The New York State Appellate Division, Second Department, has ruled that municipalities cannot impose school-distance requirements on licensed marijuana dispensaries that are more restrictive than those established under state law. In a July 29 decision, the court upheld a ruling invalidating a Riverhead zoning provision that required marijuana retailers to remain at least 1,000 feet …
Category: Cannabis Legal & Courts
Updates on cannabis-related court rulings, lawsuits, attorney general actions, expungement efforts and other major legal developments.
Michigan Supreme Court Rules Marijuana Smell and Suspected Civil Possession Do Not Justify Warrantless Vehicle Search
The Michigan Supreme Court ruled Tuesday that police cannot conduct a warrantless vehicle search based solely on probable cause that someone committed a civil marijuana violation, finding that officers must have reason to believe the vehicle contains evidence of a crime. In a 5 to 2 decision issued July 22, the court reversed a lower …
Federal Judge Says Rhode Island Cannabis Injunction Should Be Dissolved Following Changes to State Law
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 …
California Judge Tentatively Upholds Cannabis Tax Changes Challenged Over Childcare Funding
A California judge has tentatively upheld recent changes to the state’s cannabis tax system, rejecting most of a lawsuit claiming the changes will reduce funding for childcare and other youth programs. The case was filed by Youth Transforming Justice, the East Bay Asian Youth Center and two parents who challenged Assembly Bill 564 and Senate …
SEC Secures More Than $40 Million in Cannabis Investment Fraud Case
The U.S. Securities and Exchange Commission has secured more than $40 million in disgorgement, interest and penalties in a case involving a cannabis company and two executives accused of misleading investors and misusing company funds. A federal court in California entered a final judgment against American Patriot Brands, Inc., several affiliated companies, former CEO Robert …
Missouri Hemp Businesses File Federal Lawsuit Seeking to Block HB 2641
A coalition of hemp businesses filed a federal lawsuit Thursday seeking to block Missouri House Bill 2641 before it takes effect on November 12. The 32-page complaint, filed in the U.S. District Court for the Western District of Missouri, argues that the law is unconstitutionally vague, discriminates against interstate commerce and conflicts with federal protections …
Gun Rights Groups Sue Pennsylvania Over Veteran’s Carry License Denial Tied to 1994 Marijuana Conviction
Gun Owners of America and the Gun Owners Foundation have filed a federal lawsuit on behalf of an Air Force veteran challenging a Pennsylvania law that permanently bars people with certain drug convictions, including a minor marijuana possession offense from more than 30 years ago, from obtaining a license to carry a firearm. The lawsuit …
Michigan Supreme Court: Legal Marijuana Use Can’t Be Banned on Probation Solely Because of Federal Law
The Michigan Supreme Court has ruled that courts cannot prohibit people on probation from using marijuana that is legal under state law solely because cannabis remains illegal federally. The unanimous ruling came in the case of Danielle Heaven-Leah Hess, who was sentenced to probation after pleading guilty to third-degree retail fraud. As part of her …
DOJ Urges Appeals Court to Reject Attempt to Block Marijuana Rescheduling Order
The U.S. Department of Justice is urging a federal appeals court to reject an attempt to pause an order that moved certain marijuana products from Schedule I to Schedule III under the Controlled Substances Act. In a brief filed Thursday with the U.S. Court of Appeals for the D.C. Circuit, DOJ argued that the challengers …
Supreme Court Declines DOJ Appeal in Marijuana Consumer Gun Rights Case
The U.S. Supreme Court today declined to hear the DOJ’s appeal in a case involving a man prosecuted for having guns while being a marijuana consumer, leaving in place a ruling that found the federal ban was unconstitutional as applied to him. The case, United States v. Daniels, centered on Patrick Darnell Daniels Jr., who …
