News & Analysis as of

Dormant Commerce Clause Marijuana

Bradley Arant Boult Cummings LLP

Will 2025 Continue Circuit Court Harmony in Nationwide Litigation Involving State Law Hemp Legislation, or Will a Circuit Split...

You’ve probably seen the reports of the United States Fourth Circuit Court of Appeals’ January 7, 2025 opinion upholding a Virginia law that regulates consumable hemp products. I planned to put up a blog post soon after the...more

Troutman Pepper Locke

Federal Appeals Court Deals Another Blow to Intoxicating Hemp Products in Virginia

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On January 7, the U.S. Court of Appeals for the Fourth Circuit found that Virginia’s hemp product restrictions do not violate federal law. The ruling is the latest defeat for the Virginia hemp industry’s efforts to overturn...more

Bradley Arant Boult Cummings LLP

Federal Court Rules That Illegal Acts Are Legal Because They Are Illegal: Cannabis Law in a Nutshell

I would love to hear from our award-winning readers if they are aware of a scenario when doing something illegal is legal because it’s illegal.  Another federal court in California ruled last week that the dormant Commerce...more

International Cannabis Bar Association...

[Event] Cannabis Law Institute 2024 - July 25th - 26th, Chicago, IL

The International Cannabis Bar Association (INCBA) is thrilled to announce the highly anticipated Cannabis Law Institute 2024 (CLI 2024), the marquee conference dedicated to advancing legal excellence in the rapidly evolving...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

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

Troutman Pepper Locke

Cannabis Residency Rules Toppling? First Circuit Is the First Domino to Fall

Troutman Pepper Locke on

Certain states where cannabis (or marijuana) is legal have long been getting away with a practice that has been declared unconstitutional in almost all other contexts: giving their residents preferential treatment over...more

Pierce Atwood LLP

The Dormant Commerce Clause and Discrimination in Illegal Interstate Markets

Pierce Atwood LLP on

Last week the First Circuit reached an interesting conclusion: the U.S. Constitution prohibits states from adopting protectionist legislation affecting illegal interstate markets. The case, Northeast Patients Group v. United...more

Clark Hill PLC

Addressing the Ramifications of Federal Legalization for the U.S. Cannabis Industry

Clark Hill PLC on

The cannabis industry rang in 2021 with high hopes of federal legalization, leading to a massive run-up in cannabis equity values. Eighteen months later, however, proposals for federal legalization continue to stagnate and...more

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