As Congress contemplates cannabis legalization or descheduling, it must speak clearly and get the question of interstate commerce right at the outset, or else risk years of endless (and needless) fights among legislators, regulators, and businesses. This Article discusses the largely-ignored DCC’s role in the cannabis marketplaces and the doctrine’s resurgence now that interstate commerce in cannabis may be on the horizon. The DCC counsels that Congress must speak clearly if it is to dismantle or reform the current system, as ambiguity between federal-state relationships is likely to prompt legislative grappling among states and prolonged (and costly) litigation nationwide, leaving the cannabis industry with uncertainty about who is in charge and where their regulatory responsibilities lie. Regulators and licensed businesses have made substantial investments in the current state-based systems, relying on these regulatory regimes for massive capital investments. These structures, which are much-needed under current laws, might see themselves recast as potential impediments to a robust, safe, nationwide marketplace for cannabis. However, the potential federal legalization, or descheduling, of cannabis would immediately introduce an issue: what to do about existing state laws and regulatory structures necessary for the orderly business of intra-state cannabis markets. On their face, these bills look like a boon to the burgeoning cannabis industry. McClintock and two other conservative co-sponsors, introduced a bill to legalize and regulate cannabis. More recently, Republican Representative Nancy Mace, joined by Rep. Senate Majority Leader Chuck Schumer, Senator Cory Booker, and Senator Ron Wyden released a discussion draft of their own version of a de-scheduling bill over the summer (the Cannabis Administration and Opportunity Act) and will likely promote that bill in the coming months. It is probable that the bill’s lead sponsor, Chairman Jerry Nadler, will seek to bring the bill to the House floor in the coming months. On September 30, 2021, the Marijuana Opportunity Reinvestment and Expungement Act (“MORE Act”) passed through the House Judiciary Committee by a vote of 26-15, with two Republicans crossing party lines (Reps. However, the DCC is poised to soon rise in prominence, and lawyers, lawmakers, regulators, and businesses should pay close attention as the doctrine has the potential to bedevil the emerging cannabis sector.Ĭongress is contemplating a national cannabis marketplace, ushering in the interstate commerce of cannabis. Subscribe to today.Vaguely recalled by practicing attorneys, the Dormant Commerce Clause (“DCC”) is often the bane of first-year students’ Constitutional Law courses. For the 60 reported crimes in the area surrounding dispensaries, there were 827 crimes reported near liquor stores and 990 crimes reported near pharmacies, she said. Niehaus said a Tempe police study of crime committed within a quarter mile of marijuana dispensaries and cultivation sites, pharmacies and liquor stores found that more crimes were reported near pharmacies and liquor stores. The police department also didn’t find a connection between dispensary locations and crime in the surrounding area, city documents show. Tempe police said it did not have any concerns with the request as it has not received significant calls to dispensaries, according to city documents. Harvest Health’s dispensaries have 24-hour surveillance, secured entrances and well-lit facilities, she said. Niehaus said extended hours are not expected to impact public safety. Mexico agrees to invest $1.5B toward border infrastructure Female first-time candidates still face challenges Is Donald Trump's grip on the GOP slipping as he returns to Arizona? What Arizonans need to know about new 988 suicide prevention line Safety not an issue, company says though Harvest Health was granted a variance that allows them to stay open later. under the Arizona Administrative Code, although it's up to the discretion of municipalities.Ĭurrently, dispensary operating hours across the Valley are: Lauren Niehaus, lobbying Scottsdale and Tempe for Harvest Health, said later operating hours will help keep shoppers and sales tax revenue in those cities, "rather than customers driving to other cities to take advantage of those later hours.” Pushing later hours statewideĭispensaries can stay open until 10 p.m. Phoenix, Chandler and Glendale already allow dispensaries to stay open until 10 p.m. Harvest Health and Recreation, a Tempe-based dispensary, has requested that Tempe and Scottsdale allow dispensaries to stay open until 10 p.m.ĭispensaries currently must close by 7 p.m. Medical marijuana cardholders could soon shop for pot later at night in two Valley cities.
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