A federal judge has rejected a challenge to New York state’s licensing program for selling legal marijuana, a system two California applicants say unconstitutionally discriminates against out-of-state residents.

The ruling Friday by Albany Judge Anne M. Nardacci may spur New York into issuing hundreds of licenses in a state where most marijuana is sold by unlicensed businesses.

Nardacci said the public interest in letting properly licensed businesses take over the market in New York outweighed concerns raised in the lawsuit.

She said the main purpose of the dormant Commerce Clause plaintiffs argued should allow them to access New York’s market doesn’t apply to the federally illegal cannabis trade. The clause is supposed to stop states from creating protectionist measures to restrict interstate commerce in the absence of rules from Congress.

  • @Son_of_dad
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    78 months ago

    Why aren’t these outsiders pushing legalization in their own states instead of trying to wedge themselves into the new York business?

    • @[email protected]
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      148 months ago

      The article says the people that brought the lawsuit are from California, where cannabis is already legal.

      • gregorum
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        8 months ago

        So they’re trying to push into a New market because they’re already in an oversaturated market. Screw them.

          • gregorum
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            18 months ago

            NY’s cannabis legalization gives priority to local growers and sellers in licensing. this benefits NY businesses and consumers and taxpayers by promoting local competition, local business, and local jobs.