On August 12, 2025, the US Second Circuit Court of Appeals reversed a lower court’s decision and found that New York’s priority scheme favoring in-state applicants violated the Dormant Commerce Clause of the US Constitution. The Court explained that the Dormant Commerce Clause prohibits state protectionism unless the US Congress clearly authorizes protectionism. That is, any regulatory measure designed to benefit in-state economic interests by burdening out-of-state competitors is presumptively unconstitutional.
Some lower courts have ruled that the Dormant ...
Originally published in Law360 on 8.8.25
Seth A. Goldberg, partner in the firm’s Litigation practice and co-chair of the firm’s Cannabis & Hemp Law practice, and Samantha T. Alexander, partner in the firm’s Corporate & Business Law, Commercial Real Estate, and Cannabis & Hemp Law practices, recently co-authored an article in Law360 titled, “The Evolving Legal Landscape For THC-Infused Beverages” that discusses the proliferation of THC-infused beverages, how they are currently regulated under federal and state law, and legal challenges and potential federal and ...
