This column addresses recent noteworthy decisions of the U.S. District Court for the Northern District of New York. This installation focuses on two decisions granting preliminary injunctions enjoining the enactment/enforcement of recently-passed high-profile legislation in New York state. In the first decision, U.S. Senior District Court Judge Gary L. Sharpe found that certain requirements of New York state’s retail license program for recreational cannabis violated the dormant Commerce Clause. In the second, U.S. District Court Judge Glenn Suddaby held that several aspects of New York state’s revised conceal carry restrictions violated the Second Amendment and were unenforceable.
Judge Sharpe Temporarily Enjoins New York From Issuing Retail Licenses for Recreational Cannabis in Five Geographic Regions. In a highly anticipated decision, Judge Sharpe granted plaintiff Variscite NY One’s (hereinafter plaintiff) motion for a preliminary injunction, on the basis that certain of New York state’s requirements to obtain a retail license for recreational cannabis violated the dormant Commerce Clause. Variscite NY One v. State of New York et al., No. 1:22-cv-1013-GLS-DJS, Dkt. No. 28 (N.D.N.Y. Nov. 10, 2022)
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
