‘state’
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...
Marijuana Reforms Win Big at the Polls
Nov. 4, 2020—On November 3, five states had measures on the ballot to legalize recreational and / or medical marijuana: Arizona, Mississippi, Montana, New Jersey, and South Dakota. Voters in Mississippi, Montana, and South Dakota actually had more than one measure to consider. Notably, all of proposed ballot measures passed, most by hefty margins. This is the...
UPDATE: Maine Drops Residency Requirement for Adult-Use Commercial Licenses, Moots Legal Challenge
May. 13, 2020—A few weeks ago I blogged about an interesting lawsuit challenging Maine’s residency requirement for commercial recreational marijuana licenses. See Company Sues Maine for Discriminating Against Non-residents When Licensing Marijuana Businesses. Brought by a Delaware corporation, the suit claimed that the residency requirement violated the Dormant Commerce Clause doctrine. Although I suggested two reasons why Maine...
New Jersey Court Orders Employer to Reimburse Injured Employee for Cost of Medical Marijuana
Feb. 17, 2020—In January 2020, a New Jersey state court ordered an employer to cover the costs of an injured employee’s medical marijuana. The full 31 page decision in Hager v. M&K Construction can be found here. The New Jersey court ruling recognizes a split among state courts concerning whether state agencies may require employers to cover...
Caveat Emptor: Are Marijuana Labels Accurate?
Nov. 15, 2017—As discussed in the book, many legalization states have adopted detailed labeling requirements for marijuana products (see pages 456-462). Among other things, suppliers must clearly indicate the quantity of THC and CBD contained in packages of marijuana. Labeling requirements like these are designed to inform consumers and thereby help them make better consumption choices. To...