Marijuana Law, Policy, and Authority

dormant commerce clause

Locals Sue, Seeking to Force Maine to Re-instate Residency Requirement for Marijuana Licenses

As I blogged about earlier, the state of Maine recently abandoned a residency requirement for obtaining commercial adult use marijuana licenses. See Company Sues Maine for Discriminating Against Non-residents When Licensing Marijuana Businesses and UPDATE: Maine Drops Residency Requirement for Adult-Use Commercial Licenses, Moots Legal Challenge. Residency had been expressly required by the state’s adult use marijuana law (the 2018 Marijuana Legalization Act),…

Posted by on June 27, 2020 in News, Updates, , , , , , , , , , , , , ,


UPDATE: Maine Drops Residency Requirement for Adult-Use Commercial Licenses, Moots Legal Challenge

A few weeks ago I blogged about an interesting lawsuit challenging Maine’s residency requirement for commercial recreational marijuana licenses. See Company Sues Maine for Discriminating Against Non-residents When Licensing Marijuana Businesses. Brought by a Delaware corporation, the suit claimed that the residency requirement violated the Dormant Commerce Clause doctrine. Although I suggested two reasons why Maine…

Posted by on May 13, 2020 in News, Updates, , , , , , , , , , , ,


Company Sues Maine for Discriminating Against Non-residents When Licensing Marijuana Businesses

A Delaware corporation (Wellness Connection) has sued Maine, challenging a provision of that state’s recreational marijuana law that bars out-of-state companies and non-resident investors from obtaining commercial marijuana licenses. The suit was filed on March 20, 2020, in the U.S. District Court for the District of Maine. The story has been reported in local papers…

Posted by on April 2, 2020 in News, Updates, , , , , , , , , , , , , , ,


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