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On Demand Audio

Cannabis Legalization in Urban Areas: What Could Happen in New York City?

(214 reviews)

Produced on June 15, 2017

Taught by
$ 59 Criminal, Administrative, and Food, Beverage, & Agriculture In Stock

Course Information

Time 1h 2m
Difficulty Intermediate

Course Description

For the last 20 years there has been great fascination with and discussion of the relationship between federal law and state law regarding cannabis. However, there has been little discussion of a much-litigated issue: the degree to which state law can preempt laws by which local governments attempt to regulate cannabis markets and how local governments have attempted to resist preemption.

Analysis of how to implement cannabis legalization “on the ground” has been particularly lacking in the largest metropolitan area in the United States—New York City—even though a full adult-use legalization bill has been introduced into the state legislature every year since 2013 and there has been strong support for full legalization in the City Council. This program will examine the history of efforts by local governments—particularly those in major urban areas—to control the operations of cannabis businesses and will project how legalization could play out in the complex environment of the Big Apple.

Learning Objectives: 

  1. Understand general principles of how state law can preempt local law
  2. Review attempts by local government to control the cannabis industry in select jurisdictions outside of New York
  3. Examine the law of state-local preemption decision in New York State
  4. Become familiar with the relationship between state law and local law in the adult-use legalization legislation currently pending in New York State
  5. Anticipate issues that could arise in implementing cannabis legalization in New York City


Noah Potter

Noah Potter, Esq.

Noah Potter is a commercial litigator and appellate attorney practicing in New York City

He is of counsel to Hoban Law Group, the first nationwide cannabis business boutique law firm, where he is a member of the Litigation Practice Group and the Government Affairs Practice Group. He has been a drug policy advocate for more than two decades of drug policy reform advocacy in New York City.

Noah served as chair of the New York City Bar Association’s Committee on Drugs and the Law from 2006-2009 where he designed original programming on issues such as New York City cannabis policy, the theory and practice of regulated drug markets versus criminal markets, physician liability for opiate prescription, and conflicts between state and federal cannabis law. Since 2010 he has presented original analysis of cannabis and psychedelic law on his blog, Psychedelic Law, including a deconstruction of the DEA’s legal theory for maintaining cannabis prohibition.


Ivan K.

Great presentation, he covered the DOB, ECB and BSA,

Cullen M.

Timely information clearly presented. Insightful treatment of policy issues.

Steven R.

Very good coverage of a trending topic.

John C. T.

good lecture about future legal issues involving legalization

Adam S.

Great presentation.

Zara W.

Great presentation from a knowledgeable presenter who clearly knows a lot about the context as well as the budding law. I would highly recommend this CLE to anyone interested the field.

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