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