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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...

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Why We Won’t Learn Much from a New Products Liability Lawsuit Against Marijuana Vape Manufacturers

Oct. 4, 2019—A plaintiff has just filed a products liability lawsuit against several companies that manufacture (or sell) marijuana vape products. The plaintiff blames the Defendants’ products for a lung illness he has recently experienced. The complaint in Wilcoxen v. Canna Brand Solutions, LLC, et al., was filed in Washington State court on September 23, 2019. Several...

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