NY Must Face Marijuana Convict Licensing Scheme Challenge

March 26, 2026, 2:01 PM UTC

New York State must face claims that its cannabis licensing scheme prioritizing applicants with marijuana convictions in the state violates the US Constitution’s interstate commerce protections.

The Second Circuit determined last August the owners of Variscite NY Four LLC and Variscite NY Five LLC have standing to bring certain claims against the state, and the federal district court must follow that mandate, Judge Anne M. Nardacci of the US District Court for the Northern District of New York said Wednesday.

“A court must ‘consider both the express terms and broader spirit of the mandate to ensure that its terms have ...

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