A few weeks ago, California lawmakers quietly introduced SB-1326, a bill that would amend the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) to legalize interstate cannabis sales, notwithstanding the status of federal law. Specifically, SB-1326 would authorize the Governor to enter into an agreement with other states authorizing medicinal or adult-use commercial cannabis activity, or both, between entities licensed under the laws of the other states and California entities operating with a state license. If enacted in its current version, the bill would also: Limit interstate commercial cannabis activities to out-of-state operators that secure a state license, or a local license, permit, or other authorization issued by the local jurisdiction. Require that the other states impose requirements, including product safety, labeling, and testing requirements, on their cannabis licensees that meet or exceed the requirements applicable to MAUCRSA licensees. Mandate that the agreement includes provisions for the collection of applicable taxes. Among these three additional provisions, the second may be the most interesting. Imposing burdensome requirements on out-of-state cannabis licensees could run afoul of the Dormant Commerce Clause (DCC).
Canna Law Blog™, 03/17/2022 10:01:00