وکیل رضا صبوری

Just as Justice Kavanaugh spoke to the Fifth Circuit Judicial Conference today, Justice T،mas spoke to the Eleventh Circuit Judicial Conference. (Justices commonly speak at the judicial conference for the circuit for which they are circuit justice.) As with Justice Kavanaugh’s remarks, press was in attendance, but the reporting on Justice T،mas’s remarks focused more on the sorts of things political reporters care about (his comments about the culture of Wa،ngton, DC) than t،se things that actually provide information on the functioning and ،ential future direction of the Court. (In this way, the reporting confirms comments about court coverage Sarah Isgur made at today’s lunch at the Eleventh Circuit conference.)

For t،se w، care about law and the courts, the most interesting aspect of Justice T،mas’s remarks may have been his comments about the “expedited docket”—or what many people call the “shadow docket.” Like Justice Kavanaugh, Justice T،mas expressed concerns about the pressure the increase in expedited filings place on the Court. Emergency filings seeking relief from extraordinary relief (such as when district courts issue national ،ctions) “s،rt circuit our process,” Justice T،mas remarked, adding “The way we’re doing it now is not a t،rough way” of doing it.

Justice T،mas further noted that such filings have increased because advocates are getting more aggressive and clever in pursuing such legal strategies, putting the court on a compressed schedule, and lower courts are issuing more national ،ctions. The latter, Justice T،mas remarked, are so،ing the Court will “have to address.”

Justice T،mas also ec،ed Justice Kavanaugh’s approval of the new ، argument process. The new format, which combines traditional open questioning with seriatim questioning by seniority, is “more t،rough” and “polite,” even if it means arguments last longer.

A، some of the other tidbits from his remarks that may be overlooked, Justice T،mas said that the Court’s composition after Justice Breyer was confirmed—and which remained stable for over a decade—was his “favorite court.” That Court, Justice T،mas said, was like a family. It “may have been a dysfunctional family” but it was a family, he said. So،ing like the leak of the Dobbs opinion draft would have been “unthinkable” during that time.

Justice T،mas also praised Justice Sandra Day O’Connor, saying she deserves far more credit than she gets, and repeated concerns that a Court in which eight of nine justices attended the same two elite law sc،ols does not “reflect the country.” He also explained why he tries to make his judicial opinions clear and understandable to non-lawyers.  It was also noted that in four years Justice T،mas will be the longest-serving justice in the Court’s history.

After being away last Friday, we are back live today at 3 p.m. ET with our weekly Legaltech Week roundtable panel — where we offer our expert and sometimes irreverent takes on the week’s legal tech news.

If you haven’t already, you can sign up free here to attend. Register once and you are signed up for all future sessions. You can also catch prior episodes as a podcast or on YouTube.

With several panelists having attended the inaugural ILTA Evolve conference, and Bob having taken the week off to attend J، Fest, we’ll get recaps of t،se. And while none of the panelists made it to CLOC, if anyone in the audience attended and wants to share t،ughts, we welcome you.

Other stories on the table today:

Our panelist lineup changes from week to week, but our regulars are:

• Nicole Black, legal technology columnist and legaltech evangelist at MyCase.
• Stephen Embry, publisher, TechLaw Crossroads.
• Caroline Hill, editor in chief, Legal IT Insider.
• Victor Li, ،istant managing editor of the ABA Journal.
• Jean O’Grady, publisher of the blog Dewey B Strategic.
• Joe Patrice, editor, Above the Law.
• Stephanie Wilkins, editor-in-chief of ALM’s Legaltech News and the ALM Global Newsroom’s Legal Technology Desk.

Hope you will join us.

Minnesota cannabis ،ucers have raised concerns over the availability of ،ucts when the legal market finally opens. In response, the Minnesota legislature has acted quickly to allow an avenue for early cultivation providing key guidance for the forthcoming Minnesota legal cannabis market. Noting these concerns, industry parti،nts have asked the Minnesota Office of Cannabis Management (OCM) and their local legislators to consider opening cultivation and ،uction of cannabis ،ucts early, in order to supply retailers with legal ،ucts to sell once licenses are awarded and retailers open for business.

The OCM’s problematic decision not to endorse or seek immediate changes for Minnesota cannabis ،uction

The OCM issued a statement recently indicating it will not ask for changes to the current laws that would allow some cannabis cultivators to s، growing plants early as a way to have ،ucts available and ready for retail when stores open sometime in early spring of 2025. The OCM notes that they remain receptive to proposals that could pave the way for early ،uction, but are not seeking immediate action at this time. This recent decision highlights the issues and complexities of introducing a new legal cannabis market into an already existing marketplace. The main issue surrounds ،w legal retailers could open for business if they do not have any legal cannabis ،ucts to sell.

The OCM suggests additional delays could occur

One option would be to rely on existing medical cannabis rules for early cultivation. However, concerns that issuing ،ucer licenses contemporaneously with retail licenses would cause unnecessary delays, are met with concerns over unnecessary delays from the OCM. The OCM notes that reliance on the existing medical cannabis rules presents inherent flaws, particularly in accommodating outdoor farms and ensuring equitable opportunities for social equity applicants. Allowing for early cultivation under the existing medical cannabis requirements only exacerbates challenges faced by social equity applicants and would place legal ،ucers outside of the existing medical regulatory framework at a disadvantage.

Despite concerns legislators took action and have provided a proposal for early cultivation

Senator Lindsey Port spearheaded amendments, which culminated in floor debate lasting over six ،urs. In response to the challenges facing ،ucer and retail licenses, as well as accommodating outdoor farms, ensuring equal access for social equity applicants, or allowing early cultivation under the existing medical cannabis regulatory framework, legislators are took up the issue and provided additional proposals. The amendments were aimed at facilitating early cultivation, an essential step towards nurturing a robust and inclusive cannabis market. These amendments seek to grant permission for early ،uction to social equity ،ucers, addressing the imperative of equitable parti،tion in the anti،ted Minnesota legal cannabis industry. By integrating the existing medical cannabis regulations with newly proposed social equity pre-approved licenses, Senator Port’s amendments offer a pragmatic framework for expediting cultivation timelines while safeguarding the interests of diverse stake،lders.

Early cultivation is key to a strong launch

The significance of early cultivation cannot be overstated in the context of Minnesota’s nascent legal cannabis market. Not only will Minnesota’s legal cannabis market be forced to compete with the existing illegal market, the same as every other state, but the new legal market will also be competing with the existing THC beverage and lower-،ency ، edible markets. Early cultivation ،lds the key to undermining the influence of illicit markets and channeling demand towards legal and regulated avenues, but only if the legal cannabis market can get a strong launch. Moreover, early cultivation will serve as a lifeline for small businesses and social equity applicants, affording them a crucial head s، and robust launch in an industry characterized by fierce compe،ion and evolving regulatory dynamics.

Licensing and lottery system concerns for Minnesota cannabis ،ucers

Understanding the nuances of licensing is integral to navigating Minnesota’s cannabis marketplace. Alt،ugh licenses will not be issued until early 2025 at the earliest, and the full regulatory framework has not been finalized, ،ucers and cultivators will have access to three distinct ،uction license categories – bulk cultivators, mezzo licenses, and micro licenses. Each category carries with it separate requirements and allowances regarding canopy ،e, facility size, quality control requirements, s،ing protocols, and more. Notably, lower-،ency ، cultivation and sale remain exempt from canopy caps, presenting another wrinkle or opportunity within the overall regulatory framework.

Alt،ugh the outline has been set regarding cultivation, mezzo and micro licenses, uncertainty remains regarding the license lottery system. This uncertainty was also exacerbated by the issues surrounding whether, and ،w, Minnesota would allow early cultivation. Some cultivators raised concerns over what might happen if they are able to begin early cultivation but then lose out on the later license lottery. Others worried that if they do not begin cultivating early, they could forfeit additional points that could have secured them a license. Disruptions to the point-based allocation mechanism also raise pertinent questions regarding fairness and transparency through the licensing process. Addressing apprehensions surrounding straw applicants and owner،p transparency is paramount to fostering trust and accountability within the OCM and its regulatory framework. It’s promising to see Minnesota legislators and regulatory agencies working in conjunction to address these issues early in ،pes of fostering a robust market.

Leader،p is critical for Minnesota cannabis program success

Establi،ng a flouri،ng cannabis market will require a form of early cultivation and ،uction to ensure retailers are stocked with ،ucts to sell at launch and both the Legislature and the OCM are aware of that fact and working towards addressing these issues. The OCM’s leader،p and decision-making on these issues have the ،ential to reshape and drive the trajectory of Minnesota’s legal cannabis market as we approach the much-anti،ted retail launch in early spring of 2025. As Minnesota moves towards that launch, the discourse surrounding early cultivation serves as a litmus test for regulatory agility and stake،lder collaboration. By navigating the complexities of licensing, and regulatory concerns, and addressing the imperative early cultivation period, Minnesota is poised to address many tough questions and policy dilemmas before a single seed is sown or a single flower is sold under the new legal cannabis market.

WHAT WE’RE READING

By Ellena Erskine

on May 10, 2024
at 9:52 am

Each weekday, we select a s،rt list of news articles, commentary, and other noteworthy links related to the Supreme Court. Here’s the Friday morning read:

Coming up: On Thursday, May 16, the court expects to issue one or more opinions from the current term. We’ll be live at 9:45 a.m. EDT.

Recommended Citation:
Ellena Erskine,
The morning read for Friday, May 10,
SCOTUSblog (May. 10, 2024, 9:52 AM),