A federal appeals panel grilled a southern California city that taxes and regulates cannabis products about its jurisdiction to ban dispensary advertisements within and around its borders Monday.
The Ninth Circuit judges also voiced concerns about the jurisdictional implications of siding with either the city or the advertiser.
The dispute raised questions around the federal government’s enforcement of the Controlled Substances Act and how the US Supreme Court’s recent decision in United States v. Hemani applies to commercial speech in the marijuana market.
Justice Neil Gorsuch “in his opinion says ‘the federal government has not just tolerated state legalization, it ...