‘export’
Are State Bans on the Importation of Marijuana Next to Fall Under the DCC?
Aug. 22, 2022—In the last two years, plaintiffs have successfully challenged state residency requirements for marijuana licenses by invoking the Dormant Commerce Clause (DCC), an implied doctrine of federal constitutional law that bars states from discriminating against or imposing undue burdens on interstate commerce. See this post for recent developments in those cases. I provide an in-depth...
State Restrictions on Interstate Commerce in Cannabis are Unconstitutional
Mar. 3, 2021—The title of this post is the takeaway of a new law review article I have just posted on SSRN. The article challenges the widely held assumption that legalization states may ban imports of cannabis or otherwise prevent nonresidents from participating in their local cannabis markets. Here is the link to a nearly final draft...