New York’s beleaguered marijuana program suffered another blow when a federal appellate court on Tuesday found the state unconstitutionally discriminated against out-of-state residents during a recent license application round.
While unlikely to cause more major trouble by itself in New York, where regulators have already tweaked the application process, observers say the decision may discourage future marijuana social-equity programs nationwide.
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In a ruling dated Aug. 12, a three-judge 2nd U.S. Circuit Court of Appeals panel ruled 2-1 that “(N)ew York’s prioritization of applicants with convictions under New York law is a protectionist measure that cannot stand.”
The case will now return to the lower court.
A spokesperson for the state Office of Cannabis Management, one of the defendants in the case, said the
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