Dormant Commerce Clause Does Not Apply to State Cannabis Licensing Programs
This installment of the Northern District Round-Up column explores a recent decision by Judge Anne Nardacci of the Northern District of New York concerning yet another challenge to New York state's cannabis licensing program.
March 22, 2024 at 10:28 AM
7 minute read
MarijuanaThis column discusses recent noteworthy decisions of the U.S. District Court for the Northern District of New York. This installment explores a recent decision by U.S. District Judge Anne M. Nardacci concerning yet another challenge to New York state's cannabis licensing program. The instant case was brought by limited liability companies associated with the same plaintiff-entities involved in a 2022 challenge to the program, which was resolved by U.S. Senior District Court Judge Gary L. Sharpe. Both cases sought to enjoin New York's cannabis licensing program on the basis that the program unfairly discriminated against out-of-state applicants, in violation of the dormant Commerce Clause.
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