In Critical Dormant Commerce Clause Case, Second Circuit May Be Poised to Split the Baby, Not Split the Circuits

In Critical Dormant Commerce Clause Case, Second Circuit May Be Poised to Split the Baby, Not Split the Circuits

Jason HorstAppeals

On December 19, the United States Circuit Court of Appeals for the Second Circuit held oral arguments in Variscite NY Four, LLC v. New York State Cannabis Control Board, the latest front in an ongoing legal war over whether the dormant Commerce Clause (“DCC”) should apply to the state-licensed cannabis industry. With the caveat that reading the tea leaves of …

The Cannabis Industry Isn't Wearing Any Clothes! California Court of Appeal Exposes Tenuous Reality of "State Legalization"

The Cannabis Industry Isn’t Wearing Any Clothes! California Court of Appeal Exposes Tenuous Reality of “State Legalization”

Jason HorstCannabis Celebrity

As a litigator who has tried dozens of cannabis-related cases in the eight years since California voters legalized cannabis for adult use, yesterday’s decision by the California Court of Appeal in JCCrandall v. Santa Barbara immediately called to mind an image from one of my favorite childhood books. A young girl steps out from a throng of adoring subjects, points …