Licenses and permits – Cannabis – Ripeness

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Where a Florida plaintiff’s dormant Commerce Clause challenges to the Rhode Island Cannabis Act were dismissed, a remand must be ordered because it was error to dismissed the case on ripeness grounds.

“This appeal is a companion case to Jensen v. Rhode Island Cannabis Control Commission (No. 25-1132). It involves a challenge to the district court’s dismissal on ripeness grounds of Kenney’s dormant Commerce Clause challenges to the Rhode Island Cannabis Act (‘Act’), R.I. Gen. Laws §21-28.11-1, et seq. We refer the reader to our opinion in Jensen issued on this date. We reverse the district court’s dismissal order and remand for the reasons given in Jensen. …

“… As the merits panel, we now hold the district court erroneously dismissed this case on ripeness grounds, that these claims are not moot, and that the plaintiff Kenney has standing.

“We reverse and remand for prompt consideration and resolution of the merits of plaintiff’s claims of unconstitutionality of the Act and his claim for declaratory judgment. We instruct the district court to issue its rulings at least forty-five days before the date on which the Commission intends to issue retail licenses pursuant to the Act.”

Kenney v. Rhode Island Cannabis Control Commission, et al. (Lawyers Weekly No. 01-246-25) (4 pages) (Lynch, J.) Appealed from a decision by DuBose, J., in the U.S. District Court for the District of Rhode Island. Aaron L. Weisman and Pannone Lopes Devereaux & O’Gara on brief for the plaintiff-appellant; Chelsea Baittinger and Peter F. Neronha on brief for the defendants-appellees (Docket No. 25-1173) (Nov. 25, 2025).

Click here to read the full text of the opinion.