Peridot Tree, Inc. v. City of Sacramento

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Peridot Tree, Inc., et al., No. 2:22-cv-00289-KJM-DB Plaintiffs, ORDER v. City of Sacramento, et al., 1S Defendants. 16 The plaintiffs in this action, Peridot Tree, Inc. and Kenneth Gay, claim the City of Sacramento has wrongly discriminated against interstate commerce in marijuana contrary to the “dormant” aspect of the Constitution’s Commerce Clause. Congress, however, has outlawed marijuana distribution. Although that prohibition does not deprive this court of jurisdiction, in these unique circumstances, the court postpones its exercise of that jurisdiction. This action is 22 stayed, as explained below. 23 I. BACKGROUND In 2016, California voted to legalize marijuana use by adults 21 and older, among other changes. See People v. Raybon, 11 Cal. Sth 1056, 1060 (2021); Control, Regulate and Tax Adult Use of Marijuana Act, 2016 Cal. Legis. Serv. Prop. 64 (West).…