9th Circuit says Dormant Commerce Clause does not apply to cannabis, sparking circuit split

Alexander Malyshev and Sarah Ganley of Carter Ledyard & Milburn LLP discuss a recent 9th Circuit decision holding the Dormant ...
JD Supra

Dormant Commerce Clause Limits New York’s Cannabis Licensing – A New Second Circuit Decision

In an August 12, 2025, opinion, the U.S. Court of Appeals for the Second Circuit vacated an order from the Northern District that had denied preliminary injunctive relief to two California-owned ...
Reason

The Dormant Commerce Clause and Geolocation: Introduction

[Jack Goldsmith and I will have this article out in the Texas Law Review early next year, and I'm serializing it here. There is still plenty of time for editing, so we'd love to hear any ...
Reuters

In Variscite ruling, Dormant Commerce Clause comes for New York's in-state conviction preference for cannabis licenses

September 10, 2025 - As readers of this column know, New York's Adult-Use licensing scheme has experienced numerous challenges, both operationally and in court. Last month, the 2nd U.S. Circuit Court ...
Forbes

How US Constitution's Dormant Commerce Clause Is Challenging Marijuana Legislations

A number of U.S. states that have legalized the sale of marijuana are being sued by companies that have not entered the legal market, using the Constitution's dormant commerce clause as their basis ...