Dispute Over Pennsylvania Pot Shop Could Impact Cannabis Legalization in Every State – News

The case hinges on the definition of the term “unlawful,” as the dispensary is fully lawful under Pennsylvania state law, but unquestionably illegal under federal cannabis prohibition laws. The Supremacy Clause of the Constitution mandates that all federal laws override state laws, and legislators and federal courts generally support this clause any time it is challenged. You don’t want a federal court answering it, because you know what they’re going to say. This could create a ripple effect through dozens of states. ” Roark explained that the precedent set by the case could allow any landlord to evict any tenant involved in the cannabis industry by taking them to federal court.

Jeremy Unruh, general counsel for PharmaCann,