Interstate Cannabis Commerce Update February 2023

California’s Department of Cannabis Control asked the state’s Attorney General to opine that allowing regulated, interstate cannabis sales presents no legal risk to the state. A day later, Oregon told a federal court that the Constitution does not prevent it from continuing to discriminate against such sales in favor of sales within its borders. Within the next week, a Washington federal court agreed with Oregon, holding that the dormant Commerce Clause does not apply to the cannabis industry, declining to endorse the reasoning of a 2022 decision by the 1st Circuit Court of Appeals examining the same Constitutional questions.

Our panel of experts from across the country explain what just happened, and what it is likely to mean for efforts to bring about interstate cannabis commerce through federal action… or even, perhaps, without it.

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