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Dispensaries › Marijuana Related Businesses › Constitutional Challenges

Troutman Pepper

Lawsuit Highlights the Complexity of Regulating the Intrastate Use of Marijuana

Troutman Pepper on

One of the most interesting aspects of marijuana law and policy in the U.S. is its tendency to strike at our most foundational democratic principles. In 2005, the U.S. Supreme Court held, in Gonzales v. Raich, that Congress...more

Bradley Arant Boult Cummings LLP

High Cotton: The Emergence of a Southern Cannabis Industry

Bradley Arant Boult Cummings LLP on

When Neil Young wrote that “Southern change gonna come at last,” he wasn’t talking about cannabis— but he might as well have been in light of the recent and extraordinary developments in the cannabis industry in the southern...more

Bradley Arant Boult Cummings LLP

South Carolina’s Medical Marijuana Bill Ruled Unconstitutional, but Sponsor Vows to Keep Fighting

Bradley Arant Boult Cummings LLP on

On May 4, 2022, South Carolina’s medical marijuana bill — SB 150, also known as the South Carolina Compassionate Care Act — was ruled unconstitutional by the state’s House of Representatives. The constitutional challenge...more

Burr & Forman

Cannabis Business Takes Position That § 280E Is Unconstitutional – And It’s Like a Grocery Store For Adults

Burr & Forman on

Cannabis (or marijuana) dispensaries have long stated that they are subjected to harsher tax consequences under the Internal Revenue Code (“IRC” or “Code”) than their “legal” counterparts. Specifically, they have argued, in...more

Carlton Fields

Florigrown v. DOH: Florida’s Vertical Integration Requirement for Medical Marijuana Licensees Held Unconstitutional

Carlton Fields on

This week, the Florida First District Court of Appeal held that the vertical integration requirement of Florida’s medical marijuana licensing scheme contravenes the 2016 constitutional amendment passed by Florida voters to...more

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