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‘racial preferences’

UPDATE: State Judge Holds Use of Race in Ohio Medical Marijuana Licensing Unconstitutional

Nov. 20, 2018—A state trial judge has just held that Ohio’s use of racial preferences in the award of state medical marijuana cultivation licenses violated the Equal Protection Clause of the Fourteenth Amendment (and the Ohio state constitution). The full decision in PharmaCann Ohio, LLC v. Ohio Department of Commerce can be found at Pharmacann Ohio v....

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Two Interesting Developments in Maryland’s Medical Marijuana Law

Apr. 12, 2018—The Maryland legislature just passed a bill amending the state’s medical marijuana law. The Governor is expected to sign the legislation, which can be viewed here. Two particular changes struck me as noteworthy: 1. First, the bill adopts new—and carefully designed—measures to address racial disparities in the state-licensed commercial marijuana industry. As I discuss in...

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Cases to Watch: Applicant Sues to Block Ohio from Using Racial Preferences in the Award of Commercial Marijuana Licenses

Dec. 15, 2017—In the book, I discuss the lack of racial diversity in the state-licensed commercial marijuana industry, as well as the measures states have adopted to boost minority participation in that industry (pages 454, 520-25). There are several steps states could take to improve diversity, but one of the most direct is to employ some form...

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