Topic
Dormant Commerce Clause
110 published works
Canna Law Blog
The Supreme Court May Decide if Cannabis-Related Residency Requirements are Unconstitutional
We have been waiting for this. On September 10th, a Michigan man asked the U.S. Supreme Court to resolve a circuit split on whether states can discriminate against non-residents in…
Libation Law Blog
Ohio’s Hemp Law Runs Into the Dormant Commerce Clause: Federal Court Blocks Enforcement of S.B. 56 Against Hemp Companies
Ohio can regulate hemp. Ohio can regulate intoxicating cannabinoids. Ohio can decide that certain products are too risky, too strong, too attractive to minors, or too poorly tested to be…
Libation Law Blog
Maryland’s Beer Delivery Case Shows Why “Employee Delivery” May Not Save Discriminatory Alcohol Shipping Laws
States defending local alcohol privileges often try to draft around the dormant Commerce Clause with a delivery distinction. They do not always write that only in-state breweries, wineries, or distilleries…
Budding Trends
The Interstate Commerce and the Dormant Commerce Clause in Light of Rescheduling
By Slates C. Veazey, Whitt Steineker
This is the ninth of 13 posts describing the impacts of marijuana’s rescheduling. An homage to Phish’s historic run at Madison Square Garden in the Summer of 2017, Budding Trends…
Regulatory Oversight
Court Enjoins Oregon’s Extended Producer Responsibility Law for Some Companies, but Others Face Continued Compliance Obligations
By Shawn Zovod, Karlie Webb, Melissa Horne, Bryan Haynes, Liz Glusman, Chelsey Noble, Natalie Crane
On February 6, 2026, an Oregon district court issued a decision barring the Oregon Department of Environmental Quality (DEQ) from enforcing the nation’s first extended producer responsibility (EPR) law for…
Libation Law Blog
“Unquestionably Legitimate” and Day v. Henry: Will the Supreme Court Finally Clarify Retailer Direct-to-Consumer Shipping After Tennessee Wine?
The dicta that ate the doctrine Watch modern alcohol-case briefing for five minutes and you’ll see the same incantation: the three-tier system counts as “unquestionably legitimate.” The phrase originated in…
Regulatory Oversight
Circuit Split Emerges on State Marijuana Residency Rules, With Ninth Circuit Finding Dormant Commerce Clause Inapplicable
By Agustin Rodriguez, Zie Alere
In January, the U.S. Court of Appeals for the Ninth Circuit ruled 3-0 that the Dormant Commerce Clause does not prohibit states from imposing residency requirements for obtaining marijuana business…
Libation Law Blog
Ninth Circuit Says the Dormant Commerce Clause Doesn’t Apply to Cannabis Licenses — Even Though Raich Said Marijuana Is Interstate Commerce (Enough to Criminalize)
States and municipalities keep acting like cannabis sits in some constitutional no-man’s-land where they can write any residency barrier they want and the Constitution somehow doesn’t count. The Ninth Circuit…
Canna Law Blog
Oregon Federal Court Lawsuit Filed, Seeking Interstate Cannabis Sales
Yesterday late afternoon, Oregon cannabis wholesaler Jefferson Packing House (JPH) filed another dormant commerce clause (DCC) challenge to protectionist state cannabis laws. You can view the complaint here. I say…
Budding Trends
Maryland Hemp Companies to Ask Fourth Circuit to Hash Out Tough Questions Regarding Hemp
By Whitt Steineker, Matthew Radford
This past summer, a collection of hemp companies in Charm City Hemp, LLC asked a Maryland federal court for a preliminary injunction halting aspects of Maryland’s cannabis licensing scheme (the…