Cannabis and courts

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Cannabis and courts concerns court rulings that expand the harmful cultivation and use of cannabis.

In 2022, the First Circuit ruled that the so-called dormant Commerce Clause may ultimately compel states to allow the importation of cannabis from other states, despite current state laws prohibiting that and federal law against it.

As explained on October 2, 2022, by Politico:[1]

The 2-1 opinion by the 1st Circuit Court of Appeals was focused on Maine’s medical marijuana program, but many experts believe the same legal justification could open up interstate commerce nationwide. And two prior federal court rulings also struck down residency requirements as unconstitutional.

“This [decision] really portends the emergence of a national market in cannabis,” said Robert Mikos, a Vanderbilt legal scholar and expert on federalism and drug laws. “We will see changes to state import and export bans.”

District court decisions

Federal district courts have been relying on the dormant Commerce Clause in striking down city and state residency requirements or favoritism.


A federal district court ruled in June 2021 in Michigan against Detroit for favoring longtime city residents in its licensing scheme.


A federal district court ruled in November 2021 against Missouri’s residency requirement for owning medical marijuana entities.