By Judge Dismisses Challenge But Allows Revision
A federal judge has dismissed a constitutional challenge to Connecticut’s marijuana social-equity licensing system, while giving the plaintiff another opportunity to revise his lawsuit and continue the case. U.S. District Judge Vernon D. Oliver issued the ruling Tuesday in Smith v.
Lamont.
The lawsuit was filed by longtime Connecticut resident and hemp farmer Brant Smith against Gov. Ned Lamont, Attorney General William Tong and Department of Consumer Protection Commissioner Bryan Cafferelli. Smith has sought a license to cultivate marijuana but has been unable to obtain one.
Smith’s lawsuit argues that Connecticut’s preference for social-equity applicants under the Responsible and Equitable Regulation of Adult-Use Cannabis Act violates the dormant Commerce Clause of the U.S. Constitution by improperly favoring certain in-state economic interests.
Standing Questions Drove The Ruling
Oliver did not decide whether Connecticut’s licensing system is constitutional. Instead, he concluded that Smith’s existing complaint does not sufficiently establish that he has standing to bring the challenge.
Under Connecticut law, a social-equity applicant generally must be at least 65% owned and controlled by individuals who meet income requirements and have lived for a specified period in an area disproportionately affected by marijuana prohibition. The state provides special licensing opportunities for qualifying social-equity applicants, including a pathway for cultivator licenses.
Smith alleged that he is not a “Social Equity Individual” and that the system has prevented him from obtaining a cultivation license. His lawsuit argues that Connecticut’s preference for social-equity applicants improperly favors certain in-state economic interests, in violation of the dormant Commerce Clause of the U.S. Constitution.
Case Background And Claims
Smith is a longtime Connecticut resident and hemp farmer who has sought a license to cultivate marijuana but has been unable to obtain one. He filed the lawsuit against Gov. Ned Lamont, Attorney General William Tong and Department of Consumer Protection Commissioner Bryan Cafferelli.
The challenge targets Connecticut’s preference for social-equity applicants under the Responsible and Equitable Regulation of Adult-Use Cannabis Act. Oliver’s ruling means the constitutional question remains unresolved, as the dismissal was based on standing rather than the merits of Smith’s dormant Commerce Clause claim.
