A federal judge has rejected the latest effort by out-of-state applicants to stop New York state from licensing adult-use marijuana stores, ruling in part that constitutional free-trade protections don’t apply to federally illegal marijuana.
After the resolution of separate lawsuits that had frozen the ongoing rollout of New York’s legal market, two California-based companies filed a suit in December that sought to keep the state from issuing more adult-use retail licenses.
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That suit used a familiar argument: The U.S. Constitution’s dormant commerce clause prohibits states from setting rules that favor state residents, according to court filings made in court by Beverly Hills-based attorney Jeffrey Jensen.
According to documents, Jensen is 49% owner of companies Variscite NY Four and Variscite NY Five, and two
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