A federal judge says a preliminary injunction blocking portions of Rhode Island’s cannabis licensing law should be dissolved after lawmakers removed language found to violate the U.S. Constitution’s Dormant Commerce Clause.
U.S. District Judge Melissa R. DuBose issued the joint order Tuesday in lawsuits filed by Justyna Jensen and John Kenney against the Rhode Island Cannabis Control Commission and Kimberly Ahearn in her official capacity.
In April, DuBose granted Jensen and Kenney preliminary injunctive relief in their challenges to certain provisions of the Rhode Island Cannabis Act. The state appealed the ruling to the U.S. Court of Appeals for the First Circuit, where the cases remain pending.
Rhode Island Governor Daniel McKee signed Senate Bill 3313 into law June 10, amending the provisions covered by the injunction. State officials subsequently asked DuBose to dissolve the injunction and issue an indicative ruling under Rule 62.1 of the Federal Rules of Civil Procedure.
Jensen opposed the request and argued that the preliminary injunction was not moot. Kenney joined the state’s request and did not object.
DuBose said that, should the First Circuit return the cases to the district court for the limited purpose of considering the request, she would grant the motion to dissolve the injunction.
The revised Cannabis Act “removed the language this Court concluded violated the U.S. Constitution’s Dormant Commerce Clause,” DuBose wrote.
The First Circuit must now decide whether to remand the cases to the district court so the injunction can formally be dissolved.
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