The federal court of appeals in New York, on Tuesday, found that the social equity policies for marijuana licenses adopted by New York are probably unconstitutional. Judges on the Court of Appeals of the Second Circuit, Manhattan, ruled by a 2-to-1 margin that some of the state’s social equity rules regarding cannabis licenses were likely unconstitutional.
According to traditional dormant Commerce Clause principle, New York’s preference for applicants with New York convictions is a protectionism measure that cannot be sustained. — Circuit Judge Dennis Jacobs, Variscite New York, Four, and Five, LLCs v. New York State Cannabis Control Board. New York State Office of Cannabis Management. Tremaine Wright, Felicia Ried, FKA Christopher Alexander. 8/12/25
This case involved two applicants out of the state who had been denied the priority status. It will not have an immediate effect on the licensing of businesses or licenses in New York, or any other state. The trial court was remanded to further proceed with the case.
The majority of judges argued in their dissent that Congress had not explicitly given New York the permission to implement protectionist laws on marijuana licensing. Chief Judge Debra Anne Livingston, however, argued in her dissent that this majority had erred by determining the role Congress ought to have in state policy regarding cannabis, while it remains illegal at the federal level.
The Congress has the right to regulate certain activities that are purely internal. This comes directly from their authority.[t]Commerce. . . Livingston wrote that the “several States” were a good example of this. In assessing whether New York’s licensing system aids Congress’s goal, we need to focus on the ultimate constitutionally-authorized objective of Congress: “eliminating”. . . “Transactions involving marijuana on the interstate level.”
The ruling marks the first time that a federal circuit court has applied the dormant Commerce Clause doctrine to adult-use cannabis markets.
Cannabis Law Resources for Poland
Discover essential legal information about the cultivation of cannabis, its sale, and regulations governing medical products in Poland. These guides will help you understand the legal requirements, such as certifications and permissions.
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Polish News Registration and Interests of Cannabis Businesses
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Permissions for Cannabis Sales in Poland
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Authorization for Importing or Manufacturing Medical Products
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Permission for Manufacturing or Importing Medical Products
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Certificate of Good Manufacturing Practices (GMP)
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Registration of Medical Products in Poland