NY AG Appeals Defends Cannabis Companies, LA's Social Equity Lottery Under Scrutiny, TX Activists Fight Back

New York Attorney General Letitia James has requested that the Second Circuit Court of Appeals dismiss a federal judge's injunction to stop retail licensing.

James made the request on behalf of the New York Office of Cannabis Management, per Green Market Report.

Judge Gary L. Sharpe of the New York Federal District Court in Syracuse issued an order barring New York's retail cannabis dispensary application process in some state regions.

See Also: Whoa, How Much? CA's Canabis Industry Owes A Quarter-Billion Dollars In Back Taxes

Sharpe wants New York state to wait for the resolution of a lawsuit filed by a Michigan-based company challenging the program’s selection requirements before issuing the first batch of retail licenses for recreational cannabis.

Social Equity Lottery Under Scrutiny In LA

Variscite Inc. filed a lawsuit against Los Angeles alleging that the city's social equity lottery violated the dormant commerce clause of the U.S. Constitution.

However, Judge Sherilyn Peace Garnett said the firm's request for an injunction of the lottery did not meet the standard of preventing “irreparable harm.”

"Plaintiffs' argument that they will suffer irreparable harm is based on their speculation that they could successfully enter the commercial cannabis retail market," Garnett wrote. “Therefore…The claimants' monetary losses associated with the challenged provisions are purely speculative and insufficient. Under its terms, this does not require the applicant to have been a California resident currently or at the time of the arrest.”

DOJ Urged To Comment On Drug Consumption Sites

The U.S. District Court for the Eastern District of Pennsylvania issued a compromise order to give the Department Of Justice one month to respond to a lawsuit concerning the legality of safe drug consumption sites. The Court expects the contribution of the DOJ will clarify the federal stance on safe consumption sites, reported Marijuana Moment.

Safehouse, a Philadelphia-based nonprofit that’s been fighting to open a harm reduction center, said that the case “has been pending for almost four years.” “Since the DOJ commenced this litigation in 2019 until the end of 2021, more than 3,600 lives have been lost in Philadelphia to the opioid overdose crisis. Based on 2022 projections, that number will grow to almost 5,000 deaths,” Safehouse stated in a Wednesday brief. “Safehouse and those that need its life-saving services have waited long enough.”

Harker Heights City Council Sends 'Clear Message'

The Harker Heights City Council overturned a marijuana decriminalization ballot initiative approved on Nov. 8, reported Marijuana Moment. “By voting to repeal Prop A, the Harker Heights City Council sent a clear message to their constituents that they don’t respect the will of the voters or the democracy they participate in,” said Julie Oliver, executive director of Ground Game Texas, the organization that led reform initiatives in the state.

“These anti-democratic politicians are trying to throw away the votes of more than 5,000 Harker Heights residents — but we won’t let them,” Oliver said. “With this new referendum, Ground Game Texas will ensure the will of voters isn’t trampled on by their local elected officials.”

Next: Connecticut To Launch Adult-Use Cannabis Sales On Jan. 10, Long Lines Are Expected

Photo by Yunming Wang on Unsplash

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Posted In: CannabisGovernmentNewsRegulationsMarketsCannabis in TexasNew York CannabisSocial Equity LotteryU.S. Department of Justice
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