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What The Lawyers Say

1,101 posts by 291 firms and lawyers

Cannabis law explained by the lawyers who practise it: analysis and commentary from law firms around the world, with the Cannabis Law Journal.

12 posts

Rod Kight, Kight Law

Ohio Hemp Litigation: Regulation or Protectionism?

Ohio’s attempt to move federally lawful hemp products into its closed marijuana market has now produced three federal preliminary injunctions and an expedited appeal to the Sixth Circuit Court of Appeals. These cases are…

Harris Sliwoski

Oregon Federal Court Lawsuit Filed, Seeking Interstate Cannabis Sales

What is the dormant commerce clause, and how does it relate to state cannabis programs? What have courts done with DCC cannabis lawsuits to date? What’s different about the JPH case in Oregon? What happened to the first JPH case,…

Harris Sliwoski

Federal Appeals Court Rejects Preferences for In-State Cannabis Applicants

A federal appellate court has ruled that a New York cannabis licensing rule favoring in-state residents is unconstitutional, because it discriminates against applicants residing out-of-state. We have been tracking this case for…

McCarter & English

Antitrust Law in the Cannabis Sector

Recent antitrust litigation in the cannabis and vape sectors signals intensified scrutiny of pricing practices, distribution restraints, and exclusionary conduct.

Rod Kight, Kight Law

Damn the Torpedoes, Hemp Unite!

As everyone reading this article likely knows, the Miller Amendment unexpectedly passed a bloc vote in the US House Committee on Agriculture on Thursday.

Tom Howard, collateralbase

Social Equity After the Harvard Case

In the new Students Fair Adm. v. Harvard, 600 U.S. 181 (2023), case handed down last summer, Chief Justice wrote “eliminating racial discrimination means eliminating all of it.” The case overturned affirmative action in college…

Rod Kight, Kight Law

Is CANNRA The New Face Of Cannabis Prohibition?

[T]he plant Cannabis sativa L. 3 percent on a dry weight basis. I routinely hear arguments from so-called cannabis advocates, including CANNRA (more about that organization below), that Congress never intended for “hemp” to…

Troutman Pepper Locke

Cannabis Residency Rules Toppling? First Circuit Is the First Domino to Fall

Certain states where cannabis (or marijuana) is legal have long been getting away with a practice that has been declared unconstitutional in almost all other contexts: giving their residents preferential treatment over…

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