ALBANY, N.Y. (AP) — A federal choose has rejected a problem to New York state's licensing program for the sale of authorized marijuana, a system that two California candidates say unconstitutionally discriminates in opposition to out-of-state residents .
Friday's ruling by Albany Decide Anne M. Nardacci could push New York to difficulty lots of of licenses in a state the place most marijuana. is bought by unlicensed corporations.
Nardacci mentioned the general public curiosity in letting correctly licensed corporations take over the market in New York outweighed the issues raised within the lawsuit.
She mentioned the primary objective of the Dormant Commerce Clause plaintiffs argued ought to enable them to entry the New York market doesn’t apply to the federal unlawful hashish commerce. The clause is meant to forestall states from creating protectionist measures to limit interstate commerce within the absence of guidelines from Congress.
Two corporations managed by Los Angeles residents had sought a brief restraining order and a preliminary injunction of their mid-December lawsuit. They intention to stall the state's licensing course of whereas the method proceeds.
Nardacci rejected the requests in a written determination, saying that an injunction would enable unlawful retailer operators who now management the market to proceed dominating it because the rollout of regulated licenses to promote hashish merchandise can be delayed.
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https://ny1.com/nyc/queens/ap-top-news/2024/02/04/judge-rejects-a-claim-that-new-yorks-marijuana-licensing-cheats-out-of-state- the candidates