Federal Licensing Challenge Continues as State Seeks Second Dismissal

Connecticut CannaTimes | October 8, 2026

A federal lawsuit challenging Connecticut’s cannabis social equity licensing system is moving into another round of litigation, with a new court conference scheduled for October 22.

The case, Smith v. Lamont, was filed in October 2025 by Brant Smith, who argues that Connecticut’s cannabis licensing structure unfairly restricts access to the regulated market and violates the U.S. Constitution’s Dormant Commerce Clause.

Connecticut’s social equity framework reserves significant licensing opportunities for applicants who meet certain residency, income and disproportionately impacted area requirements.

On September 22, U.S. District Judge Vernon D. Oliver granted the state’s motion to dismiss, finding that Smith had not adequately established standing to bring his constitutional challenge. However, the dismissal was without prejudice, allowing Smith to amend his complaint.

Importantly, the court did not determine that Connecticut’s cannabis licensing system is constitutional. Judge Oliver also acknowledged binding Second Circuit precedent establishing that the Dormant Commerce Clause can apply to state cannabis markets despite marijuana remaining federally illegal.

Smith filed an amended complaint on September 28. Governor Ned Lamont and Attorney General William Tong are no longer defendants, leaving Department of Consumer Protection Commissioner Bryan Cafferelli as the remaining defendant.

On October 6, the Attorney General’s Office requested until December 15 to respond, citing the time needed to prepare another motion to dismiss and other litigation obligations.

Smith’s attorney, Genevieve Park Taylor, opposed the request, arguing that the amended complaint contained only limited changes and did not justify an additional two months.

On October 7, Judge Oliver denied the extension request as moot and scheduled a telephone prefiling conference for October 22 at 10 a.m., when the court will establish the next briefing schedule.

Why it matters: The litigation raises questions about who can access Connecticut’s limited cannabis licensing opportunities and whether the state’s social-equity eligibility rules withstand constitutional scrutiny.

For now, the dispute remains focused on whether Smith can bring his challenge in federal court. The underlying constitutionality of the licensing system has not been resolved.

Court: U.S. District Court, District of Connecticut

Case: 3:25-cv-01728-VDO

Next proceeding: October 22, 2026, 10 a.m.

Connecticut Canna Times

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