Matter of Cannabis v Hochul

Holding The court held that New York’s cannabis regulations under the Marihuana Regulation and Taxation Act are not preempted by the federal Controlled Substances Act because they do not create a positive conflict or stand as an obstacle to federal objectives. The regulations merely regulate legitimate and illegitimate handling of marihuana without requiring conduct that violates federal law.

The court’s words

neither MRTA nor the challenged regulations pose any requirements on an individual or entity to manufacture, distribute or possess marihuana

252 AD3d 235, at the official text

the challenged regulations promulgated under MRTA represent an obstacle to the accomplishment of a fading federal objective

252 AD3d 235, at the official text