Business
Washington’s Residency Requirement Upheld In Court. . . Again
It’s possible that this case will end up being argued before the US Supreme Court. However, the issue could be moot as Washington lawmakers are considering a bill that would remove the residency requirement from Washington law.
The US District Court for the Western District of Washington (the Court) has upheld the residency requirement set by the Washington Liquor and Cannabis Board (LCB) in the case of Brinkmeyer v. LCB. The residency requirement, which requires individuals owning or controlling a licensed business to establish residency six months prior to applying for a license, prohibited Todd Brinkmeyer, who lived in Idaho, from owning or investing in a cannabis license in Washington.
The Court determined that the Dormant Commerce Clause did not apply to Washington’s residency requirement as cannabis remains illegal under federal law. For background on this case check out our three previous blog posts on the lawsuit:
Dormant Commerce Clause
The Dormant Commerce Clause is a legal doctrine that limits states from passing laws that discriminate against or unduly burden interstate commerce. It is based on the Commerce Clause of the U.S. Constitution, which grants Congress the power to regulate commerce among the states. We wrote about how the Dormant Commerce Clause was recently invoked to prohibit New York from fully implementing its Conditional Adult-Use Retail Dispensary licenses. Here’s a brief summary of Dormant Commerce Clause jurisprudence from that post:
The Court began its analysis with Tennessee Wine by distinguishing that case from Brinkmeyer because alcohol is legal under federal law while cannabis is not.The Court also pointed out that many other federal District Courts found that the Dormant Commerce Clause prohibited residency requirements in cannabis, including a decision out of the US Court of Appeals for the First Circuit ruling that Maine’s cannabis residency requirements violated the dormant Commerce Clause. Ne. Patients Grp. v. United Cannabis Patients & Caregivers of Me., 45 F.4th 542 (1st Cir. 2022). In that case, the First Circuit affirmed that Maine’s residency requirement, which is similar to Washington’s, violated the Dormant Commerce Clause of the United States Constitution. However, Maine’s residency requirements applied to only medical cannabis dispensaries.
There are limited protections in place at the federal level that apply to medical cannabis operations but not recreational, specifically, the Rohrabacher-Farr Amendment which prohibits the use of federal funds to go after medical cannabis operators in compliance with state law. The Court found that line of thinking inapplicable to the case at hand because Washington has merged its medical and recreational markets:
The Court ultimately ruled that the Dormant Commerce Clause does not apply to Washington’s cannabis market because that market is illegal under federal law. By finding that the Dormant Commerce Clause did not apply, the Court did not reach the question of whether the residency requirement is narrowly tailored to advance a legitimate local purpose, which means that this question may be analyzed on appeal, if Brinkmeyer decides to take this fight to the US Court of Appeals for the Ninth Circuit.
Congressional Intent
The Court reasoned that Congress expressly and unambiguously prohibited interstate commerce of cannabis by listing it in Schedule I of the Controlled Substances Act. The Dormant Commerce Clause cannot apply when Congress expressly has not exercised its Commerce Clause power to regulate the matter at issue. The Court determined that “[t]here is no dispute that Congress exercised its Commerce Clause power in enacting the CSA and criminalizing cannabis.” The Court went on to state:
The Court rejected the idea that Congress “substantially legalized” cannabis just because the Department of Justice exercised prosecutorial discussion to not prosecute state-legal operators for cannabis crimes.
Privileges and Immunities Clause
The Court also granted summary judgment on Brinkmeyer’s claim that the residency requirement violated the Privileges and Immunities Clause of the US Constitution. The Privileges and Immunities Clause is a provision in the United States Constitution, found in Article IV, Section 2. It prohibits states from discriminating against citizens of other states by denying them the “Privileges and Immunities” that it affords its own citizens.
Brinkmeyer argued that Washington’s residency requirement for selling cannabis violates the right to pursue a livelihood and the right to travel, which are protected by the Privileges and Immunities Clause. However, the Court determined that that the right to engage in illegal commerce is not an established right under the Privileges and Immunities Clause because the right to engage in commerce that remains federally illegal is not fundamental.
Bottom Line
The Court held that:
- The Dormant Commerce Clause did not apply to Washington’s residency requirement as cannabis remains illegal under federal law. The Dormant Commerce Clause cannot apply when Congress has not exercised its Commerce Clause power to regulate the matter at issue.
- Restricting interstate commerce of cannabis was in line with Congress’s intent and that the residency requirements attempt to prevent any interstate commerce in cannabis and prevent cannabis from moving into states where it remains illegal.
- Citizens do not have any constitutional right to engage in illegal activity.
If this case is appealed, it will go to the US Court of Appeals for the Ninth Circuit. If the 9th Circuit upholds the ruling it will likely create a circuit split with the First Circuit’s holding on the residency issue in its Maine case.
It is possible that this case will end up being argued before the US Supreme Court. However, the issue could be moot as Washington lawmakers are considering a bill that would remove the residency requirement from Washington law. We will continue to monitor the situation.
Source: https://thefreshtoast.com/news/washingtons-residency-requirement-upheld-in-court-again/
Business
Jio’s 1,600-Satellite LEO Constellation Gets Technical Green Light
Reliance Jio has crossed a significant milestone in its space connectivity ambitions after its proposal to deploy a Low Earth Orbit (LEO) satellite constellation of around 1,600 satellites received a positive technical assessment from the Indian National Space Promotion and Authorisation Centre (IN-SPACe).
The evaluation, conducted jointly by IN-SPACe, the Indian Space Research Organisation (ISRO), and the Wireless Planning and Coordination (WPC) wing of the Department of Telecommunications, reportedly concluded that Jio’s proposed system meets the required technical standards and is comparable to leading global satellite broadband networks.
India’s Indigenous LEO Satellite Vision
Under the proposal, Reliance Jio plans to deploy between 1,600 and 1,650 satellites in Low Earth Orbit at an altitude of around 650 kilometres.
The planned constellation is expected to provide high-speed satellite connectivity across India, with approximately 32 satellites visible from any location at a given time. The company aims to roll out the network within the next two to three years, subject to regulatory approvals.
According to industry estimates, the satellite system could deliver 4.5 to 5 terabits per second (Tbps) of total data capacity, making it one of the largest satellite broadband projects proposed in India.
The project is expected to require an investment of $10–15 billion (approximately ₹95,000 crore to ₹1.42 lakh crore), reflecting the scale of infrastructure needed for satellite manufacturing, launches, ground stations, and user terminals.
Regulatory Process Moves Forward
Following the successful technical review, the proposal is expected to move into the next phase of regulatory approvals.
The government may now assist Jio in securing orbital slots, coordinating spectrum usage, and filing applications with the International Telecommunication Union (ITU), the global body responsible for managing satellite orbit and frequency allocations.
Obtaining orbital rights remains a critical step, as Low Earth Orbit has become increasingly competitive due to the growing number of satellite broadband projects being planned worldwide.
Officials also indicated that the proposed satellite architecture has been designed to coexist with future Indian LEO constellations, allowing multiple domestic operators to share orbital resources efficiently.
Broadband, Mobile Connectivity, and Strategic Applications
Jio plans to use the satellite network to provide a range of communication services, including satellite broadband, mobile backhaul, enterprise connectivity, and direct-to-device (D2D) satellite communication, particularly in remote and underserved regions where conventional telecom infrastructure is limited.
The company also intends to establish 20 to 22 ground stations across India to support network operations.
Apart from commercial telecommunications, officials have highlighted the project’s potential strategic importance. A domestically developed satellite constellation could strengthen India’s communication infrastructure, reduce dependence on foreign satellite operators, and support national security requirements.
Reports suggest preliminary discussions are underway regarding the possibility of integrating defence-related payloads into some satellites, enabling both civilian and strategic use.
Major Step for India’s Space and Telecom Sectors
Industry analysts view the technical clearance as an important milestone in India’s expanding private space ecosystem. If Jio secures the remaining regulatory approvals and international orbital clearances, the project could become the country’s first large-scale indigenous LEO satellite broadband network.
The initiative also aligns with India’s broader efforts to expand digital connectivity while strengthening its presence in the global satellite communications market.
Business
Alleged Crores Pharma Scam Mastermind Arrested from Surat
After evading law enforcement for nearly 13 years, an accused linked to a large-scale pharmaceutical fraud case has been arrested by Delhi Police from Surat, Gujarat. The suspect is alleged to have orchestrated a series of financial scams involving fake identities, forged documents, and dishonoured cheques used to procure high-value pharmaceutical raw materials.
Authorities say the accused, identified as Himmat Singh Lodha, is believed to have defrauded multiple pharmaceutical companies in Delhi of goods worth approximately ₹98 lakh before disappearing and remaining underground for years.
Fake Business Deals and Dishonoured Cheques Used in Fraud
Investigators claim the accused posed as a legitimate pharmaceutical trader and placed bulk orders for expensive drug ingredients, offering post-dated cheques as payment security.
In one documented case from 2013, he allegedly obtained around 550 kilograms of Gliclazide, a diabetes-related pharmaceutical ingredient, valued at over ₹26 lakh. When suppliers attempted to encash the cheques, they were reportedly returned with the remark “account closed.”
Following the transaction, the accused allegedly vacated his office and rented residence and disappeared without settling payments. He was later declared a proclaimed offender in 2016 after repeatedly failing to appear before court proceedings. Authorities had also issued a reward for information leading to his arrest.
Multiple Identities and Repeated Fraud Pattern
Police investigations further link the accused to another cheating case dating back to 2012, where he allegedly used a fake identity, “Kailash Jain,” to obtain a large consignment of Ambroxol HCL, a pharmaceutical compound used in cough medications. The value of that consignment was estimated at around ₹72 lakh.
Officials believe the accused followed a consistent modus operandi—posing as a credible businessman, securing high-value goods on deferred payment terms, and then disappearing after delivery while shutting down business operations.
Investigators suspect that forged business records, fake company credentials, and fabricated financial histories were used to build trust with suppliers and gain access to expensive raw materials.
Multi-State Surveillance Leads to Arrest in Surat
A special Crime Branch team tracked the accused through coordinated surveillance efforts across multiple cities, including Mumbai, Ahmedabad, and Surat. After nearly a month of technical monitoring and intelligence gathering, officials located and arrested him from a residential area in Surat.
Authorities also revealed that the accused had been involved in property-related activities while staying under the radar to avoid detection.
Growing Threat of Corporate Identity Fraud
The case highlights a rising trend of organised financial fraud targeting industries that rely heavily on trust-based transactions and deferred payments. Experts note that criminals increasingly exploit gaps in corporate verification systems by using fake GST registrations, temporary offices, and forged documentation to appear legitimate.
Cybercrime and financial fraud specialists warn that such schemes are becoming more complex with the widespread availability of digital business tools, making it easier to create convincing but fraudulent corporate identities.
Experts Urge Stronger Due Diligence in High-Value Transactions
Experts, including former IPS officer and cybercrime specialist Prof. Triveni Singh, emphasize the need for stricter verification procedures in commercial dealings. He noted that relying solely on paperwork or digital business profiles can expose companies to significant financial risk.
Authorities and industry experts recommend physical verification of business operations, bank account validation, and detailed background checks before engaging in high-value or deferred-payment transactions—particularly in sectors like pharmaceuticals, where single consignments can involve transactions worth crores.
Business
EU Pressure Builds on Google as Regulators Face Calls for Massive Fine Over Search Practices
A growing coalition of European industry groups is intensifying pressure on regulators to take decisive action against Google over allegations of unfair search practices that could reshape competition rules across the region’s digital economy.
Investigation Under Digital Markets Act Gains Momentum
The case is being examined by the European Commission under the European Union’s landmark Digital Markets Act (DMA), introduced to curb the dominance of major technology platforms and ensure fair competition.
Launched in March 2024, the investigation focuses on whether Google has been prioritising its own services in search results, potentially disadvantaging rival businesses that rely on online visibility to reach customers.
Industry Groups Demand Swift Action
Several prominent European organizations have jointly urged regulators to conclude the probe without further delay. They argue that prolonged investigations allow alleged anti-competitive practices to continue, putting European companies—especially startups—at a disadvantage.
Signatories include the European Publishers Council, the European Magazine Media Association, the European Tech Alliance, and EU Travel Tech.
In a joint statement, these groups warned that delays in enforcement are affecting innovation, profitability, and growth prospects for regional businesses competing in digital markets.
Google Denies Allegations
Google has rejected claims of bias, stating that its search algorithms are designed to deliver the most relevant and useful results to users. The company has also proposed adjustments to address regulatory concerns.
However, critics argue that these changes are insufficient and fail to address the core issue of market dominance.
Potential Billion-Euro Penalties
If found in violation of the DMA, Google could face significant financial penalties. Under EU rules, fines can reach a substantial percentage of a company’s global turnover, potentially amounting to billions of euros.
Regulators may also impose corrective measures requiring changes to business practices, which could have long-term implications for how digital platforms operate in Europe.
Wider Implications for Big Tech
The case highlights ongoing tensions between European regulators and major U.S. technology firms. In recent years, the EU has taken a more aggressive stance in enforcing competition laws, aiming to create a level playing field for local businesses.
A final ruling against Google could set a major precedent, influencing future enforcement actions and shaping the regulatory landscape for global tech companies operating within Europe.
As scrutiny intensifies, the outcome of the investigation is expected to play a critical role in defining the future of digital competition across the European Union.
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