Abuse of Discretion Preliminary Injunction.

Byline: Derek Hawkins

7th Circuit Court of Appeals

Case Name: C.Y. Wholesale, Inc., et al., v. Eric Holcomb, et al.,

Case No.: 19-3034

Officials: EASTERBROOK, KANNE, and WOOD, Circuit Judges.

Focus: Abuse of Discretion Preliminary Injunction

A group of Indiana-based hemp sellers and wholesalers sued the State of Indiana and its governor, seeking to enjoin the enforcement of the state's criminal prohibition on the manufacture, delivery, or possession of smokable hemp. Ind. Code 35-48-3-10.1. The plaintiffs (collectively "C.Y. Wholesale") argue that Indiana's law is preempted by the Agriculture Improvement Act of 2018 and barred by the Commerce Clause of the Constitution. The district court issued the requested injunction, and Indiana has appealed.

We conclude that although C.Y. Wholesale may have been entitled to block certain aspects of...