Why hog farmers could be the key to legalizing marijuana federally and shipping weed across the country

You may be wondering how it is possible for the cannabis industry to be hit by troubles. Well, the Dormant Commerce Clause might say something about that. If you follow Cannabis.net you know that we’ve written a few articles about this now famous clause and even interviewed Professor Mikos, the guy who started this whole idea of ​​shipping cannabis from state to state, who might just be legal. Deb Borchardt, our friend at GreenMarketReport, has floated the idea that pig farmers could have a dramatic impact on future cannabis legalization. For those familiar with the clause and its impact on interstate commerce, we could imagine the impact on states planning to introduce residency requirements for cannabis licensing. For those who don’t, don’t worry, we’ve got you covered. Read on as we explain everything you need to know about how hog farmers could impact interstate trade.

Simply put, the Dormant Commerce Clause prohibits state laws that could affect interstate or international commerce. The clause helps in situations where different states have different legislation on different issues. So it strives for interstate trade in federal territory as opposed to a state matter. The first sighting of the Dormant Commerce Clause came to the fore in 1873 when the Supreme Court struck down a state statute in Reading Railroad v. Pennsylvania. The state had intended to tax the railroads for transit through the state before the Supreme Court ruled against it. In general, the DCC allows the courts to intervene in situations where a state law benefits the state while affecting a person in another state.

Cannabis remains illegal at the federal level, but that hasn’t stopped many states from legalizing its use for both medicinal and recreational purposes. In the process, many states have decided to restrict licenses to residents of the state. This led to a boom in the cannabis industry and saw the growth and development of many sectors within it. States like Colorado, which were first to legalize, saw positive migration into the state as many sought to break into the cannabis industry.

However, it appears that the DCC has come to the fore in this deal as some states lose residency battles. Maine is one of those states that lost that battle in court thanks to the DCC. New York is also being sued by a Michigander on the same principle. Of course, one would expect that the illegality of cannabis at the federal level would exempt it from the clause, but it appears to fall under federal law as of this writing.

The DCC has also been an issue for the cannabis industry in relation to social justice clauses. The shortcomings against state residency can also be applied to social justice licenses. This means that if the state cannot form stay-at-home groups, it cannot create special programs to help people who have been previously imprisoned. A gain for interstate commerce could invariably easily mean a loss for social justice candidates.

Another aspect of the cannabis industry at the DCC’s mercy is the movement of cannabis across state lines. Many cannabis companies are currently required to operate dual systems in multiple states due to restrictions on the interstate transportation of cannabis. This has fueled the argument that moving cannabis across state lines will improve the efficiency of these businesses. There are two sides for and against the transport of cannabis across state lines. States with cannabis gluts are predictably in favour, while those that have spent heavily developing the industry in distressed areas are against.

The issue of interstate cannabis transportation also brings to light the centuries-old feud of corporations against local farmers. There will be a loss of jobs and trade as cheaper cannabis-producing states move their produce across state lines, thereby undercutting farmers. This is the situation of farmers in New York who risk losing their market if Oregon cannabis is allowed into the state. However, there are still small states like Vermont that would happily embrace interstate commerce as they try to please more than their populace.

What links hog farmers to the problem of the interstate trade in cannabis is the outcome of a Supreme Court case over an animal welfare initiative in California. California gets 99% of its port from farmers in other states, and a new state proposal puts them in a difficult position. California’s Proposition 12 aims to ban all types of pork derived from pigs born to mothers raised in confined spaces. This proposal is in favor of Californians as 63% of them voted in favor of it, consistent with ranching practices they find abhorrent. Unfortunately, hog farmers in various states are the ones who seem to be paying the price for the law.

This case was viewed by different Supreme Court Justices from different angles depending on the complexity of the case. While some seek to protect the integrity of the DCC, as history has attested. However, the court’s role in understanding the moral interests of California citizens still remains. Nothing has been decided at this time, as members of the Supreme Court have only been discussing it among themselves at the moment. Most decisions so far have been consistent with the DCC, so it’s easy to see how the Supreme Court will lean. However, if New York wins its residency bid against the Michiganders, we may see a change in the DCC.

We are still a long way from anything concrete regarding the DCC, the case of the pig farmers and its resulting impact on the interstate trade in cannabis. The only thing we can do now is wait and see if a tweak in the DCC is to be expected. While some feel it’s a bit of a stretch to expect such a decision from the Supreme Court, that’s also what many thought about Roe vs. Wade, and we all know how that turned out. Whether the DCC will be optimized, the burden definition revised, or interstate commerce will enforce social justice, only time will tell.

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