E149: From Wheat to Weed: Commerce Clause and Cannabis

High Rise: Cannabis MSOs, Products & Market Analysis

Join Emily and Cy as they host Darren Weiss, President of Verano as they discuss the genesis of the historic lawsuit filed against the federal government challenging cannabis prohibition under the Commerce Clause. The lawsuit argues that the federal government's current contradictory stance on cannabis - where it is illegal at the federal level but allowed and regulated in many states - violates the Commerce Clause by interfering with intrastate cannabis commerce.

The lawsuit is spearheaded by law firm Boies Schiller Flexner with support from a coalition of cannabis companies. Verano president Darren Weiss explains how the Commerce Clause was originally intended to regulate commerce between states, not commerce within states. He argues the federal regulation of intrastate cannabis markets contradicts the original intent.

Cy, Emily and Darren discuss how the contradictory federal policy impacts businesses of all sizes, from multi-state operators down to small social equity licensees. The lawsuit aims to open up banking, reduce tax burdens, and create fairness across the industry. While the case will likely take years to reach the Supreme Court, it represents a new front in the ongoing fight for cannabis law reform.

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