Federal Overreach Vs. State Rights: Can Cannabis Businesses Gain Independence?

At the recent Benzinga Cannabis Capital Conference in Chicago (Oct. 8 and 9), Emily Paxhia, founding partner and managing partner of Poseidon Investment Management, shared her thoughts on one of the most pressing legal battles facing the cannabis industry.

Speaking shortly after her panel, Paxhia discussed a Supreme Court case that could have a transformative impact on how cannabis businesses operate within legal states, offering the industry a potential pathway to freedom from federal interference.

Supreme Court Battle

During the interview, Paxhia emphasized the importance of a Supreme Court case she is pursuing with David Boies, a renowned constitutional lawyer. This case could reshape the federal government’s involvement in state-legal cannabis businesses.

“I would love it if we could get more industry support around this case because it would define boundaries around our businesses that would let them run without the federal government’s overreach,” said Paxhia.

The case challenges a 2005 ruling on the Commerce Clause, which Paxhia believes is outdated. She explained the significance of the case: …

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