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Marijuana Regulation & Taxation Act (MRTA) Dormant Commerce Clause

Harris Beach Murtha PLLC

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

Harris Beach Murtha PLLC

Does Rescheduling Cannabis Make it Eligible for Interstate Commerce?

Even with the expected rescheduling of cannabis from a Schedule I drug to a Schedule III drug, it will take more for it to be eligible for interstate commerce. Marijuana would remain subject to provisions of the Food,...more

Harris Beach Murtha PLLC

New York Sued Again on Cannabis Dispensary Licenses

A New York-based coalition has accused the state’s Office of Cannabis Management and Cannabis Control Board of “unconstitutional overreach” in its management of the state’s legalized cannabis effort and asked a judge to...more

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