A Nebraska federal judge, raising eyebrows at the state’s defense, initially blocked the controversial law. In a dramatic turn, the Eighth Circuit, backed by Republican state attorneys general, ruled in favor of Nebraska, challenging the application of “one person, one vote” to the initiative process. Meanwhile, South Dakota activists, undeterred by past setbacks, resurface with a recreational marijuana reform effort. The legal saga unfolds as the state Attorney General releases a draft summary, reigniting the battle for cannabis legalization through the ballot process.
Interstate Commerce Challenges Reshape Cannabis Markets
Following the First Circuit’s landmark 2022 ruling on Maine’s medical marijuana industry, interstate commerce challenges gain momentum. The dormant commerce clause becomes a focal point, limiting states’ authority to restrict out-of-state investments in cannabis entities. Challenges emerge in California, Oregon, and Washington in 2023, signaling potential upheaval in intrastate cannabis markets. Legal experts foresee increased creativity and aggression in challenging these restrictions, possibly opening doors to external investments.
