licenses in five regions of the state....more

Foley Hoag LLP - Cannabis and the Law

Maine Drops Residency Requirement Over Constitutionality Concerns

When Maine enacted the Marijuana Legalization Act in 2018 the legislature included one of the most stringent residency requirements in the nation. In order to obtain a license, an applicant had to be majority owned by...more

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