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Calif. Cannabis Decision Deepens Commerce Clause Divide

Calif. Cannabis Decision Deepens Commerce Clause Divide

Pillars of a courthouse

The U.S. District Court for the Eastern District of California's November decision in Peridot Tree Inc. v. City of Sacramento is the latest in a string of federal cases across the country considering whether the dormant commerce clause applies to the state-regulated marijuana industry.[1]

The dormant commerce clause is a constitutional provision that bars states from placing undue burdens on interstate commerce.

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