William Wolfe

Harris Beach Murtha PLLC

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Latest Posts › Constitutional Challenges

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Federal Court Rules NY Cannabis Licensing Preference for In-State Convictions is Unconstitutional

On August 12, 2025, the U.S. Court of Appeals for the Second Circuit ruled that New York’s adult-use cannabis licensing scheme, which gives “Extra Priority” to applicants (or certain relatives) with New York State marijuana...more

8/14/2025 / Appellate Courts , Cannabis-Related Businesses (CRBs) , Constitutional Challenges , Dormant Commerce Clause , Licenses , Marijuana , Marijuana Regulation & Taxation Act (MRTA) , New York , Social Equity Programs , State and Local Government

NY Supreme Court Strikes Down OCM’s One-License-Per-Majority-Owner Policy

In a significant decision impacting New York’s adult-use cannabis licensing framework, the Albany County Supreme Court ruled on April 14, 2025, in DNP-Z, Inc. v. New York State Cannabis Control Board et al. (Index No....more

5/14/2025 / Administrative Procedure Act , Business Ownership , Cannabis Products , Constitutional Challenges , Government Agencies , Judicial Authority , Licensing Rules , NY Supreme Court , Rulemaking Process , State and Local Government

Minnesota Tribal Land Ruling Undercuts Cannabis Sovereignty

In a pivotal decision with significant implications for tribal sovereignty and cannabis regulation, a Minnesota judge recently ruled the state may criminally prosecute tribal members for cannabis-related offenses occurring on...more

5/13/2025 / Cannabis Products , Constitutional Challenges , Decriminalization of Marijuana , Jurisdiction , Marijuana , Preemption , State Sovereignty , Tribal Governments , Tribal Lands , Tribal Treaty Rights

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